1998/99 Updated
Massachusetts Firearms Law
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MASSACHUSETTS HOUSE OF REPRESENTATIVES OVERVIEW AND POLICY OF GUN CONTROL LEGISLATION

Note: This document has been prepared by Representative Paul Casey, Chairman of the Committee on Public Safety.

Title: An Act Relative to Gun Control in the Commonwealth

Overview of Conference Report (enacted as Chapter 180 of the laws of 1998)

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Section 48. Commercial Storage and 209A Surrender Orders: This section authorizes any law enforcement officer who confiscates a weapon, in accordance to a surrender order issued under Chapter 209A, to place said weapon into a bonded warehouse.

Section 49. Surrender Orders: This section amends the current law by continuing a surrender order, if the return of any weapon would constitute a likelihood of abuse to the plaintiff. The suspension or surrender order shall remain in effect as long as the restraining order remains in effect. Violation of this section shall be fined by $5000 or by imprisonment of not more than 2 ½ years in HOC; or both.

Section 50. Armed Robbery with Firearm: Enhances the penalties for use of a gun in the commission of an armed robbery:

Not less than 5 years for first offense; Not less than 15 years for second offense.

Section 51 - 52. Assault on Elderly with a Gun: These sections enhance the possible sentence for assault on a person 60 years or older with intent to rob or murder.

First offense: Not less than 10 years;
Second offense: Not less than 20 years.

Section 53. Assault with a Deadly Weapon: This section provides that where the dangerous weapon used is a gun, punishment shall be not less than five years, nor more than 20 years.

Sections 54-55. Assault in a Dwelling Using a Gun: This section provides that were a dangerous weapon used in the commission of this crime (c.265 Section 18A) is a gun, the penalty shall be not less than 10 years, without the possibility of parole.

Section 56. Use of Firearm in Commission of Felony—Penalties: Amends section 18B of chapter 265 which imposes penalties for the use of a firearm in the commission of a felony. The section increases the penalty for using a firearm, rifle, shotgun or machine gun while committing or attempting to commit a felony from the current 2 years, to five years for a fist offense. If said firearm rifle or shotgun is a large capacity then the punishment shall be not less than 10 years. The section also creates a mandatory minimum sentence for a second or subsequent offense under this section to 20 years (from 5). If, however, the second or subsequent offense is committed with a large capacity firearm, rifle or shotgun then the punishment shall be not less than 25 years.

Section 57. Home Invasion Using a Gun: Enhances the possible sentence for conviction under c.265 § 18C, where the dangerous weapon used is a gun up to 20 years, with 10 years being a mandatory minimum sentence.

Section 58. Grand Theft Auto Using a Gun: Enhances the possible sentence for conviction under c.265 § 21A, where the dangerous weapon used is a gun to not less than 5 years.

Section 59. Rape Using a Gun: Enhances the possible sentence for conviction under c.269 § 22, where the dangerous weapon used is a gun to not less than 10 years for a first offense, and between 15 years to life for a second offense.

Section 60. Rape of Child With a Gun: Enhances the possible sentence for conviction under c.265 § 22A, where the dangerous weapon used is a gun to 10 years to life for a first offense, and 20 years to life for a second offense.

Section 61. Assault with Intent to Commit Rape Using a Gun: Enhances the possible sen-tence for conviction under c.265 § 24B, where the dangerous weapon used is a gun to 5 years to life for a second offense.

Section 62. Assault of a Child with Intent to Commit Rape: Enhances the possible sentence

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for conviction under c.265 § 24, where the dangerous weapon used is a gun to 10 years to life for a first offense, and 15 years to life for a second offense.

Section 63. Kidnapping Using a Gun: Enhances the possible sentence for conviction under c.265 § 26, where the dangerous weapon used is a gun to up to 10 years for a first offense, or not less than 20 years when done with the intent to extort money or other valuable. Causing serious bodily injury or committing sexual assault during the commission of such crime carries a sentence of not less than 25 years.

Section 64. A&B for Intimidation Using a Gun: Enhances the possible sentence for conviction under c.266 § 14, where the dangerous weapon used is a gun to up a term of 15 years to life for a first offense, and 20 years to life for a subsequent offense.

Section 65. Burglary with Assault Using a Gun: Enhances the possible sentence for convic-tion under c.266 § 14, where the dangerous weapon used is a gun to up a term of 15 years to life for a first offense, and 20 years to life for a subsequent offense.

Section 66-67.Breaking & Entering Using a Gun: Enhances the possible sentence for convic-tion under c.266 § 14, where the dangerous weapon used is a gun to not less than five years in prison.

