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GOAL's Resource Page For HD.4420 - The Lawful Citizens Imprisonment Act

HD.4420 represented the greatest attack on civil rights by a Massachusetts political "leader" in modern history!

The 2A community has responded in historic fashion that resembles the patriots of old. Your quick and decisive response stopped (even if only temporarily) Speaker Mariano in his tracks. If not for your response to our call to action, HD.4420 would already be law.

With more and more members of the 2A community taking action, it is time we we brought our message directly to the State House. For 25 years, our State Government has demanded that we comply with their draconian, anti-civil rights laws. More than a year ago, the Supreme Court of the United States ruled that their laws were unconstitutional!

"The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guaran­tees.” 

Massachusetts Government - TIME FOR YOU TO COMPLY!!!






It is time to ramp up the fight against historical anti-civil rights bill:

Here are some things you can do:

  • Make absolutely sure your friends, family and local club knows how serious this is. Share this informational flyer!
  • Ask your club to begin preparations to bus members in when a hearing is announced. (We may only get a day's notice)
  • It is critical that you share Print out GOAL’s summary with your legislators to make sure they actually know what is really happening.
  • Contact your local State Representative and Senator directly. Don't rely on automated "click here" systems. They are completely ineffective.
  • Make your phone call, letter, email a short personal story about how the bill will effect you. A few hand written sentences are tremendously potent.

Talking points – there is no need to get into the nitty gritty of the bill since it is impossible to fix!

  • The summary provided to the legislature does not represent what the bill would actually do to lawful citizens. The legislature is being intentionally misled by Chairman Day and Speaker Mariano!
  • If this becomes law, about 10% of the Commonwealth’s population would become criminals and enemies of the state overnight.
  • The bill is so egregious that it is impossible to amend, so don’t tr
  • If the bill does come to the House floor, you should leave the chamber in protest to send a clear message to the Speaker that you will not take any part in doing this to your constituents.
  • Nothing in the bill addresses violent crime, mental health, or suicide.
  • Everyone who attended the “listening tour”, including Chairman Day, stated repeatedly that licensed gun owners are not the problem. This bill totally reflects the opposite.
  • This will ring the dinner bell for violent criminals to flock to Massachusetts; because we will all be defenseless, including domestic violence victims, the elderly, people of marginalized communities, and even off duty law enforcement. Everyone’s safety in the Commonwealth will be compromised!


Current Sponsors of The Lawful Citizens Imprisonment Act

For a current list click here.


New Mandates/Restrictions: (This will be updated as we continue to review the bill in detail. Check back for updates.)


''Firearm'' is now a generic term to mean any type of gun, including stun guns. The new term now considers the frame or receiver or the barrel as to legally be a firearm. That means any of these components must meet every criteria, including safe storage and transportation, as a working firearm.

These bullet points by no means represent the entirety of the concerns of Gun Owners’ Action League or the Second Amendment community.

General comments:

  • It is unconscionable that junior shooters would not be allowed to possess, or use, semi-automatic rifles and shotguns. These types of firearms have been used in junior shooting sports since their invention. They offer much reduced recoil making it more comfortable to learn about and safely use firearms.
  • Why are we increasing penalties for loss or theft? Are the current laws actually being used against suspected criminal activity? Where is the data?
  • The bill, in no way clarifies rules on transport and carry to “comport with constitutional requirements”, it actually does just the opposite.
  • This bill actually doubles down on the unconstitutional current laws by adding a tremendous volume of new unconstitutional sections of law. It represents a blatant violation of the Supreme Court decision – Bruen.

SECTION 25 of the bill: (New Definition)

"Additive manufacturing”, a process in which material is added to produce a product, including, but not limited to 3-dimensional printing.

  • Incredibly vague definition and a potential First Amendment violation

SECTION 31 of the bill (New Definition)

“Feeding device”, any magazine, belt, strip, drum or similar device that holds ammunition for a firearm, whether fixed or detachable from a firearm.

