FILED ON: 10/18/2023
HOUSE . . . . . . . . . . . . . . . No. 4139
House bill No. 4135, as amended by the House. October 18, 2023.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act modernizing firearm laws.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as
2 appearing in the 2022 Official Edition, is hereby amended by striking out subclause (j) and
3 inserting in place thereof the following subclause:-
4 (j) the names and addresses of any persons contained in, or referred to in, any
5 applications for any licenses to carry or possess firearms issued pursuant to chapter 140 or any
6 long gun permits issued pursuant to said chapter 140 and the names and addresses on sales or
7 transfers of any firearms or ammunition therefor, as defined in said chapter 140 and the names
8 and addresses on said licenses or permits;.
9 SECTION 2. Section 172M of chapter 6 of the General Laws, as so appearing, is hereby
10 amended by striking out, in line 3, the figure “122” and inserting in place thereof the following
11 figure:- 125.
12 SECTION 3. Said section 172M of said chapter 6, as so appearing, is hereby further
13 amended by striking out, in lines 6 and 7, the words:- “and unmonitored contact with firearms,
14 shotguns or rifles” and inserting in place thereof the following words:- contact with firearms, as
15 defined in section 121 of said chapter 140.
16 SECTION 4. Section 5J of chapter 18 of the General Laws, as so appearing, is hereby
17 amended by striking out, in lines 9 to 11, inclusive, the words “firearms dealers licensed pursuant
18 to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of
19 said” and inserting in place thereof the following words:- persons licensed pursuant to section
20 125 of.
21 SECTION 5. Section 2LLL of chapter 29 of the General Laws, as so appearing, is hereby
22 amended by striking out, in lines 8 and 9, the words “fee assessed under sections 122, 122B,
23 129B, 131, 131A, 131F, and 131H” and inserting in place thereof the following words:- fees
24 assessed under section 123B for licenses and permits issued pursuant to sections 124 to 124C,
25 inclusive, 124E, 125 and 125B.
26 SECTION 6. Section 22F of chapter 40 of the General Laws, as so appearing, is hereby
27 amended by striking out, in line 17, the number “131N” and inserting in place thereof the
28 number:- 131H.
29 SECTION 7. Section 10B of chapter 66 of the General Laws, as so appearing, is hereby
30 amended by striking out, in lines 7 and 8, the following words:- , rifles, shotguns, machine guns.
31 SECTION 8. Said section 10B of said chapter 66, as so appearing, is hereby further
32 amended, in line 14, by inserting after the word “request” the following words:- provided,
33 however, that nothing in this section shall prohibit the transmission of data and other information
34 to the department of criminal justice information services and its use pursuant to section 122B of
35 chapter 140.
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36 SECTION 9. Section 26 of chapter 90B of the General Laws, as so appearing, is hereby
37 amended by striking out, in line 66, the words “rifle or shotgun” and inserting in place thereof
38 the following words:- as defined in section 121 of chapter 140,.
39 SECTION 10. Said section 26 of said chapter 90B, as so appearing, is hereby further
40 amended by striking out, in lines 68 to 69, inclusive, the words “such firearm, rifle or shotgun is
41 unloaded and in an enclosed case” and inserting in place thereof the following words:- such
42 person possesses the required firearms license or permit issued under sections 124 to 124B,
43 inclusive, of chapter 140 and carries such firearm in compliance with section 126B of chapter
44 140. Any violation of this subsection shall be penalized in accordance with section 126B of
45 chapter 140.
46 SECTION 11. Section 244 of chapter 111 of the General Laws, as so appearing, is hereby
47 amended by striking out, in line 48, the words “131R to 131Y” and inserting in place thereof the
48 following words:- 131 to 131H.
49 SECTION 11A. Chapter 118E of the General Laws, as appearing in the 2022 Official
50 Edition, is hereby amended by adding the following 2 sections:-
51 Section 83. (a) As used in this section, the following words shall, unless the context
52 clearly requires otherwise, have the following meanings:
53 “Community violence”, intentional acts of interpersonal violence committed in public
54 areas by individuals who are not family members or intimate partners of the victim.
55 “Community violence prevention and intervention services”, evidence-based, trauma-
56 informed, supportive and non-psychotherapeutic services provided by a certified violence
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57 prevention professional within or outside of a clinical setting, for the purpose of promoting
58 improved health outcomes and positive behavioral change, preventing injury recidivism and
59 reducing the likelihood that an individual who is a victim of community violence will commit or
60 promote community violence. “Community violence prevention services”, shall include, but
61 shall not be limited to, the provision of peer support and counseling, mentorship, conflict
62 mediation, crisis intervention, targeted case management, referrals to a certified violence
63 prevention professional, licensed health care professionals or social services providers, patient
64 education or screening services to victims of community violence.
65 “Interpersonal violence”, the intentional use of physical force or power against other
66 persons by an individual or small group of individuals.