Section 68. Sawed-Off Shotguns—Ban; Penalties under Bartley-Fox: Bans possession of Sawed-Off Shotguns by striking out the exemption for those with an LTC under 269:10(c). Possession punishable under 269:10(a): 1-5 yrs. (1 yr. mandatory minimum). Section 69. Weapons—Unlawful Possession; Penalties under Bartley-Fox: removes provi-sion from G.L., c. 269 10(h) that prevents unlawful possession charge from being considered “lesser included offense” of unlawful possession in one’s home.

Section 70. Violation of G.L. 269. 10 (Bartley-Fox): Creates new subsection within Bartley-Fox (269 § 10(m)) with enhanced penalties for anyone who is in his possession, or under his control in a vehicle, a Large Capacity Rifle, Shotgun or feeding device but does not possess a Class “A” or “B” LTC; such person shall be punished by imprisonment for 2 ½ -10 years (1 yr. mandatory mini-mum). Anyone who holds a valid FID card shall not be subject to the mandatory-minimum sentence under chapter 269.

Section 71. Adds new sections to chapter 269:

Section 10F. (a). Sale or Transfer of Large Capacity Weapons or Large Ca-pacity Feeding Devices. Prohibits sale, keeping or exposing for sale or transfer of any Large Capacity Weapon or Large Capacity feeding device to one who is over the age of 18, except as lawfully allowed. Imposes a punishment of imprisonment in a state prison for not less than 2 ½ years but not more than 10 years for a first offense. Any subsequent violation of this section shall be subject to punish-ment of no less than five, nor more than 15 years. The minimum sentences set forth are mandatory minimum sentences and shall not be reduced or suspended.

(b). Transfer, Sale or Lending of Large Capacity Weapons to a Person Under the Age of 18. Creates a general prohibition on any person who transfers, sells, lends or gives a large capacity weapon or large capacity feeding device to a per-son under the age of 18. Imposes a punishment of imprisonment in a state prison for not less than 5 nor more than 15 years. The 5 year minimum is a mandatory minimum sentence. Any person over the age of 17 charged with violating this subsection shall not be eligible for probation as provided in section 87 of chapter 276.

Section 10G. The Armed Career Criminal Act. Establishes enhanced penal-ties for persons who violate sections 10(a), (c) or (h) of chap. 269, relative to

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unlawful carrying of weapons, and who have been previously convicted of a “violent crime” or “serious drug offense” for not less than three nor more than 15 years. If said felon has two previous felony convictions the punishment shall be imprisonment in a state prison for not less than 10 nor more than 15 years. If said felon has three previous felony convictions the punishment shall be imprisonment in a state prison for not less than 15 nor more than 20 years. Any person over the age of 17 charged with violating this subsection shall not be eligible for probation as provided by section 87 of chapter 276.

The minimum sentences set forth in this section are mandatory minimum sentences.

“Serious drug offense” is defined for purposes of this section as offense under Federal controlled substances acts.

Section 10H Carrying a Loaded Weapon Under the Influence of Alcohol or Drugs: Procedures; Penalties. Creates a general prohibition for anyone to carry a loaded firearm while under the influence of intoxicating Liquor or drugs. Any person convicted of a violation of this section shall be punished by imprisonment for a period not more than 2 ½ years, or by a fine of not more than $5,000, or both.

Section 72. Carrying a Loaded/Unloaded Rifle or Shotgun on a Public Way:

(a). This section prohibits the carrying of a loaded Rifle or Shotgun on a public way unless the person is engaged in hunting and holds a hunting license issued under G.L., c.131 § 51. Violation of this section carries a $500 - $5000 fine or imprisonment of not more than 2 ½ years. If said weapon is a Large Capacity Weapon and the person, simultaneously, possesses a large capacity feeding device, said person shall be fined $1000-$10,000 or imprisonment of 1-10 years, or both.

(b). This section also prohibits any person from carrying on a public way an unloaded rifle or shotgun, unless said person is hunting or holds a license issued under G.L., c. 131, 51, or the weapon is enclosed in a gun case. Violation of this section carries a $100-$1,000 fine. If said weapon is a Large Capacity Weapon and the person simultaneously possesses a Large Capacity feeding device the penalties shall be the same as (a.). Any person in violation of (a) or (b) may be arrested without a warrant.

Section 73. Expiration and Renewal of All FID Cards Firearm Licenses: This section sets forth a staggered schedule according to which all valid FIDs and LTCs issued prior to the effective date of the act shall expire according to the birth date of each holder. The expiration period is staggered over a period of one year to allow for the examination of license renewals as well as data entry and current recordkeeping. Notice of expiration shall be provided to the holders by the most effective means possible (e.g. through the registry of motor vehicles).

The fee for such a surrendered LTC will be prorated by deducting $5 for each remaining year of life on the LTC, although such license shall be renewed for not less than $30. Moreover, the licensing authority shall receive no less than 50% from such fees with the remainder going to the Firearms Record Keeping Fund.