"Fixed magazine”, an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

  • This is an incredibly broad definition that will bring in an immense number of devices, perhaps in the millions just in Massachusetts.
  • It even includes “Fixed Magazines”. Why would we need to serialize any feeding device, let alone one that is permanently attached?

SECTION 43 of the bill (Safe Storage Definition):

"Secured in a locked container”, at a minimum the container must be capable of being unlocked only by means of a key, combination or similar means and it must be able to deter all but the most persistent from gaining access. A room or a store even if capable of being locked and surveilled is insufficient.

  • Who is to determine what that new definition of “most persistent” actually means? How does one quantify “persistence”?
  • Why would a secured room (vault) not comply with safe storage?
  • Retailers must comply with safe storage laws.

SECTION 45 of the bill: (New Definition)

 “Untraceable firearm”, a firearm that has not been serialized by a government entity or a firearm on which a serial or other identification number has been removed, defaced, altered, obliterated or mutilated in any manner

  • According to this section, firearms can only be serialized by a “government entity”. As required by federal law, every new gun manufactured since 1968 has been serialized by the manufacturer.
  • Currently, firearms manufactured on or before 1898 (federal law) are not required to have serial numbers.
  • Is Massachusetts going to build an agency capable of machining serial numbers into firearms, and firearm parts?
  • Currently, manufacturers create a list of serial numbers that the BATFE then approves. The numbers are then machined into the firearm by the manufacturer.
  • The new definition of “Firearm” would legally consider these parts to be a firearm:

Barrel

Receiver

Frame

  • This would mean that each part would have to be serialized in Massachusetts before assembly. This could really complicate tracing matters as a given gun could have many different serial numbers on it.
  • When was the last time in Massachusetts that a crime was solved, that led to a conviction, as a result of tracing a gun?
  • Many collectible/historic firearms and feeding devices are extremely valuable. Serializing them would destroy their value.

SECTION 48 of the bill: (Registration, Reporting and Tracing)

  • Mandatory registration of all individual firearms, receivers, frames, barrels and feeding devices.
  • Must have prior permission from the state to build or modify any firearm, receiver, frame, barrels and feeding devices. Even simply replacing a set of grips on a competition handgun will require previous permission and potential re-registration.
  • Privately made guns must be registered within 7 days.
  • Mentions a new term “Expiration date for registrant” – what does this mean?
  • Requires providing to the state an itemized list of parts if modifying or building a gun.
  • Feeding devices are now included in rental reports.
  • Subsection (e) of this section implies there are no exemptions from registration for those traveling through the state in direct violation of federal law.

SECTION 50 of the bill: (Firearm Data Reports)

  • No good can come from supplying the general public this type of data. Releasing to the general public the private information of lawful citizens is dangerous at the very least.
  • In the 2014 law (Chapter 284 of the Act of 2014) GOAL created the Criminal Firearms and Trafficking Division of the State Police to assist the Attorney General and local District Attorneys with violent crime involving illegal use of firearms and data gathering. To our knowledge this division was quickly disbanded after about a year.
  • What is the actual purpose of gathering all this data? The problems with reducing violent crime is obvious to even the average citizen. There are enough criminal gun laws (GOAL wrote many of them) on the books to put most violent offenders away for decades.

SECTION 53. (Licensing)

  • Delinquent child is now a prohibited person permanently.
  • A license holder must present their license to law enforcement, on demand, even if they do not currently possess or, even, own a firearm. This is essentially “stop and frisk” for the Second Amendment community.

o   The penalty for not immediately producing said license could lead to suspension or revocation of the license subject to the discretion of the local licensing authority.

SECTION 55 of the bill (Retailers)

  • Must be a licensed retailer to sell any/all feeding devices.
  • Retailers are required to confiscate any expired license presented to them.

Forward them to the local licensing authority.

Notify Criminal Justice Information Services.

Issue a receipt to the license holder for their confiscated expired permit.

Notify the license holder of their responsibility to surrender their firearms and ammunition.

Retailers must keep a record book and record all firearm, feeding device and ammunition sales, transfers and rentals. To include the customer’s name, sex, address and occupation.

