Brief Summary H.4885 Retailer Matters

Chapter 135 of the Acts of 2024

Updated July 31, 2024

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The following should not be taken as legal advice.

SECTION 1. Retailer Employees

• Broadens the scope of background checks for prospective employees.

SECTION 33. Retail Licenses

• Rolls gunsmith, firearm and ammunition retail licenses into one license.
• Allows a retail applicant to use their LTC information for application.
• A retailer license cannot act as a license to carry.
• Must complete online training.

SECTION 37. Retailers

• Requires retailers to confiscate and report expired, suspended, revoked LTCs or FIDs if presented to them.
• Must keep an on-site or electronic record of all firearm and ammunition transactions. Does MIRCs cover this?
• Records shall be open at all times to the inspection of the police. (Without warrant?)
• Bans internet sales of firearms and ammunition unless the items are transferred in person.
• Annual inspections can be done by state police if the local authority opts out.
• The state must develop signage and have it available for download.
• The retailer shall make and keep an on-site or electronic record of all firearm & ammunition transactions.
• Records shall be open at all times to the inspection of the police. (Presumably without warrant.)
• Before transfer or delivery of any sold, rented, leased or otherwise transferred firearm or ammunition, a legible entry in the on-site or electronic record shall be made and kept specifying:

o  The complete description of the firearm and ammunition transferred, including the make, serial number, type of firearm and designation as a large capacity firearm, if applicable.

o  Whether the firearm or ammunition has been sold, rented or leased and the date of such transaction.

o  The license, permit or card identification number of the person acquiring the firearm, or ammunition along with their sex, residence address and occupation.

o  The purchaser, renter or lessee’s name as personally written by said person in the sales record book and as confirmed by valid state or federal identification.

Gunsmiths

• Gunsmiths shall keep records of their work together with the names and addresses of their customers.

Exemption: Shall not apply to a gunsmith for:

• Repair or remodeling or servicing of firearms., but must keep records of work done and for who.

SECTION 38.

• Retailer applicant training:

o  Uniform standards of security for business premises

o  Employee background check and training requirements

o  Information on requirements and conditions contained in laws and regulations   

SECTION 40. Retailer License

• Removes mandatory minimum sentencing for unlawful transfer.
• Gives the option to courts to provide jail time for up to 2 ½ years instead of prison time.

Other issues that will affect retailers.

Ammunition

• Ammunition retailer licenses have been rolled into the firearm retailer section. This will require ammunition sellers to maintain a place of business that is not a residence.
• All ammunition purchases through a Massachusetts licensed retailer shall be recorded by the retailer and the purchasing license holder must personally enter their information in the register.
• All retailers experiencing ammunition theft or loss must be reported to the state.
• Antique Firearms
• SECTION 15. Creates a separate definition for “Antique Firearm”. Clarifies where a license is required to possess antiques/muzzle loaders. Any that use a modern primer may be considered a modern firearm. 

Assault Weapons & Large Capacity Magazines

SECTION 16. Assault Style Firearms

“Assault Weapon”

• “Two feature test” is distorted by adding “shroud, fore grip” essentially banning every firearm that is semi-automatic centerfire utilizing a detachable magazine.
• Bans any firearm recommended by Firearm Control Advisory Board that they believe should the listed on the assault-style firearm roster.

“Assault-style firearm” - Grandfathering

• In order for anything to be grandfathered under these categories the firearms must have been legally possessed in Massachusetts and registered by August 1, 2024.

• September 13, 1994 – Only applies to large capacity magazines, but with very harsh restrictions on where they can be possessed and how they are stored.

• July 20, 2016 – Applies to the list of enumerated weapons, but seems to exempt copies and duplicates prior to this date. This now officially makes any purchases/transfers of ARs, AKs, or other enumerated AWs on or after the day of her press conference (July 20, 2016) illegal.

• August 1, 2024 – Applies to anything else under the new definition including semi-automatics.

SECTION 63. Bans the possession of large capacity feeding devices by licensed non-residents.

SECTION 71. Assault Style Firearms

•  “Assault Style Firearm”.

o  August 1, 2024 Assault Style Firearms and Large Capacity Feeding Devices - bans: possess, own, offer for sale, sell or otherwise transfer in the commonwealth or import into the commonwealth that was not lawfully possessed in the state prior to August 2, 2024.

o  September 13, 1994 only grandfathers large capacity feeding devices that are:

• Kept on private property and only controlled by the owner.
• Not on private property open to the public without the expressed permission of the property owner.
• While at a retailer or gunsmith, but only for repairs.
• At a licensed shooting range or competition venue.
• Must be stored unloaded in a secured locked container.
• Can only transfer to heir or a person outside of the state.
• To qualify for the exemption for the grandfathering the items must have been owned by an LTC Holder or a licensed retailer.
• This includes most, if not all, semi-automatic rifles and shotguns under the new definition.
• Mandatory registration.
• No, there are no exemptions for rimfire in regard to large capacity magazines other than .22 rimfire tubular magazines.