Any lawful owner of a Large Capacity Rifle, Shotgun or feeding device, before the effective date of this act, shall apply for a Class “A” or “B” LTC. Unless the applicant is disqualified under the section, said FID shall be issued, provided that the Large Capacity Weapons so owned were ac-quired prior to the date of passage of this act. If a Class “A” or “B” LTC is not issued, all Large Capacity Rifles, Shotguns or feeding devices shall be surrendered in accordance with MGL c.140 § 129D. Any person who acquires these same weapons after the effective date of this act must hold a Class “A” and “B” LTC.

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Any lawful owner of a Rifle, Shotgun, ammunition or feeding device, that is not a Large Capacity Rifle, Shotgun or Large Capacity Feeding Device, on the effective date of this act, shall apply for an FID. If said FID is not issued then all Rifles, Shotguns and ammunition and ammunition feeding devices must be surrendered in accordance with MGL c.140 § 129D.

Any lawful owner of a Large Capacity Firearm feeding device, on the effective date of this Act, shall apply for a Class “A” LTC. Unless applicant is disqualified, under this section, said LTC shall be issued, provided that the Large Capacity Weapons so owned were acquired prior to the date of passage of this Act. If, said LTC is not issued then all Firearms, ammunition and feeding devices shall be surrendered in accordance with MGL c. 140 § 129D.

Any lawful owner of a firearm or feeding device, that is not a Large Capacity Firearm or Large Capacity Feeding Device, on the effective date of this Act, shall apply for a Class “B” LTC. Unless applicant is disqualified, said LTC shall be issued. If applicant is disqualified then all firearms, ammunition and feeding devices shall be surrendered in accordance with MGL c. 140 § 129D.

Any lawful owner of a firearm or feeding device acquired with a PTP, shall apply for an FID. If either FID is issued then the permit holder shall be entitled to retain possession of said firearm or feeding device. If FID is not issued then the permit holder shall surrender all firearms, ammunition and feeding devices in accordance with MGL c.140 § 129D.

Any person who owns or possesses any weapon after the effective date of this act must posses the proper type of license. The Secretary of Public Safety and the Executive Director of the criminal History Systems Board shall promulgate rules and regulations necessary to implement the provi-sions of this act.

Section 74. Appointment of Gun Advisory Board: Requires that the Governor appoint the initial members of the advisory board established in section 41, supra, within 30 days of the effec-tive date of the act.

Section 75. Funding for Firearms Record Keeping System: Requires EOPS to expend $250,000 for the training and implementation of the firearms information system. Section 76. Study: This section requires EOPS to conduct a study of crime statistics relative to violent crimes and crimes involving firearms within the Commonwealth.

Section 77. Gun Dealers—Conditions; Computer Equipment: Makes effective the requirement of gun dealers to send sales records to CHSB via modem or on-line link on 9/1/99.

Section 78. Gun Dealers—Business Address Requirement: This section provides a grace period to September 1, 1999, for gun dealers to comply with the business address requirement.

Section 79. Saturday Night Specials—Grandfathering: Allows any such weapon lawfully owned under any Massachusetts license (LTC, FID (purchased w/PTP), or Dealer’s license) to be owned, possessed and transferred freely. Purpose is to deter illegal transfers to unlicensed buyers.

Section 80. “Grandfather” Provision—Persons Under 21: Allows persons 18-20 yrs. Old who currently own Firearms or Large Capacity Rifles or Shotguns (for all of which the amended licensing provisions require minimum age of 21) to keep them, but such person cannot purchase any weapons for which an LTC or PTP or is required.

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CPS, INC. BREAKDOWN

FIREARMS DEFINITIONS

Chapter 140 § 121 of the General Laws is hereby amended. As used in sections 122 to 131P, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun. The term “ammunition” shall also mean tear gas cartridges, chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate.

“Assault weapon”, shall have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30), and shall include, but not be limited to, any of the weapons, or copies or duplicates of the weap-ons, of any caliber, known as:

(i) Avtomat Kalashnikov (AK) (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR and FNC;
(vi) SWD M-10, M-11, M-1 1/9 and M-12; (vi) Steyr AUG;
(vii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(viii) revolving cylinder shotguns, such as, or similar to, the Street Sweeper and Striker 12

provided, however, that the term assault weapon shall not include:

(i) any of the weapons, or replicas or duplicates of such weapons, specified in appendix A to 18 U.S.C. section 922, as such weapons were manufactured on October 1, 1993;
(ii) any weapon that is operated by manual bolt, pump, lever or slide action;
(iii) any weapon that has been rendered permanently inoperable or otherwise rendered perma-nently unable to be designated a semiautomatic assault weapon;
(iv) any weapon that was manufactured prior to the year 1899;
(v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable assault weapon;
(vi) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; or
(vii) any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine

“Conviction”, a finding or verdict of guilt or a plea of guilty, whether or not final sentence is imposed. “Firearm”, a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is:

(i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or
(ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors

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“Gunsmith”, any person who engages in the business of repairing, altering, cleaning, polishing, engraving, blueing or performing any mechanical operation on any firearm, rifle, shotgun or machine gun.