Retailers will now be inspected once a year by the State Police instead of the local licensing authority.

State Police can develop the rules for inspections.

SECTION 56 of the bill (New Training Mandates):

  • ·      Written Exam of unknown content.
  • ·      injury prevention and harm reduction education.
  • ·      active shooter and emergency response training when lawful gun owners are not allowed to carry in most places under this bill.
  • ·      applicable laws relating to the use of force.
  • ·      de-escalation and disengagement tactics.
  • ·      live firearms training – to be determined by the State Police.
  • ·      Students must meet new established minimum requirements.
  • ·      Criminal Justice Information Services will issue certificate rather than the instructor.
  • ·      This is essentially SWAT training for everyone 15 years of age and over.
  • ·      No such certified training courses currently exist to meet these standards. Such a course, if it did exist, would likely take a week to teach at a cost of thousands of dollars.
  • This would eliminate people from being able to afford to exercise their civil rights.

Licensing Authority Training shall participate in training seminars on the following:

  • current laws, regulations and rules relating to this chapter;

licensing responsibilities;

record keeping obligations;

firearm surrender, registration and tracing policies;

electronic database use.

  • Regulations prescribed by the Executive Office of Public Safety and Security shall include penalties for non-compliance which may include review by the Massachusetts Peace Officers Standards and Training (POST) Commission. 
  • Mandated training for retailers.
  • The curriculum for the online dealer training program shall include information on requirements and conditions expressed in sections 122 to 130, inclusive, and other relevant General Laws and shall further include (i) uniform standards of security for business premises; and (ii) employee background check and training requirements.

Retailer inspections now conducted by State Police, under this proposal, will add additional cost and burdens to state law enforcement.

SECTION 57 of the bill:

  • Persons can voluntarily surrender firearms (new definition) or ammunition to a licensing authority.
  • Professional photographers or writers are exempt from long gun permits during the course of their work.
  • Common carrier employees would have to possess a license to carry firearms in the Commonwealth in order to transport firearms, feeding devices, barrels, frames, receivers and ammunition.
  • Potentially every employee in a common carrier facility would have to possess a license to carry.
  • Common carrier facilities would have to have a storage area that meets the new definitions.
  • Common carriers (UPS, FedEx) must comply with storage and transportation requirements, not possible.

This would essentially mean that interstate and intrastate commerce of lawful products would cease.

This would eventually mean that all licensed retailers would go out of business, leaving no legal means of obtaining products in Massachusetts.

  • Anyone under 15 is banned from handling any handgun, semi-automatic rifle, or semi-automatic shotgun. All of which are in common use throughout the junior shooting sports world.
  • Bans anyone under 15 from taking part in sanctioned shooting sports and training.

Sections 58 & 59 of the bill: (Firearm Control Advisory Board)

These changes remove most experts from the Board and transforms it into a political entity. It is clear from the changes that the Board will be turned into an anti-civil rights task force.

SECTION 60 of the bill: (New Assault Weapons Section)

  • There are no more exemptions (grandfathering) for any “Assault-style Firearm” legally possessed after September 13, 1994.
  • The new definition would drastically broaden the list of prohibited guns that were previously perfectly legal to purchase within the Commonwealth, even under the Attorney General’s 2016 Assault Weapons edict.
  • New Assault Weapon definition now has a single feature test.
  • New restrictions on where you can possess a pre-ban so-called Assault Weapon
  • New restrictions on transferring large capacity feeding devices.

Even if the feeding device is pre-September 14, 1994 it can only be possessed under the following conditions:

  • on private property owned or legally controlled by the person
  • on private property that is not open to the public with the express permission of the person who owns or controls such property
  • while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair
  • at a licensed firing range or sports shooting competition venue; or while traveling to and from these locations
  • the large capacity feeding device is stored unloaded and secured in a locked container
  • Mandatory reporting of the transfer of a large capacity feeding device.
  • The office of the attorney general shall promulgate rules and regulations for this section which shall include public notice and an outreach campaign to promote awareness of the provisions of this section.
  • Bans the possession of any “automatic part”

SECTION 173 of the bill: (Prohibited Spaces)

Ban on possessing any firearm, barrel, frame, receiver, feeding device (loaded or unloaded), or ammunition including ammunition components in a “prohibited area”.