Firearm Control Advisory Board

SECTION 50. Firearm Control Advisory Board

• Formerly the Gun Control Advisory
• Adds members to the Board to include:

o  A person appointed by the speaker of the House that has demonstrated knowledge or expertise in firearm safety, law or technology.

o  A person appointed by the Senate President that has demonstrated knowledge or expertise in firearm safety, law or technology

• The board shall also advise the executive office of public safety and security on training needs and materials for licensing authorities and licensees.
• The new “Assault Style Firearm” law seems to allow the Board to determine what can be banned under that new section.
• Frames and Receivers
• There is nothing in the new law that references 80% lowers, it simply refers to “unfinished” frames and receivers.
• All frames and/or receivers (unfinished or otherwise) that could be considered a copy or duplicate of an enumerated Assault Weapon must have been lawfully possessed and registered in Massachusetts on or before August 2, 2024.
• Any frames or receivers (unfinished or otherwise), not on the enumerated ban list, but meet the new features test must be possessed and registered in Massachusetts on or before August 1, 2024.
• Private builds for any firearm that would fall under the new semi-automatic Assault Style Firearm definitions are prohibited after August 1, 2024

3-D Printers and Milling Machines

• Must have a License to Carry in order to use 3-dimensional printer or computer numerical control milling machine to manufacture or assemble any firearm. Bans the sale of 3-D printers and CNC milling machines that have the primary or intended function of manufacturing or assembling firearms.
• Federally licensed manufacturers are exempt.

Registration

Special Note: Previously there was no requirement for citizens moving into Massachusetts to register their firearms. It now appears that they will have to do so retroactively back to the date they moved in. It may also be the case that they would then have to report any transfers they have done since then. Otherwise the firearms would still be registered in their name.

SECTION 32. Creates new registration mandates.

Creates a new section of law, Chapter 140 Section 121B

• Appears to include retailer inventory. Does this prevent MA retailers from keeping “non-compliant” inventory?
• Creates a full registration scheme and system.

o  The name and address of the source from which the firearm was obtained, including the name and address of the prior registrant if applicable.

o  Whether the firearm is a privately made firearm.

o  A statement signed by the registrant that they are properly licensed, permitted or exempted under the laws of the commonwealth and are not otherwise prohibited from owning or possessing a firearm. 

• Anyone moving into the state will have to register firearms.
• To include, but not limited to, all purchases, sales, rentals, leases, loans or other transfers shall be reported to the electronic firearms registration system.
• All firearm transactions shall be reported by all parties.
• No report shall be required for a loan of a firearm to a duly licensed or exempted person for a period of less than 7 days. 
• Failure to report loss or theft: $1,000 - $10,000 and prison.

Rosters

It appears that all types of firearms are now subject to the same testing requirements that previously only to handguns sold by retailers.

SECTION 51. Rosters

• Rosters for Assaults style firearms and approved firearms must be reviewed, updated and published three times a year.
• Requires licensing authorities to provide information about the rosters to license applicants or renewals.
• Grants authority to the Secretary of EOPPS to add or delete firearms from any roster at their discretion.

SECTION 51. Rosters

• Rosters for Assaults style firearms and approved firearms must be reviewed, updated and published three times a year.
• Requires licensing authorities to provide information about the rosters to license applicants or renewals.
• Grants authority to the Secretary of EOPPS to add or delete firearms from any roster at their discretion.

Semi-Automatics

• Complete prohibition for FID card holder regardless of age. A holder of an FID card is prohibited from: owning, possessing, purchasing or transferring (including to retailers) rifles and shotguns that are large capacity or semi-automatic (even rimfire).
• As for LTC holders, the new semi-automatic laws are very expansive and there are several sections that must be referenced in order to determine what is banned and who is banned from possessing them.
• The new laws also appear to give full authority to the Secretary of EOPSS to amend the rosters for any and all firearms including semi-automatic firearms. We won’t know what will be “approved” or banned for quite some time.

Serialization

Mandatory Serialization of Firearms

• All firearms, frames and receivers shall have a serial number.
• Serial numbers must be placed in a manner not susceptible of being readily obliterated, altered or removed.
• Firearms, frames and receivers made from non-metallic materials shall be accomplished by using a metal plate permanently embedded in the material of the frame or receiver. 
• Any firearm, frame or receiver transferred, inherited, etc. into the state must in compliance within 60 days.
• Firearms dealers, gunsmiths, distributors or manufacturers shall be serialized within 7 days of import or acquisition. 
• Privately made firearms:

o  Must obtain a unique serial number prior to manufacture or assembly.

o  Serialize the firearm with the obtained serial number during manufacture or assembly.

o  Register the firearm within 7 days.

• The state shall develop and maintain a serial number request system to electronically receive, record and process requests.
• All data on privately made firearms is available for data collection.
• Serial number requests include:

o  Whether the request is for a privately made firearm.

o  The type of firearm to be serialized.

o   If privately made.

o   The means and manner of its production. 

·     Exemptions:

o  Being delivered to law enforcement for destruction.

o  Common carriers.

o  Non-residents traveling through the state, but the firearms must be stored and/or transported according to state law.

o  That are the property of the government of the United States.

o   Produced by federally licensed manufacturers not for sale in the commonwealth.

o  Manufactured prior to October 22, 1968. 

Storage & Transportation

SECTION 54. References the FID card section in the transportation law.

SECTION 57. Transportation

• Makes changes the law to include locked consoles and glove boxes in the definition of “Secured in a locked container”
• Changes the law to officially allow a firearm to be stored is a “Secured in a locked container” while the vehicle is unattended.
• Mandates common carriers in the course of the regular and ordinary transport of firearms, locked access to any area containing firearms.

SECTION 70. Storage laws – now includes semi-automatics in the same category as large capacity firearms.

• Retailer applicant training:

o  Uniform standards of security for business premises

o  Employee background check and training requirements

o  Information on requirements and conditions contained in laws and regulations