“Imitation firearm”, any weapon which is designed, manufactured or altered in such a way as to render it incapable of discharging a shot or bullet. “Large capacity feeding device”, includes:

(i) a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells; or
(ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recre-ational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31).

NOTE: The term “large capacity feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber ammunition.

“Large capacity weapon”, any firearm, rifle or shotgun:

(i) that is semiautomatic with a fixed large capacity feeding device;
(ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detach-able large capacity feeding device;
(iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm and more than five shotgun shells in the case of a shotgun or firearm; or
(iv) that is an assault weapon

The term “large capacity weapon” shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, rifle or shotgun and shall not include:

(i) any weapon that was manufactured in or prior to the year 1899;
(ii) any weapon that operates by manual bolt, pump, lever or slide action; (iii) any weapon that is a single-shot weapon;
(iv) any weapon that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity weapon; or
(v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity weapon.

“Length of barrel” or “barrel length”, that portion of a firearm, rifle, shotgun or machine gun through which a shot or bullet is driven, guided or stabilized and shall include the chamber.

“Licensing authority”, the chief of police or the board or officer having control of the police in a city or town, or persons authorized by them.

“Machine gun”, a weapon of any description, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged by one continuous activation of the trigger, including a submachine gun.

“Purchase” and “sale” shall include exchange; the word “purchaser” shall include exchanger; and the verbs “sell” and “purchase”, in their different forms and tenses, shall include the verb exchange in its appropriate form and tense.

“Rifle”, a weapon having a rifled bore with a barrel length equal to or greater than 16 inches and

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capable of discharging a shot or bullet for each pull of the trigger.

“Sawed-off shotgun”, any weapon made from a shotgun, whether by alteration, modification or otherwise, if such weapon as modified has one or more barrels less than 18 inches in length or as modified has an overall length of less than 26 inches.

“Semiautomatic”, capable of utilizing a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and requiring a separate pull of the trigger to fire each cartridge.

“Shotgun”, a weapon having a smooth bore with a barrel length equal to or greater than 18 inches with an overall length equal to or greater than 26 inches, and capable of discharging a shot or bullet for each pull of the trigger.

“Violent crime”, shall mean:

any crime punishable by imprisonment for a term exceeding one year, or
any act of juvenile delinquency involving the use or possession of a deadly weapon that would be punishable by imprisonment for such term if committed by an adult, that:

(i) has as an element the use, attempted use or threatened use of physical force or a deadly weapon against the person of another;
(ii) is burglary, extortion, arson or kidnapping;
(iii) involves the use of explosives; or
(iv) otherwise involves conduct that presents a serious risk of physical injury to another

“Weapon”, any rifle, shotgun or firearm.

Where the local licensing authority has the power to issue licenses or cards under this chapter, but no such licensing authority exists, any resident or applicant may apply for such license or firearm identification card directly to the colonel of state police and said colonel shall for this purpose be the licensing authority.

The provisions of sections 122 to 129D, inclusive, and sections 131, 131A, 131B and 131E shall not apply to:

(A) any firearm, rifle or shotgun including any firearm, rifle or shotgun with matchlock, flintlock, percussion cap or similar type of ignition system manufactured in or prior to the year 1899; (B) any replica or any firearm, rifle or shotgun described in clause (A) if such replica:

(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
and

(C) manufacturers or wholesalers of firearms, rifles, shotguns or machine guns

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BREAKDOWN—FIREARMS IDENTIFICATION CARDS

Chapter 140 § 129B is now amended to read:

CONDITIONS, RESTRICTIONS & EXCEPTIONS

A firearm identification card shall be issued and possessed subject to the following conditions and restrictions:

(1) Any person residing or having a place of business within the jurisdiction of the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority an application for a firearm identification card, or renewal of the same, which the licensing authority shall issue, unless the applicant:

(i) has ever, in a court of the commonwealth, been convicted or adjudicated a youthful offender or delinquent child, both as defined in section 52 of chapter 119, for the commission of:

(a) a felony;
(b) a misdemeanor punishable by imprisonment for more than two years;
(c) a violent crime as defined in section 121;
(d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or
(e) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C including, but not limited to, a violation under said chapter 94C