 “prohibited area” shall mean any of the following, including in or upon any part of the buildings, grounds, or parking areas of:  

  • a place owned, leased, or under the control of state, county or municipal government used for the purpose of government administration, judicial or court administrative proceedings, or correctional services
  • a location in use as a polling place or used for the storage or tabulation of ballots
  • an elementary school, secondary school, college, university or other educational institution including transport used for students of said institution and places where persons are assembled for educational purposes
  • any private property, including but not limited to residential, commercial, industrial, agricultural, institutional or undeveloped property, unless the owner has provided express consent or has posted a sign indicating that it is permissible to carry on the premises a firearm with a valid and lawfully issued firearm license or permit under Chapter 140
  • A law enforcement officer may arrest without a warrant and detain a person found in violation of this section
  • These restrictions shall not apply to a law enforcement officer while in the performance of their official duties, or a security guard employed by the prohibited area while at the location of their employment and during the course of their employment

“Ghost Gun” language: (too many sections to list)

  • How is the state going to “monitor” criminal behavior? If that is possible, why aren’t they already in jail?
  • Defining different parts of a firearm as a firearm creates the same quagmire that the 1998 law created, when it defined any ammunition component to be ammunition. It only served to be problematic to lawful gun owners and did nothing to reduce crime.
  • How is the state going to pay for the massive infrastructure and staff that will be required to comply with this effort? Are there any estimates on what it would cost and where the funding is coming from?
  • This is especially important because if the bill becomes law, the state will lose untold millions in revenue through massive reduction in lawful commerce and licensing.
  • The online web portal for the Firearms Record Bureau would have to be completely retooled at great expense.
  • Under the new definitions, a complete firearm may have an entire series of different serial numbers on its parts. As legal firearms are upgraded or repaired, it will cause tremendous confusion.

Harassment Prevention Order (HPO) and Extreme Risk Protective Order (ERPO) Enhancements 

  • ·      The so-called “Red Flag Laws” are a blatant violation of the Constitution. Any citizen can make a complaint and before the accused can even respond, their rights and property are taken from them.
  • ·      To make matters even worse, the Red Flag Laws are supposed to prevent suicide and potentially identify a mass murderer. Yet, when the original debate took place in the legislature, GOAL’s amendments to create a professional mental health commission and a Massachusetts suicide hotline were blocked by the law’s supporters.
  • ·      When asked about the potential mass murderer, GOAL asked what the plan was to handle that person. The only answer we received was to take away their guns and license and send them home. So, wait, you just identified a killer, and the courts agree, and that is all you are going to do?
  • ·      It ultimately shows that the Red Flag Law supporters have no real interest in public safety and will never have any credibility on the subject of suicide prevention.
  • ·      This new language only makes a bad law worse and does nothing to help those who may be suicidal or homicidal.

SECTION 231 of the bill: (Emerging Technology, Smart Gun)

  • This type of technology has already been widely rejected by virtually every law enforcement agency in the nation.
  • If it was worth even studying, why isn’t the Secret Service, FBI, and all law enforcement using it.
  • Guns already work the way they are supposed to. The problem is our government’s failure to prosecute violent offenders.

SECTIONS 213 & 216 of the bill: (Negligent Firearm Discharge)

  • We understand that this language is supposed to address criminal activity such as drive by shootings. It is pretty clear that there are enough laws on the books to put these types of criminals away for decades.
  • There is also the concern of accidental discharges. While they are rare in the Second Amendment community, they can happen, even with law enforcement.
  • There has also been minor problems when new construction happens adjacent to traditional hunting areas and shooting ranges.

 SECTION 232 of the bill: (Violence Prevention Commission)

  • This section essentially creates an unfunded commission full of political appointees and local activists.
  • There are no criminal experts, firearm experts, or law enforcement mentioned by name.
  • Yet another commission that will eventually file a report that will likely be ignored.
  • Even the lay person understands that violent crime will never be properly addressed until local District Attorneys push for tough criminal convictions and the courts follow through.

