Massachusetts SD 627: An Act relative to preventing illegal trafficking of firearms

Bill Text

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SENATE DOCKET, NO. 627 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 1491

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cynthia Stone Creem
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to preventing illegal trafficking of firearms.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Cynthia Stone Creem Norfolk and Middlesex

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SENATE DOCKET, NO. 627 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 1491
By Ms. Creem, a petition (accompanied by bill, Senate, No. 1491) of Cynthia Stone Creem for
legislation to prevent illegal trafficking of firearms. Public Safety and Homeland Security.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1561 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________

An Act relative to preventing illegal trafficking of firearms.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Subclause (j) of clause twenty-sixth of section 7 of chapter 4 of the General
2 Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word
3 “cards”, in line 206, the following words: - , but such names and addresses shall be made
4 available to law enforcement or other investigative officials, including district attorneys, assistant
5 district attorneys, the attorney general and assistant attorneys general for purposes of enforcing
6 subsection (c) of section 131E of chapter 140.
7 SECTION 2. Section 123 of chapter 140 of the General Laws, as so appearing, is hereby
8 amended by striking the striking in line 27 the words “forthwith at” and inserting in place thereof
9 the words: - within thirty minutes of.

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10 SECTION 3. Section 123 of chapter 140 of the General Laws, as so appearing, is hereby
11 amended by inserting after the word “condition.”, in line 247, the following sentences: - Twenty-
12 second, That no licensee shall sell, rent or lease a firearm or large capacity weapon without first:
13 (i) obtaining a signed declaration from the purchaser, renter or lessee, on a form furnished by the
14 executive director of the criminal history systems board, that such individual has not purchased,
15 rented or leased, as those terms are used in section 121 and subsection (c) of section 131E of this
16 chapter, any firearm or large capacity weapon during the previous 30 days, or that such
17 individual is an exempt person as set forth under subsection (c) of section 131E of this chapter;
18 (ii) forwarding such declaration to the executive director of the criminal history systems board;
19 and (iii) receiving notification from the criminal history systems board that the purchaser, renter
20 or lessee has not purchased, rented or leased any firearm or large capacity weapon during the
21 previous 30 days, or that such individual is an exempt person as set forth under subsection (c) of
22 section 131E of this chapter. Such notification from the criminal history systems board shall be
23 valid for no more than two business days after the criminal history systems board issues the
24 notification, after which time the licensee must receive a new notification before completing a
25 sale, rental or lease of a firearm or large capacity weapon to such purchaser, renter or lessee.
26 Such declaration from the purchaser, renter or lessee shall not be a defense in any action brought
27 against a licensee.
28 SECTION 4. Section 128 of said chapter 140 of the General Laws, as so appearing, is
29 hereby amended by replacing in lines 5 and 6 the words “or twenty-first” and inserting in place
30 thereof the words “,twenty-first or twenty second”.

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31 SECTION 5. Paragraph (1) of section 129B of said chapter 140, as so appearing, is
32 hereby amended by striking in line 100 the word “or” and by inserting after clause (xi) in line
33 102 the following :-
34 “or (xii) has been convicted of a violation of subsection (c) of section 131E of this
35 chapter.”
36 SECTION 6. Paragraph (d) of section 131 of said chapter 140, as so appearing, is hereby
37 amended by striking in line 144 the word “or” and by inserting after clause (x) in line 146 the
38 following :-
39 “or , (xi) has been convicted of a violation of subsection (c) of section 131E of this
40 chapter.
41 SECTION 7. Section 131A of said chapter 140 of the General Laws, as so appearing, is
42 hereby amended by inserting after the words “proper purpose”, in lines 5 and 6, the following
43 words: - and does not violate the firearm or large capacity weapon purchase, rental or lease
44 limitation in subsection (c) of section 131E of this chapter.
45 SECTION 8. Section 131E