IMPORTANT EXCEPTIONS: Except for the commission of a violent crime or a crime involving the trafficking of controlled substances—

if the applicant has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever is last occurring, not less than five years immediately preceding such ap-plication, such applicant’s right or ability to possess a non-large capacity rifle or shotgun shall be deemed restored in the commonwealth with respect to such conviction or adjudication and such conviction or adjudication shall not disqualify such applicant for a firearm identification card

The Definition of youthful offender is as follows:

“Youthful offender”, a person who is subject to an adult or juvenile sentence for having committed, while between the ages of fourteen and seventeen, an offense against a law of the commonwealth which, if he were an adult, would be punish-able by imprisonment in the state prison, and

(a) has previously been committed to the department of youth services, or
(b) has committed an offense which involves the infliction or threat of serious bodily harm in violation of law, or
(c) has committed a violation of paragraph (a)[unlawful carrying], (c) [unlawful possession of a machine gun or unlawful posession of a sawed-off shot-gun] or (d) [second or subsequent offense of c. 269 § 10 (a), (b) or (c)] of section ten or section ten E of chapter two hundred and sixty-nine [trafficking in firearms]; provided that, nothing in this clause shall allow for less than the impo-sition of the mandatory commitment periods provided in section fifty-eight of chapter one hundred and nineteen.

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The Definition of delinquent child is as follows:

“Delinquent Child”, a child between seven and seventeen who violates any city ordinance or town by-law of who commits any offense against a law of the com-monwealth.

(ii) has, in any other state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of:

(a) a felony;
(b) a misdemeanor punishable by imprisonment for more than two years;
(c) a violent crime as defined in section 121;
(d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or
(e) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C;

IMPORTANT EXCEPTIONS: Except for the commission of a violent crime or a crime involving the trafficking of weapons or controlled substances—

if the applicant has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever is last occurring, not less than five years immediately preceding such application, and such applicant’s right or ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the subject conviction or adjudi-cation was entered, such conviction or adjudication shall not disqualify such applicant for a firearm identification card;

(iii) has been confined to any hospital or institution for mental illness

Exemption: Unless the applicant submits with his application an affidavit of a reg-istered physician attesting that such physician is familiar with the applicant’s mental illness and that in such physician’s opinion the applicant is not disabled by such an illness in a manner that should prevent the applicant from possessing a firearm, rifle or shotgun;

(iv) is or has been under treatment for or confinement for drug addiction or habitual drunkenness,

Exemption: Unless such applicant is deemed to be cured of such condition by a licensed physician, in which case he may make application for such card after the expiration of five years from the date of such confinement or treatment and upon presentation of an affidavit issued by such physician to the effect that such physician knows the applicant’s history of treatment and that in such physician’s opinion the applicant is deemed cured;

(v) is at the time of the application less than 15 years of age;
(vi) is at the time of the application more than 15 but less than 18 years of age, unless the applicant submits with his application a certificate of his parent or guardian granting the applicant permis-sion to apply for a card; (viii) is currently subject to:
(a) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction; or
(b) a permanent or temporary protection order issued pursuant to chapter 209A or a similar order issued by another jurisdiction; or

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(ix) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction

THE INVESTIGATION OF THE APPLICANT

(2) Within seven days of the receipt of a completed application for a card, the licensing authority shall forward one copy of the application and one copy of the applicant’s fingerprints to the colonel of state police, who shall, within 30 days, advise the licensing authority, in writing, of any disqualifying criminal record of the applicant arising from within or without the commonwealth and whether there is reason to believe that the applicant is disqualified for any of the foregoing reasons from possessing a card; provided, however, that the taking of fingerprints shall not be required in issuing the renewal of a card if the renewal applicant’s fingerprints are on file with the department of state police.

FILES TO BE USED IN THER SEARCH: In searching for any disqualifying history of the applicant, the colonel shall utilize, or cause to be utilized, files main-tained by the department of mental health, department of probation and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to, the National Instant Criminal Background Check System.
NO VIOLATION OF STATE OR FEDERAL LAWS CERTIFIED: If the information available to the colonel does not indicate that the possession of a nonlarge capacity rifle or shotgun by the applicant would be in violation of state or federal law, he shall certify such fact, in writing, to the licensing authority within such 30 day period.

NO OTHER CONDITIONS CAN BE PRESCRIBED FOR AN FID

(3) The licensing authority may not prescribe any other condition for the issuance of a firearm identification card and shall, within 30 days from the date of application, either approve the application and issue the license or deny the application and notify the applicant of the reason for such denial in writing; provided, however, that no such card shall be issued unless the colonel has certified, in writing, that the information available to him does not indicate that the possession of a rifle or shotgun by the applicant would be in violation of state or federal law.