 

New or modified gun law definitions:

"Additive manufacturing”, a process in which material is added to produce a product, including, but not limited to 3-dimensional printing.

''Ammunition'', cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun. The term ''ammunition'' shall also mean tear gas cartridges.

"Antique firearm”, any firearm manufactured in or before 1899 and any replica of any such firearm if such replica: (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade. This includes any muzzle loading rifle, shotgun or pistol that is designed to use black powder, or a black powder substitute, and that cannot use fixed ammunition, except any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

''Assault-style firearm'', any firearm which is:

(a) A semiautomatic rifle with the capacity to accept a detachable feeding device and includes any of the following features: (i) a folding, telescopic, thumbhole or detachable stock or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size and other dimension, or otherwise enhances the concealability of the weapon; (ii) a pistol grip, forward grip or second handgrip or protruding grip that can be held by the non-trigger hand; (iii) a threaded barrel or (iv) a barrel shroud.

(b) A semiautomatic pistol with the capacity to accept a detachable feeding device and includes any of the following features: (i) the capacity to accept a feeding device that attaches to the pistol outside of the pistol grip; (ii) a second handgrip or a protruding grip that can be held by the non-trigger hand; (iii) a threaded barrel; (iv) a barrel shroud; (v) a manufactured weight of 50 ounces or more when unloaded; or (vi) a buffer tube, stabilizing brace or similar component that protrudes horizontally behind the pistol grip, and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder.

(c) A semiautomatic shotgun with the capacity to accept a detachable feeding device and includes any of the following features: (i) a folding, telescopic or detachable stock; (ii) a pistol grip or bird’s head grip; or (iii) a forward grip.

(d) The semiautomatic version of any fully automatic firearm.

(e) Any firearm listed on the assault-style firearm roster created pursuant to section 128A.

(f) All of the following rifles:

(i) All AK types, including the following: AK, AK47, AK47S, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR-47, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10 and WUM, IZHMASH Saiga AK, MAADI AK47 and ARM, Norinco 56S, 56S2, 84S and 86S, Poly Technologies AK47 and AKS and SKS with a detachable feeding device;

(ii) All AR types, including the following: AR-10, AR-15, Alexander Arms Overmatch Plus 16, Armalite M15 22LR Carbine, Armalite M15-T, Barrett REC7, Beretta AR-70, Black Rain Ordnance Recon Scout, Bushmaster ACR, Bushmaster Carbon 15, Bushmaster MOE series, Bushmaster XM15, Chiappa Firearms MFour rifles, Colt Match Target rifles, CORE Rifle Systems CORE15 rifles, Daniel Defense M4A1 rifles, Devil Dog Arms 15 Series rifles, Diamondback DB15 rifles, DoubleStar AR rifles, DPMS Tactical rifles, DSA Inc. ZM-4 Carbine, Heckler & Koch MR556, High Standard HSA-15 rifles, Jesse James Nomad AR-15 rifles, Knight’s Armament SR-15, Lancer L15 rifles, MGI Hydra Series rifles, Mossberg MMR Tactical rifles, Noreen Firearms BN 36 rifle, Olympic Arms, POF USA P415, Precision Firearms AR rifles, Remington R-15 rifles, Rhino Arms AR rifles, Rock River Arms LAR-15, Sig Sauer SIG516 rifles and MCX rifles, Smith & Wesson M&P15 rifles, Stag Arms AR rifles, Sturm, Ruger & Co. SR556 and AR-556 rifles, Uselton Arms Air-Lite M-4 rifles, Windham Weaponry AR rifles, WMD Guns Big Beast, Yankee Hill Machine Company, Inc. YHM-15 rifles;

(iii) Barrett M107A1 and M82A1;

(iv) Beretta CX4 Storm;

(v) Calico Liberty Series;

(vi) CETME Sporter;

