How H.4139 Restriction on Junior Shooters/Hunters


 

·      Repeals current protections for juniors: Chapter 140, Section 130 1/2

Section 1301/2. Notwithstanding section 130 or any general or special law to the contrary, it shall be lawful to furnish a weapon to a minor for hunting, recreation, instruction and participation in shooting sports while under the supervision of a holder of a valid firearm identification card or license to carry appropriate for the weapon in use; provided, however, that the parent or guardian of the minor granted consent for such activities.

  • ·      Appears to ban the possession of a pistol or revolver, for any purpose, for anyone under 21.
  • ·      Anyone under 21 cannot possess/purchase a large capacity firearm or any semiautomatic rifle or shotgun unless at an incorporated club or licensed shooting range under the direct supervision of a License to Carry holder. No junior hunting with semiautomatics.
  • ·      A junior may acquire a “common long gun” permit at age 15, can apply at 14.
  • ·      Even with a “common long gun” permit, anyone under 18 must also acquire a separate pepper spray permit that is “may’ issue.
  • ·      Anyone applying for a “common long gun” permit must complete a training course that includes, at a minimum: (It is unclear if a Hunter Education course can substitute for this mandate.)
  • o   The safe use, handling and storage of firearms.
  • o   Methods for securing and childproofing firearms.
  • o   The applicable laws relating to the possession, transportation and storage of firearms.
  • o   Knowledge of operation, potential dangers and basic competency in the ownership and use of firearms.
  • o   Injury prevention and harm reduction education.
  • o   Active shooter and emergency response training.
  • o   Applicable laws relating to the use of force.
  • o   De-escalation and disengagement tactics.
  • o   Live firearms training.
  • ·      A nonresident at least 18 years and can only possess common long guns and ammunition if the nonresident has a permit or license issued from their state of residence. That license must meet requirements of a Massachusetts license with the following exemptions.
  • o   To hunt during hunting season with a nonresident hunting license or a hunting license or permit lawfully issued from their state of residence which has substantially similar requirements to Massachusetts law.
  • ·      Nonresident Junior shooters/hunters under 18 cannot possess a pistol or revolver for any purpose.
  • ·      Nonresidents under 21 cannot possess a large capacity firearm or semiautomatic rifle or shotgun for any purpose.

The “Red Flag” language greatly expands who can file a “petition” against a minor in possession of a “Common Long Gun” permit. There seems to be no provision that mandates parental/guardian notification.

  • ·      family or household member,
  • ·      law enforcement agency or officer,
  • ·      licensed physician,
  • ·      registered nurse,
  • ·      licensed practical nurse,
  • ·      certified nurse practitioner,
  • ·      certified clinical nurse specialist,
  • ·      certified psychiatric clinical nurse specialist,
  • ·      licensed psychiatrist,
  • ·      licensed psychologist,
  • ·      licensed mental health counselor,
  • ·      licensed marriage and family therapist,
  • ·      licensed independent clinical social worker,
  • ·      licensed certified social worker,
  • ·      a principal or assistant principal of an elementary school or secondary school,
  • ·      administrator of a college or university where the respondent is enrolled,
  • ·      employer

 


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