67 “Prevention professional”, shall have the same meaning as described by the National
68 Uniform Claim Committee , or its successor, pursuant to NUCC Code Number 405300000X.
69 “Certified violence prevention professional”, a prevention professional certified pursuant
70 to subsections (c) and (d) of this section.
71 (b)(1) The secretary of health and human services shall amend the Medicaid state plan to
72 make community violence prevention services available, subject to federal law and approval, to
73 any Medicaid beneficiary who has: (A)(i) received medical treatment for an injury sustained as a
74 result of an act of community violence; or (ii) been referred by local or state police as being at
75 risk for engagement in community violence or a victim of community violence; and (B) been
76 referred by a certified or licensed health care provider or social services provider to receive
77 community violence prevention services from a certified violence prevention professional, after
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78 such provider determines such beneficiary to be at an elevated risk of a violent injury or
79 retaliation resulting from a subsequent act of community violence.
80 (2) The secretary of health and human services shall seek any federal approvals necessary
81 to implement this section, including, but not limited to, state plan amendments or federal waivers
82 by the federal Centers for Medicare and Medicaid Services. This subsection shall be
83 implemented only to the extent that federal financial participation is available, and any necessary
84 federal approvals have been obtained.
85 (3) The provisions of this subsection shall be implemented only to the extent permitted by
86 federal law.
87 (c) Any prevention professional seeking certification as a certified violence prevention
88 professional shall complete: (i) not less than 6 months of full-time equivalent experience in
89 providing community violence prevention services, (ii) complete a training and certification
90 program for certified violence prevention professionals, approved pursuant to subsection (d),
91 maintain such certification and complete any other requirements as established by the executive
92 office.
93 (d)(1) The executive office shall approve at least 1 training and certification program for
94 certified violence prevention professionals. Such program shall include:
95 (i) not less than 35 hours of initial training, collectively addressing all of the following:
96 (A) The profound effects of trauma and violence and the basis of trauma-informed care;
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 97 (B) national best practices regarding community violence prevention and intervention
98 strategies, including, but not limited to, methods to support long term behavioral change, conflict
99 mediation, retaliation prevention related to community violence;
100 (C) case management and advocacy practices; and
101 (D) patient privacy and the federal Health Insurance Portability and Accountability Act of
102 1996, P.L. 104-191, as amended, (JIPAA).
103 (ii) not less than 6 hours of continuing education every 2 years.
104 (e) Any entity that employs or contracts with a certified violence prevention professional
105 to provide community violence prevention services shall:
106 (i) maintain documentation that each certified violence prevention professional has met
107 all of the conditions described in subsections (c) and (d); and
108 (ii) Ensure that each certified violence prevention professional is providing community
109 violence prevention services in compliance with any applicable standards of care, rules,
110 regulations and state and federal law.
111 (f) No person, unless certified as a violence prevention professional pursuant to this
112 section, may use the title “certified violence prevention professional” or make use of any title,
113 words, letters, abbreviations or insignia indicating or implying that they are a certified violence
114 prevention professional.
115 (g) Nothing in this section shall alter the scope of practice for any health care
116 professional.
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117 SECTION 12. Section 35 of chapter 123 of the General Laws, as so appearing, is hereby
118 amended by striking out, in lines 114 and 115, the words “firearm identification card pursuant to
119 section 129B of chapter 140 or a license to carry pursuant to sections 131 and 131F” and
120 inserting in place thereof the following words:- firearms license or permit pursuant to sections
121 124 to 124B, inclusive,.
122 SECTION 13. Said section 35 of said chapter 123, as so appearing, is hereby further
123 amended by striking out, in line 122, the words “rifle or shotgun” and inserting in place thereof
124 the following words:- as defined in section 121 of chapter 140.
125 SECTION 14. Section 36C of said chapter 123 of the General Laws, as so appearing, is
126 hereby amended by striking out, in lines 8 and 9, the words “firearm identification card pursuant
127 to section 129B of chapter 140 or a license to carry pursuant to sections 131 and 131F of said
128 chapter” and inserting in place thereof the following words:- firearms license or permit pursuant
129 to sections 124 to 124B, inclusive, of chapter.
130 SECTION 15. Section 11 of chapter 131 of the General Laws, as so appearing, is hereby
131 amended by striking out, in lines 35 and 36, the words “one hundred and thirty-one H of chapter
132 one hundred and forty” and inserting in place thereof the following words:- 124B of chapter 140.
133 SECTION 16. Said chapter 131, as so appearing, is hereby further amended by striking
134 out section 62 and inserting in place thereof the following section:-
135 Section 62. A person, with a percentage, by weight, of alcohol in their blood of eight one-
136 hundredths or greater, or while under the influence of intoxicating liquor, or of marihuana,
137 narcotic drugs, depressant or stimulant substances, all as defined in section 1 of chapter 94C, or
138 who intentionally smells or inhales the fumes of any substance having the property of releasing
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139 toxic vapors in violation of section 18 of chapter 270, shall not hunt or carry a firearm, bow and
140 arrow or other weapon while engaged in hunting or target shooting. A violation of this section
141 shall be punished by a fine of not more than $5,000 or by imprisonment in the house of
142 correction for not more than 2 ½ years, or by both such fine and imprisonment.
