Wednesday, July 17,2024, the Conference Committee, submitted their final conference report to the House and the Senate for final passage. Both the House and the Senate enacted An Act Modernizing Firearm Laws, and it has been sent to the Governor’s Desk. With the goal to update the Commonwealth’s firearm laws, this bill is a comprehensive package focused on gun safety through addressing community violence, the mitigation of gun violence, enhanced accountability, and oversight tools for illegal gun activity.
Conference Committee on Firearms Overview of Conference Report
Assault-style firearms:
Maintains current 2 feature test while updating specific features. Maintains current list of prohibited assault firearms based on the 1994 Federal law – does not add any new firearms to the list.
Provides legacy protection for Assault-style firearms lawfully possessed within the commonwealth on August 1, 2024.
Clarifies the definition of a copy or duplicate firearm and codifies that a copy or duplicate assault-style firearms shall not be considered a copy or duplicate of an enumerated (prohibited) firearm if sold, owned and registered prior to July 20, 2016.
Maintains existing exclusions from those firearms that are not considered prohibited assault-style firearms.
Updates and clarifies the definition of large capacity feeding device to include “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”.
Maintains legacy protection for large capacity feeding devices, while placing new restrictions on their transport, use and transfer.
Updates the composition of the Firearms Control Advisory Board by maintaining existing members who may be appointed: Director of CJIS (now made Chair), a member of GOAL, and a police chief selected form a list of 4 provided by Mass Chiefs, and adding the following new appointments: the Attorney General, the State Police armorer, and an appointment each by the Senate President and the Speaker of an individual with demonstrated knowledge or expertise in firearm safety, law or technology.
Provides that the secretary of public safety and security shall, with the advice of the firearm control advisory board compile and publish a roster of prohibited assault-style firearms as well as a roster of firearms approved for sale and use in the commonwealth.
Prohibited Places:
Maintains prohibition on on carrying firearms in and on grounds of schools and colleges, while also adding school transport to the prohibition.
Establishes a prohibition carrying firearms on the grounds and parking areas (unless properly stored) on a place owned, leased, or under the control of state, county or municipal government and used for the purpose of government administration, judicial or court administrative proceedings, or correctional services.
Exempts any state-owned public land available to the public for hunting.
Establishes a prohibition on carrying firearms in buildings in use at the time of possession as a polling place or for the storage or tabulation of ballots
Provides that a municipality may “opt-out” these prohibitions.
Provides exemption for current and certified retired members of law enforcement.
Automatic Conversion Devices (Glock switches):
Ensures that all such devices, as defined, whether attached to a firearm or not shall be illegal and subject to the same penalty as illegal possession of a machine gun.
Ghost Guns:
Requires all firearms to be serialized and registered, including privately made firearms.
Expands definition of firearm to include unfinished frames and receivers to ensure that only licensed individuals may purchase, possess or sell these key components of a firearm.
Modernizes our current firearm registration system by directing EOPSS to establish and develop an electronic firearms registration system.
Directs EOPSS to develop a system for persons to obtain serial numbers for privately made firearms. Includes exemptions for antique firearms and pre-1968 firearms.
Prohibits the use of a 3D printer or computer numerical controlled milling machine to manufacture firearms unless individual possesses a license to carry. Provides exemptions including for licensed manufacturers.
Prohibits the sale, or offer to sell, of a 3D printer or computer numerical controlled milling machine that has the primary or intended function of manufacturing a firearm (with appropriate exceptions). Primary or intended function shall mean it was advertised, marketed or promoted to manufacture firearms.
Firearms Safety Course:
For FID card, maintains hunter education course as substitute for basic firearm safety certificate.
Updates the basic firearms safety course to include minimum requirements for course curriculum and a written examination.
In addition to existing requirements, the curriculum must now include suicide, injury and harm reduction education, information on the applicable laws relating to the use of force; information on disengagement tactics; and live firearms training.
Live firearms training shall not be implemented until 18 months from effective date of this act, and EOPPS shall conduct hearings and issue recommendations to the legislature within 9 months regarding implementing the live fire requirement.
Training of Local Licensing Authorities and Inspection of Dealers:
The bill requires local licensing authorities to participate in training as prescribed by EOPSS. which shall include, but shall not be limited to, instruction on: (i) current laws, regulations and rules relating to this chapter; (ii) licensing responsibilities; (iii) record keeping obligations; (iv) firearm surrender, registration and tracing; (v) responsibilities and requirements regarding the annual inspection of establishments licensed under section 122 of this chapter; and (v) electronic database use.
No reporting to POST for not completing training.