(vii) Daewoo K-1, K-2, Max 1, Max 2, AR 100 and AR 110C;

(viii) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR and FS2000;

(ix) Feather Industries AT-9;

(x) Galil Model AR and Model ARM; 

(xi) Hi-Point Carbine;

(xii) HK-91, HK-93, HK-94, HK-PSG-1 and HK USC; 

(xiii) IWI TAVOR, Galil ACE rifle;

(xiv) Kel-Tec Sub 2000, SU-16 and RFB;

(xv) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig Sauer SG 551 and SIG MCX;

(xvi) Springfield Armory SAR-48;

(xvii) Steyr AUG;

(xviii) Storm, Ruger & Co. Mini-14 Tactical Rifle M-14/20CF; 

(xix) All Thompson rifles, including the following: M1SB, T1100D, T150D, T1B, T1B100D, T1B50D, T1BSB, T1-C, T1D, T1SB, T5, T5100D, TM1, TM1C;

(xx) UMAREX UZI rifle;

(xxi) UZI Mini Carbine, UZI Model A Carbine and UZI Model B Carbine;

(xxii) Valmet M62S, M71S and M78;

(xxiii) Vector Arms UZI Type;

(xxiv) Weaver Arms Nighthawk; and

(xxv) Wilkinson Arms Linda Carbine.

(g) All of the following pistols:

(i) All AK types, including the following: Centurion 39 AK pistol, CZ Scorpion pistol, Draco AK-47 pistol, HCR AK-47 pistol, IO Inc. Hellpup AK-47 pistol, Krinkov pistol, Mini Draco AK-47 pistol, PAP M92 pistol and Yugo Krebs Krink pistol;

(ii) All AR types, including the following: American Spirit AR-15 pistol, Bushmaster Carbon 15 pistol, Chiappa Firearms M4 Pistol GEN II, CORE Rifle Systems CORE15 Roscoe pistol, Daniel Defense MK18 pistol, DoubleStar Corporation AR pistol, DPMS AR-15 pistol, Jesse James Nomad AR-15 pistol, Olympic Arms AR-15 pistol, Osprey Armament MK-18 pistol, POF USA AR pistols, Rock River Arms LAR 15 pistol and Uselton Arms Air-Lite M-4 pistol; 

(iii) Calico pistols; DSA SA58 PKP FAL pistol; Encom MP-9 and MP-45; 

(iv) Heckler & Koch model SP-89 pistol;

(v) Intratec AB-10, TEC-22 Scorpion, TEC-9 and TEC-DC9; 

(vi) IWI Galil Ace pistol, UZI PRO pistol

(vii) Kel-Tec PLR 16 pistol; 

(viii) All MAC types, including the following: MAC-10, MAC-11, Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol and MPA Mini Tactical Pistol, Military Armament Corp. Ingram M-11 and Velocity Arms VMAC;

(ix) Sig Sauer P556 pistol;

(x) Sites Spectre;

(xi) All Thompson types, including the following: TA510D and TA5; 

(xii) All UZI types, including Micro-UZI.

(h) All of the following shotguns:

(i) DERYA Anakon MC-1980, Anakon SD12;

(ii) Doruk Lethal shotguns;

(iii) Franchi LAW-12 and SPAS 12;

(iv) All IZHMASH Saiga 12 types, including the following: Saiga 12, Saiga 12S, Saiga 12S EXP-01, Saiga 12K, Saiga 12K-030, Saiga 12K-040 Taktika;

(v) Streetsweeper; and

(vi) Striker 12.

(i) Any shotgun with a revolving cylinder.

(j) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495.

(k) a copy or duplicate of any firearm listed or meeting the standards of sections (a) to (f), inclusive, that was manufactured or subsequently configured with an ability to accept a detachable magazine, and:  (i) its internal functional components are substantially similar in construction and configuration to those of an enumerated weapon; or  (ii) it has a receiver that is the same as or interchangeable with the receiver of an enumerated weapon.  

(l) The term shall not include: (i) any of the firearms, or replicas or duplicates of such weapons lawfully possessed on September 13, 1994; (ii) any weapon that is operated by manual bolt, pump, lever or slide action.

