Massachusetts HD 3426: An Act to raise the age for possession of a firearm

Bill Text

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HOUSE DOCKET, NO. 3426 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2369

The Commonwealth of Massachusetts
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PRESENTED BY:
David Paul Linsky
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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 to raise the age for possession of a firearm.
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PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
David Paul Linsky 5th Middlesex 1/20/2023
Carol A. Doherty 3rd Bristol 1/30/2023
Michelle M. DuBois 10th Plymouth 2/7/2023
Tricia Farley-Bouvier 2nd Berkshire 2/8/2023
Rebecca L. Rausch Norfolk, Worcester and Middlesex 2/23/2023
James B. Eldridge Middlesex and Worcester 3/4/2023
Carmine Lawrence Gentile 13th Middlesex 3/6/2023

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HOUSE DOCKET, NO. 3426 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2369
By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2369) of David
Paul Linsky and others for legislation to raise the age for possession of firearms. Public Safety
and Homeland Security.

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to raise the age for possession of a firearm.

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. Section 129B of chapter 140 of the General Laws, as so appearing, is
2 hereby amended by striking out subsections (iv) and (v) of paragraph 1 and inserting in place
3 thereof the following subsection:-
4 (iv) is at the time of the application younger than 18 years of age; provided, however, that
5 in accordance with Section 131E, a firearm identification card issued to a person under 21 years
6 of age shall only authorize the person to purchase a rifle or shotgun that is manually operated by
7 bolt, pump, lever or slide action, unless the person is a member of the National Guard, armed
8 forces of the United States, or a peace officer.
9 SECTION 2. Section 130 of Chapter 140 of the General Laws, as so appearing, is hereby
10 amended as follows:
11 Whoever sells or furnishes a rifle, shotgun or ammunition to any alien 21 years of age or
12 older who does not hold a permit card issued to that alien pursuant to section 131H or, except as

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13 provided in this section, section 130 ½, or section 131E, whoever sells or furnishes any alien or
14 any person under 21 years of age a rifle, shotgun, machine gun or ammunition, or whoever sells
15 or furnishes to any person under 21 years of age a firearm or large capacity rifle or shotgun or
16 ammunition therefor shall have the license to sell firearms, rifles, shotguns, machine guns or
17 ammunition revoked and shall not be entitled to apply for such license for 10 years from the date
18 of such revocation and shall be punished by a fine of not less than $1,000 nor more than $10,000,
19 or by imprisonment in a state prison for not more than 10 years or by imprisonment in a house of
20 correction for not more than 2½ years or by both such fine and imprisonment.
21 SECTION 3. Section 131E of Chapter 140 of the General Laws, as so appearing, is
22 hereby amended as follows:
23 Any resident of the commonwealth may purchase firearms, rifles, shotguns and
24 ammunition feeding devices from any dealer licensed under section 122, or from such person as
25 shall be qualified under section 128A, or ammunition from a licensee under section 122B,
26 subject to the following conditions and restrictions:
27 (a) rifles, shotguns and feeding devices therefor may be so purchased only upon
28 presentment of:
29 (i) a valid firearm identification card issued under section 129B; or (ii) a valid Class A or
30 Class B license to carry firearms issued under section 131; or (iii) valid proof of exempt status
31 under section 129C; provided, however, that large capacity rifles and shotguns and large capacity
32 feeding devices therefor may be so purchased only upon presentment of a Class A or Class B
33 license to carry firearms issued under said section 131; and provided further, that no rifle or
34 shotgun or ammunition or ammunition feeding device therefor shall be sold to any person less

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35 than 18 21 years of age, except as provided in subdivision (c) of this section; and provided
36 further, that no large capacity rifle or shotgun or large capacity feeding device therefor shall be
37 sold to any person less than 21 years of age;
38 (b) firearms and feeding devices therefor may be so purchased only upon presentment of:
39 (i) a valid Class A or Class B license to carry firearms issued under section 131; or (ii) a
40 valid firearm identification card issued under section 129B together with a valid permit to
41 purchase a firearm issued under section 131A; or (iii) a valid permit to purcha