Inspection of dealers shall remain with the local licensing authorities unless they request the state police to conduct or they fail to conduct the inspections.
Dealer License and Dealer Training:
Requires firearms dealers to take an online training course as part of licensure and renewal.
Combines Dealers and Gunsmith license with the license to sell ammunition.
Continues to exempt gunsmiths from the reporting requirements dealers must do, while still requiring them to maintain records on customers.
Must be 21 for a dealer’s license (this is current law but is not spelled out in current law).
Requires dealers to conduct background checks on all employees who have any contact with firearms
Dealers must post rules on safe firearms transport
Changes from “may confiscate” to “shall confiscate” when a dealer is presented with an expired license.
ERPO’s:
Expands who may petition for an ERPO to: law enforcement official (not licensing authority) who has had official interaction with a respondent within the past 30 days; health care provider; and a principal or assistant principal at a secondary or elementary school, or an administrator at a college or university.
Allows an ERPO petition to be taken out against a respondent who does not currently possess a license or firearms (pre-emptive ERPO)
Authorizes issuance of warrant to seize firearms if ERPO not complied with.
Provide extensive liability protection for health care providers (other petitioners also but specific language for health care providers – used Senate language).
Expanded reporting requirements by the courts.
Licensing Standardization:
Creates new section that:
standardizes and encompasses who is a prohibited person for all license categories (dealer, FID, LTC, Chemical spray permit, non-resident temporary license).
Standardizes process for findings of unsuitability for all license categories.
Standardizes the application and administrative process for all license applications (i.e. time frames, background checks, appeals, revocations and suspensions)
Incorporates Senate’s police-initiated section 12’s in the background check process to ensure that local licensing authorities are aware of any incidents involving their licensees.
Restriction on Purchasing semi-automatic firearm:
Will now requires a License to Carry (LTC) in order to purchase and possess a semi-automatic firearm. Minimum age for an LTC is 21.
Self-Defense Spray (Mace, etc)
Allows 15-18 year olds to apply for a self-defense spray permit without parental permission (current law requires parental permission for this age group)
Allows 12-14 year olds to apply for a self-defense spray permit with parental permission (current law does not allow this age group to apply for such a permit)
Shooting at a Dwelling:
Creates a new criminal offense for intentionally or recklessly discharging a firearm and striking a dwelling or building in use
Punishable by imprisonment in the house of correction for not more than 2 ½ years or in state prison for not more than 5 years or by a fine of not more than $10,000, or both such imprisonment and fine
Exceptions for law enforcement, lawful self-defense, and dwellings or buildings on the property of a shooting range
Intoxication:
For the crime of carrying a firearm under the influence, adds language to make clear that the threshold is a blood alcohol limit of 0.08, mirroring DUI standard
For the crime of hunting under the influence, adds language to make clear that the threshold is a blood alcohol limit of 0.08, mirroring DUI standard
Data: Firearms
Requires EOPSS to develop a data dashboard to assist with firearms research.
Expands the information contained in EOPSS bi-annual report on crime guns.
Establishes a commission to report on way to improve data collection and types of data to be collected.
Violence Prevention Funding and Federal Medicaid Funds:
Establishes Task force of interested parties to determine whether state should seek waiver to receive Medicaid funds for violence prevention programs.
If Task force recommends seeking waiver the administration shall seek waiver.
Any funds brought in from such waiver shall be set aside for legislature to appropriate.
Transportation of Firearms: Motor Vehicle and Recreational Vehicles
Adopts definition for “secured in a locked container” to clarify what constitutes properly stored including in a motor vehicle.
Authorizes the ability to transport firearms in an ATV as long as properly stored.
Silencers:
Makes any combination of parts designed to silence a firearm an illegal silencer.
Harassment Prevention Orders:
Includes harassment prevention orders as making someone a prohibited person in all categories of licensure.
Includes provisions to order the surrender of firearms and license if substantial likelihood of immediate danger of harassment to the plaintiff.
Covert and Undetectable Firearms:
Updates definition of covert firearm.
Updates definition of undetectable firearm.
Creates definition of untraceable (un-serialized) firearm (see ghost guns)
The gun bill passed in Massachusetts yesterday marks a significant advancement in the state's ongoing efforts to enhance public safety and address gun violence. The comprehensive legislation introduces stricter regulations on gun ownership, implements more rigorous background checks, and expands red flag laws to prevent individuals deemed dangerous from accessing firearms. It also includes provisions to improve mental health resources and support for communities disproportionately affected by gun violence. This landmark bill underscores Massachusetts' commitment to reducing gun-related incidents and fostering a safer environment for all residents.
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