An Act Relative to Return of Property

Latest news: H.2055 was filed for the 190th General Court by Rep. Shawn Dooley.

What it does: This bill allows federally licensed entities such as an FFL to return (transfer) a firearm deemed “non-compliant” by MA law back to its rightful owner should such entity take possession of it.

Why it is important: Ever since the infamous handgun regulations passed by Attorney General Harshbarger decades ago, there have been problems with licensed retailers, bonded warehouses, gunsmiths, etc. being able to return lawfully owned property (guns) to their owners after working on them, or taking possession of them for whatever reason. This problem has now been complicated due to AG Healey’s new, wide reaching interpretations covering so-called assault weapons. This legislation enables the above mentioned entities to legally return a licensed gun owners property.


Bill Language:

Chapter 140 of the general laws is hereby amended by inserting after section 123 the following new section:-

“Section 123A. Notwithstanding any general or special law or regulation to the contrary, any person having temporarily stored a weapon with a private business including, but not limited to, a licensed retailer under section 123 or a bonded warehouse under section 129D shall be entitled to the return of their property.

If in the event that said property was transferred to and stored by a private business without the expressed written consent of the property owner, no fees may be charged as a requirement for the return of said property.

Notwithstanding any general or special law or regulation to the contrary, any person having temporarily transferred a weapon to a private business including, but not limited to, a licensed retailer under section 123 or a gunsmith for, but not limited to, repair, modification, warranty work, replacement or maintenance shall be entitled to the return of their property.”

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