REVOCATION OR SUSPENSION OF THE FID

(4) A firearm identification card shall be revoked or suspended by the licensing authority or his designee upon the occurrence of any event that would have disqualified the holder from being issued such card or from having such card renewed or for a violation of a restriction provided under this section.

WRITTEN NOTIFICATION: Any revocation or suspension of a card shall be in writing and shall state the reasons therefor.
CARD AND RECEIPT TO BE TAKEN: Upon revocation or suspension, the licensing authority shall take possession of such card and receipt for fee paid for such card, and the person whose card is so revoked or suspended shall take all action required under the provisions of section 129D.
APPEALS: No appeal or postjudgment motion shall operate to stay such revoca-tion or suspension.
EXECUTIVE DIRECTOR NOTIFICATION: Notices of revocation and suspension shall be forwarded to the executive director of the criminal history systems board and the commissioner of probation and shall be included in the criminal justice information system.
REINSTATEMENT: A revoked or suspended card may be reinstated only upon the termination of all disqualifying conditions.

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APPEAL WITHIN 90 DAYS

(5) Any applicant or holder aggrieved by a denial, revocation or suspension of a firearm identification card, unless a hearing has previously been held pursuant to chapter 209A, may, within either 90 days after receipt of notice of such denial, revocation or suspension or within 90 days after the expiration of the time limit in which the licensing authority is required to respond to the applicant, file a petition to obtain judicial review in the district court having jurisdiction in the city or town wherein the applicant filed for or was issued such card. A justice of such court, after a hearing, may direct that a card be issued or reinstated to the petitioner if the justice finds that such petitioner is not prohibited by law from possessing such card.

WEAPONS EXCLUDED FROM POSSESSION WITH THE FID

(6) A firearm identification card shall not entitle a holder thereof to possess:

(i) a large capacity firearm or large capacity feeding device therefor, except under a Class A license issued to a shooting club as provided under section 131 or under the direct supervision of a holder of a Class A license issued to an individual under section 131 at an incorporated shooting club or licensed shooting range; or
(ii) a nonlarge capacity firearm or large capacity rifle or shotgun or large capacity feeding device therefor, except under a Class A license issued to a shooting club as provided under section 131 or under the direct supervision of a holder of a Class A or Class B license issued to an individual under section 131 at an incorporated shooting club or licensed shooting range. A firearm identi-fication card shall not entitle a holder thereof to possess any rifle or shotgun that is, or in such manner that is, otherwise prohibited by law.

PURCHASE OF CHEMICAL MACE: A firearm identification card shall be valid for the purpose of purchasing and possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate. Except as otherwise provided herein, a firearm identification card shall not be valid for the use, possession, ownership, transfer, purchase, sale, lease, rental or transportation of a rifle or shotgun if such rifle or shotgun is a large capacity weapon as defined in section 121.

FORM OF THE NEW FID

(7) A firearm identification card shall be in a standard form provided by the executive director of the criminal history systems board and shall contain an identification number, name, address, photograph, fingerprint, place and date of birth, height, weight, hair color, eye color and signature of the cardholder and shall be marked “Firearm Identification Card”.

FID FOR CARRYING MACE ONLY: If a firearm identification card is issued for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate, such card shall clearly state that such card is valid for such limited purpose only.

PAINS AND PENALTIES OF PERJURY: The application for such card shall be made in a standard form provided by the executive director of the criminal history systems board which shall require the applicant to affirmatively state, under the pains and penalties of perjury, that he is not disqualified on any of the grounds enumerated in clauses (i) to (ix), inclusive, from being issued such card.

APPLICATION KNOWINGLY FILED WITH FALSE INFOMATION

(8) Any person who knowingly files an application containing false information shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months

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nor more than two years in a house of correction, or by both such fine and imprisonment.

LENGTH OF VALIDITY OF THE NEW FID

(9) A firearm identification card shall be valid, unless revoked or suspended, for a period of not more than four years from the date of issue and shall expire on the anniversary of the cardholder’s date of birth occurring not less than three years but not more than four years from the date of issue. Any renewal thereof shall expire on the anniversary of the cardholder’s date of birth occurring not less than three years but not more than four years from the effective date of such card. Any card issued to an applicant born on February 29 shall expire on March 1.

NOTICE OF EXPIRATION: The executive director of the criminal history systems board shall send by first class mail to the holder of each such firearm identification card, a notice of the expiration of such card not less than 90 days prior to such expiration, and shall enclose therein a form for the renewal of such card. The executive director of the criminal history systems board shall include in his notice all pertinent information relative to the penalties that may be imposed in the event that such firearm identification card is not renewed within the 90 days prior to expiration.
FEE: The fee for such application shall be $25, which fee shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain one-half of such fee and the remaining portion shall be deposited into the Firearms Record Keeping Fund established under section 2SS of chapter 29; provided, however, that any renewal applicant for a firearm identification card issued for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate shall not be subject to such application fee.