143 SECTION 17. Section 90 of said chapter 131, as so appearing, is hereby amended by
144 striking out, in line 7, the figure “, 62”.
145 SECTION 18. Section 121 of chapter 140 of the General Laws, as so appearing, is hereby
146 amended by striking out, in line 1, the figure “131Y” and inserting in place thereof the following
147 figure:- 131H.
148 SECTION 19. Said section 121 of said chapter 140, as so appearing, is hereby further
149 amended by striking out the definition of “Ammunition” and inserting in place thereof the
150 following 3 definitions:-
151 “Additive manufacturing”, a process in which material is added to produce a product,
152 including, but not limited to 3-dimensional printing.
153 “Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant
154 powder designed for use in any firearm; provided, that “ammunition” shall also mean tear gas
155 cartridges.
156 “Antique firearm”, any firearm or replica thereof manufactured in or prior to the year
157 1899 if such firearm: (i) is not designed or redesigned for using rimfire or conventional centerfire
158 fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition that is no
159 longer manufactured in the United States and which is not readily available in the ordinary
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160 channels of commercial trade; provided, that “antique firearm” shall include any muzzle loading
161 rifle, shotgun or pistol that is designed to use black powder, or a black powder substitute, and
162 that cannot use fixed ammunition, unless the firearm: (i) incorporates a firearm frame or
163 receiver; (ii) is converted into a muzzle loading weapon; or (iii) is a muzzle loading weapon that
164 can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or
165 any combination thereof.
166 SECTION 20. Said section 121 of said chapter 140, as so appearing, is hereby further
167 amended by striking out the definition of “Assault weapon” and inserting in place thereof the
168 following 5 definitions:-
169 “Assault-style firearm”, any firearm which is:
170 (a) A semiautomatic, centerfire rifle with the capacity to accept a detachable feeding
171 device and includes any of the following features: (i) a folding or telescopic stock; (ii) a
172 thumbhole stock or pistol grip; (iii) a forward grip or second handgrip or protruding grip that can
173 be held by the non-trigger hand; (iv) a threaded barrel designed to accommodate a flash
174 suppressor or muzzle break or similar feature; or (v) a shroud that encircles either all or part of
175 the barrel designed to shield the bearer’s hand from heat, excluding a slide that encloses the
176 barrel.
177 (b) A semiautomatic pistol with the capacity to accept a detachable feeding device and
178 includes any of the following features: (i) the capacity to accept a feeding device that attaches to
179 the pistol outside of the pistol grip; (ii) a second handgrip or a protruding grip that can be held by
180 the non-trigger hand; (iii) a threaded barrel capable of accepting a flash suppressor, forward
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181 handgrip or silencer; or (iv) a shroud that encircles either all or part of the barrel designed to
182 shield the bearer’s hand from heat, excluding a slide that encloses the barrel.
183 (c) A semiautomatic shotgun with the capacity to accept a detachable feeding device and
184 includes any of the following features: (i) a folding or telescopic stock; (ii) a thumbhole stock or
185 pistol grip; or (iii) a protruding grip for the non-trigger hand.
186 (d) Any firearm listed on the assault-style firearm roster pursuant to section 128A.
187 (e) All of the following rifles:
188 (i) All AK types, including the following: AK, AK47, AK47S, AK-74, AKM, AKS,
189 ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR-47, SA85, SA93, Vector
190 Arms AK-47, VEPR, WASR-10 and WUM, IZHMASH Saiga AK, MAADI AK47 and ARM,
191 Norinco 56S, 56S2, 84S and 86S, Poly Technologies AK47 and AKS and SKS with a detachable
192 feeding device;
193 (ii) All AR types, including the following: AR-10, AR-15, Alexander Arms Overmatch
194 Plus 16, Armalite M15 22LR Carbine, Armalite M15-T, Barrett REC7, Beretta AR-70, Black
195 Rain Ordnance Recon Scout, Bushmaster ACR, Bushmaster Carbon 15, Bushmaster MOE
196 series, Bushmaster XM15, Chiappa Firearms MFour rifles, Colt Match Target rifles, CORE Rifle
197 Systems CORE15 rifles, Daniel Defense M4A1 rifles, Devil Dog Arms 15 Series rifles,
198 Diamondback DB15 rifles, DoubleStar AR rifles, DPMS Tactical rifles, DSA Inc. ZM-4
199 Carbine, Heckler & Koch MR556, High Standard HSA-15 rifles, Jesse James Nomad AR-15
200 rifles, Knight’s Armament SR-15, Lancer L15 rifles, MGI Hydra Series rifles, Mossberg MMR
201 Tactical rifles, Noreen Firearms BN 36 rifle, Olympic Ar