Librarian
Member
Surprised this hasn't appeared here yet - picked up over at TFL.
text of legislation at the link: http://www.mass.gov/governor/legisl...-to-strengthen-and-enhance-firearms-laws.htmlJanuary 16, 2013
To the Honorable Senate and House of Representatives:
I am filing for your consideration legislation entitled “An Act To Strengthen and Enhance Firearms Laws in the Commonwealth.” Both proactively, and in the wake of too many tragedies, I have filed legislation tackling the problem of gun violence and illegal firearm possession. We can no longer allow gun violence to permeate our communities, and we must cease the incalculable pain it causes families of victims in the Commonwealth and throughout the nation.
This legislation echoes my commitment to gun safety, and includes the following provisions:
• It brings Massachusetts into compliance with the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007, a federal law passed in the aftermath of the Virginia Tech shooting tragedy. It will require that the courts transmit all required mental health adjudications and orders to the state’s criminal justice information system to be provided to the Attorney General of the United States for the purpose of firearms licensing only. The legislation also creates a federally mandated relief from disabilities program, which allows individuals who have mental health disqualifications to once again become eligible for gun ownership by showing that they are not likely to act in a manner dangerous to public safety.
• It creates four new crimes: assault and battery by means of a firearm, assault by means of a firearm, being a felon in possession of a firearm, and commission of a violent misdemeanor while in possession of a weapon. These crimes will give police and prosecutors additional tools to protect the community from those who possess and use guns in a crime. Further, the bill increases the authorized minimum penalties for third and fourth offenses of illegal possession and carrying of firearms, shotguns, rifles, and machine guns, and increases the maximum punishment for a second offense. The bill also amends existing law addressing weapons on school grounds by creating tiered punishments for possessing weapons on school property and gives police the authority to arrest without a warrant in order to quickly diffuse a situation on school property.
• It amends the Commonwealth’s “criminal enterprise” statute to target broader illegal activity committed by traditional and non-traditional criminal enterprises and organizations, including street gangs and large-scale drug and human trafficking groups. It amends the state wiretap statute to allow law enforcement to utilize electronic surveillance as a tool to investigate and prosecute street gangs, even when there is no connection to traditional organized crime.
• It reduces access to high-powered rounds of ammunition.
• It better tracks weapon sales by (1) requiring dealers at organized gun shows to connect to the Massachusetts Instant Record Check System (MIRCS) when conducting a sale of a firearm; and (2) requiring private sales of firearms to occur at the business of a licensed dealer so that the sale can be tracked electronically.
• It limits gun buyers to one firearm purchase per month and prevents the furnishing of a machine gun to any person under 21 years of age.
• Finally, this bill would allow a rebuttable presumption that an individual charged with a felony involving firearms and physical force is dangerous for purposes of pretrial detention.
I urge your prompt consideration and enactment of this bill to help stop the terrible tragedy of gun violence in our Commonwealth. I look forward to working with the legislature on this effort.