"Automatic conversion”, any modification made to a firearm or any part capable of being attached to a firearm that allows for the automatic discharge of a number of shots or bullets with one continuous activation of the trigger.

“Automatic part”, any part capable of being attached to a firearm that allows for the automatic discharge of a number of shots or bullets with one continuous activation of the trigger.

“Barrel”, the tube through which a projectile or shot charge is fired.

“Bona Fide Collectors of Firearms”, an individual who acquires firearms for such lawful purposes as historical significance, display, research, lecturing, demonstration, test firing, investment or like purpose. The acquisition of firearms for sporting use or for use as an offensive or defensive weapon shall not qualify an applicant as a bona fide collector of firearms. An individual licensed pursuant to 18 U.S.C. C. 44 s. 923(b) shall be deemed a bona fide collector of firearms for purposes of this chapter.

"Common long gun”, a rifle or shotgun that is not large capacity and cannot produce semiautomatic or automatic fire.

"Covert firearm”, a firearm that is not a stun gun, capable of discharging a bullet or shot, that is constructed in a shape that does not resemble a firearm or is not immediately recognized as a firearm, including, but not limited to zip guns, concealed bolt guns, folding guns and any other weapon that resemble key-chains, pens, canes, wallets, flashlights, cigarette-lighters or cigarette-packages, flare guns, pellet guns and bb gun conversion kits and camouflaging firearm containers.

“Curio or relic firearms”, firearms which are of special interest to collectors because they possess some qualities not ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons.

''Deceptive firearm device'', any device that is intended to convey the presence of a firearm that is used in the commission of a violent crime, as defined in this section, and which presents an objective threat of immediate death or serious bodily harm to a person of reasonable and average sensibility.

"Downloadable gun code”, digital instruction in the form of computer-aided design files or other code or instructions stored or displayed in electronic format as a digital model that may be used to manufacture or produce a firearm, firearm receiver, feeding device or firearm component using additive manufacturing.

“Feeding device”, any magazine, belt, strip, drum or similar device that holds ammunition for a firearm, whether fixed or detachable from a firearm.

"Fire control component”, part(s) designed to hold back the hammer, striker, bolt or similar primary energized part prior to initiation of the firing sequence in a firearm.

''Firearm'', a weapon, including but not limited to a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet; the frame or receiver or the barrel of any such weapon; provided, however, that the term firearm shall not include any antique firearm or permanently inoperable firearm.

“Firearm part”, any element or replacement element specifically designed for a firearm and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block.

"Fixed magazine”, an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

"Frame or receiver”, part of a firearm that provides the housing or structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure.

''Large capacity feeding device'', (i) a fixed or detachable magazine, belt, drum, feed strip or similar device that has a capacity of, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells; or (ii) any part or combination of parts from which a device can be assembled if those parts are in the possession or control of the same person. The term shall not include: (i) any device that has been permanently altered so that it cannot accommodate more than 10 rounds of ammunition or more than 5 shotgun shells; (ii) an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or (iii) a tubular magazine that is contained in a lever-action firearm.

''Large capacity firearm'', any firearm that: (i) is semiautomatic with a fixed large capacity feeding device; (ii) is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device when both are in the same person’s possession or under their control in a vehicle; (iii) employs a rotating cylinder capable of accepting more than 10 rounds of ammunition  or more than 5 shotgun shells; or (iv) that is an assault-style firearm. The term ''large capacity firearm'' shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, and shall not include: (i) any firearm that operates by manual bolt, pump, lever or slide action; (ii) any firearm that is a single-shot weapon; (iii) any firearm that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity firearm; or (iv) any firearm that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity firearm.

"Manufacture or assemble”, to (i) fabricate, make, form, produce, or construct, by manual labor or by machinery, a firearm; or (ii) fit together a firearm’s component parts. Does not include making or fitting special barrels, stocks, or trigger mechanisms to firearms.

“Nonresident”, a person who is temporarily in Massachusetts but legally resides in another state or territory of the United States.