OVER AGE 70—EXEMPTIONS

(10) Any person over the age of 70 shall be exempt from the requirement of paying a renewal fee for a firearm identification card.

CHANGE OF ADDRESS

(11) A cardholder shall notify, in writing, the licensing authority that issued such card, the chief of police into whose jurisdiction such cardholder moves and the executive director of the criminal history systems board of any change of address.

CERTIFIED MAIL: Such notification shall be made by certified mail within 30 days of its occurrence.
REVOCATION: Failure to so notify shall be cause for revocation or suspension of such card.

INAPPLICABILITY OF C. 269 § 10 WHERE FID MERELY EXPIRES (CIVIL)

(12) Notwithstanding the provisions of section 10 of chapter 269, any person in possession of a nonlarge capacity rifle or shotgun whose firearm identification card issued under this section is invalid for the sole reason that it has expired, but who shall not be disqualified from renewal upon application therefor under this section, shall be subject to a civil fine of not less than $500 nor more than $5,000 and the provisions of said section 10 of said chapter 269 shall not apply; provided, however, that the exemption from the provisions of said section 10 of said chapter 269 provided herein shall not apply if:

(i) such firearm identification card has been revoked or suspended, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section;
(ii) revocation or suspension of such firearm identification card is pending, unless such revocation

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or suspension was caused by failure to give notice of a change of address as required under this section; or
(iii) an application for renewal of such firearm identification card has been denied

CONFISCATION WEAPONS AND CARD: Any law enforcement officer who discovers a person to be in possession of a rifle or shotgun after such person’s firearm identification card has expired or has been revoked or suspended solely for failure to give notice of a change of address shall confiscate any rifle or shotgun and such expired or suspended card then in possession, and such officer shall forward such card to the licensing authority by whom it was issued as soon as practicable. Any confiscated weapon shall be returned to the owner upon the renewal or reinstatement of such expired or suspended card within one year of such confiscation or such weapon may be otherwise disposed of in accordance with the provisions of section 129D.
SUBSTITUTION OF CARD: Pending the issuance of a renewed firearm identification card, a receipt for the fee paid, after five days following issuance, shall serve as a valid substitute and any rifle or shotgun so confiscated shall be returned, unless the applicant is disqualified. LTC IN EFFECT: The provisions of this paragraph shall not apply if such person has a valid license to carry firearms issued under section 131 or 131F.

APPROVAL OF FID TO BE FORWARDED TO EXECUTIVE DIRECTOR

(13) Upon issuance of a firearm identification card under this section, the licensing authority shall forward a copy of such approved application and card to the executive director of the criminal history systems board, who shall inform the licensing authority forthwith of the existence of any disqualifying condition discovered or occurring subsequent to the issuance of a firearm identification card under this section.

OVERALL PROHIBITIONS

(14) Nothing in this section shall authorize the purchase, possession or transfer of any weapon, ammunition or feeding device that is, or in such manner that is, prohibited by state or federal law.

PUBLIC SAFETY—CMRs

(15) The secretary of the executive office of public safety, or his designee, may promulgate regula-tions to carry out the purposes of this section.

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BREAKDOWNs—ADDITIONAL LEGISLATION

Chapter 140 § 129C has amended clause (j) with the following clause:

(j) Any new resident moving into the commonwealth, any resident of the commonwealth returning after having been absent from the commonwealth for not less than 180 consecutive days or any resident of the commonwealth upon being released from active service with any of the armed services of the United States with respect to any firearm, rifle or shotgun and any ammunition therefor then in his possession, for 60 days after such release, return or entry into the commonwealth;.

Chapter 140 § 129C is hereby further amended by inserting the following paragraph:

“Nothing in this section shall permit the sale or transfer of any large capacity rifle or shotgun or large capacity feeding device therefor to any person not in possession of a Class A or Class B license to carry firearms issued under section 131, or of any large capacity firearm or large capacity feeding device therefor to any person not in possession of a Class A license to carry firearms issued under section 131.”

Chapter 140 § 129C is hereby further amended by inserting the following:

“and, the possession of a firearm identification card issued under section 129B shall not entitle any person to possess any large capacity rifle or shotgun or large capacity feeding device therefor in viola-tion of subsection (m) of said section 10 of said chapter 269.”