“Permanently embedded”, applied in such a way that cannot be easily or readily removed without destroying the part to which it is applied.

“Petition”, as used in sections 131 to 131G, inclusive, a request filed with the court by a petitioner for the issuance or renewal of an extreme risk protection order.

''Petitioner'', as used in sections 131 to 131G, inclusive: (i) a family or household member; (ii) a law enforcement agency or officer, as defined in section 1 of chapter 6E; (iii) a 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, or licensed certified social worker who has provided health care services to the respondent within the preceding 6 months; (iv) an administrator of a elementary school, secondary school, college, university or other educational institution where the respondent is enrolled; or (v) an employer of the respondent.

“Privately made firearm”, a firearm manufactured or assembled by an individual who is not a licensed manufacturer.

''Respondent'', as used in sections 131 to 131G, inclusive, the person identified as the respondent in a petition against whom an extreme risk protection order is sought.

"Secured in a locked container”, at a minimum the container must be capable of being unlocked only by means of a key, combination or similar means and it must be able to deter all but the most persistent from gaining access. A room or a store even if capable of being locked and surveilled is insufficient.

“Self-defense spray”, chemical mace, pepper spray or any device or instrument which contains, propels or emits a liquid, gas, powder or other substance designed to incapacitate.

SECTION 44. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting, after the definition of “semiautomatic”, the following definitions: -

“Serial number”, a unique identifying number provided by a government entity.

“Serialization”, the process of conspicuously engraving, casting or otherwise permanently stamping a unique serial number on a firearm frame or receiver or firearm barrel. The serial number must be placed in a manner not susceptible of being readily obliterated, altered or removed and must be engraved, cast or stamped to a minimum depth of .003 inch and in a print size no smaller than 1/16 inch.  Serialization of firearms, frames and receivers made from non-metallic materials must be accomplished by using a metal plate permanently embedded in the material of the frame or receiver.

“Trigger modifier”, any modification that repeatedly activates the trigger of a firearm including but not limited to trigger cranks, binary triggers and hellfire triggers.

“Undetectable firearm”, a firearm that, after the removal of grips, stocks, and magazines, is not detectable by walk-through metal detectors calibrated and operated to detect the security exemplar defined in 18 U.S.C. Section 922(p)(2)(C), or a major component of a firearm that, when inspected by detection devices commonly used at secure public buildings and transit stations, does not generate an image that accurately depicts the shape of the component.

“Untraceable firearm”, a firearm that has not been serialized by a government entity or a firearm on which a serial or other identification number has been removed, defaced, altered, obliterated or mutilated in any manner.

''Weapon'', any rifle, shotgun or firearm.

Where the local licensing authority has the power to issue licenses or cards under this chapter, but no such licensing authority exists, any resident or applicant may apply for such license or firearm identification card directly to the colonel of state police and said colonel shall for this purpose be the licensing authority.

''Weapon'', any rifle, shotgun or firearm.

Where the local licensing authority has the power to issue licenses or cards under this chapter, but no such licensing authority exists, any resident or applicant may apply for such license or firearm identification card directly to the colonel of state police and said colonel shall for this purpose be the licensing authority.

Sections 122 to 129D, inclusive, and sections 131, 131A, 131B and 131E shall not apply to:

(A) any firearm, rifle or shotgun manufactured in or prior to the year 1899;

(B) any replica of any firearm, rifle or shotgun described in clause (A) if such replica: (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; and

(C) manufacturers or wholesalers of firearms, rifles, shotguns or machine guns.

"Personalized firearm", a firearm manufactured with incorporated design technology or converted with such technology so that it: (i) allows the firearm to be fired only by the authorized user(s); or (ii) prevents any of the safety characteristics of the firearm from being readily deactivated.

“Microstamp”, a microscopic array of characters identifying the make, model, or serial number of a firearm, etched or otherwise imprinted in 2 or more places on the interior surface or the internal working parts of the firearm, that are transferred by imprinting on each cartridge case when the firearm is fired. 

 

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