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BREAKDOWN LICENSES TO CARRY: CLASS A & CLASS B

Chapter 140 § 131 is hereby amended by the following:

CONDITIONS AND RESTRICTION FOR LTC (CLASS A & CLASS B LTC)

All licenses to carry firearms shall be designated Class A or Class B, and the issuance and posses-sion of any such license shall be subject to the following conditions and restrictions:

(a) A Class A license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry:

(i) firearms, including large capacity firearms, and feeding devices and ammunition therefor, for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority deems proper; and
(ii) rifles and shotguns, including large capacity weapons, and feeding devices and ammunition therefor, for all lawful purposes; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as it deems proper.
VIOLATION OF RESTRICTIONS: A violation of a restriction imposed by the licensing authority under the provisions of this paragraph shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000; provided, however, that the provisions of section 10 of chapter 269 shall not apply to such violation.

CLASS A LTC FOR SHOOTING GALLERY AND RANGES

The colonel of state police may, after an investigation, grant a Class A license to a club or facility with an on-site shooting range or gallery, which club is incorporated under the laws of the common-wealth for the possession, storage and use of large capacity weapons, ammunition therefor and large capacity feeding devices for use with such weapons on the premises of such club;

FURTHER LIMITATIONS: The above is permissible, provided, however,

a) that not less than one shareholder of such club shall be qualified and suitable to be issued such license; and provided further,
b) that such large capacity weapons and ammunition feeding devices may be used under such Class A club license only :

i) by such members that possess a valid firearm identification card issued under section 129B or a valid Class A or Class B license to carry firearms, or
ii) by such other persons that the club permits while under the direct supervision of a certified firearms safety instructor or iii) club member who, in the case of a large capacity firearm, possesses a valid Class A license to carry firearms or, in the case of a large capacity rifle or shotgun, possesses a valid Class A or Class B license to carry firearms

NO SHOOTING AT HUMAN TARGETS: Such club shall not permit shooting at targets that depict human figures, human effigies, human silhouettes or any human images thereof, except by public safety personnel performing in line with their official duties.

CERTAIN WEAPONS NOT TO BE REMOVED: No large capacity weapon or

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large capacity feeding device shall be removed from the premises except for the purposes of:

(i) transferring such firearm or feeding device to a licensed dealer;
(ii) transporting such firearm or feeding device to a licensed gunsmith for repair;
(iii) target, trap or skeet shooting on the premises of another club incorporated under the laws of the commonwealth and for transporting thereto;
(iv) attending an exhibition or educational project or event that is sponsored by, conducted under the supervision of or approved by a public law enforcement agency or a nationally or state recognized entity that promotes proficiency in or education about semiautomatic weapons and for transporting thereto and therefrom;
(v) hunting in accordance with the provisions of chapter 131; or
(vi) surrendering such firearm or feeding device under the provisions of section 129D.

CERTAIN WEAPONS TO BE SECURED: Any large capacity weapon or large capacity feeding device kept on the premises of a lawfully incorporated shooting club shall, when not in use, be secured in a locked container, and shall be unloaded during any lawful transport.
ANNUAL REPORT TO THE COLONEL & EXECUTIVE DIRECTOR: The clerk or other corporate officer of such club shall annually file a report with the colonel of state police and the executive director of the criminal history systems board listing all large capacity weapons and large capacity feeding devices owned or possessed under such license.
ADMINISTRATIVE INSPECTION OF THE CLUB: The colonel of state police or his designee, shall have the right to inspect all firearms owned or possessed by such club upon request during regular business hours and said colonel may revoke or suspend a club license for a violation of any provision of this chapter or chapter 269 relative to the ownership, use or possession of large capacity weapons or large capacity feeding devices.

CLASS B LTC—CONDITIONS AND RESTRICTIONS

(b) A Class B license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry:

(i) non-large capacity firearms and feeding devices and ammunition therefor, for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of such firearm as the licensing authority deems proper

NO CONCEALED WEAPON: A Class B license shall not entitle the holder thereof to carry or possess a loaded firearm in a concealed manner in any public way or place
NO LARGE CAPACITY FIREARMS: A Class B license shall not entitle the holder thereof to possess a large capacity firearm, except:

i) under a Class A club license issued under this section or ii) under the direct supervision of a holder of a valid Class A license at an incorporated shooting club or licensed shooting range

(ii) rifles and shotguns, including large capacity rifles and shotguns, and feeding devices and ammunition therefor, for all lawful purposes; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as he deems proper.

VIOLATION OF RESTRICTIONS: A violation of a restriction provided under

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this paragraph, or a restriction imposed by the licensing authority under the provisions of this paragraph, shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000; provided, however, that the provisions of section 10 of chapter 269 shall not apply to such violation.

CLASS B LTC NOT VALID FOR CERTAIN TRANSACTIONS: A Class B license shall not be a valid license for the purpose of complying with any provision under this chapter governing the purchase, sale, lease, rental or transfer of any weapon or ammunition feeding device if such weapon is a large capacity firearm or if such ammunition feeding device is a large capacity feeding device for use with a large capacity firearm, both as defined in section 121.

ADDITIONAL USES FOR CLASS A AND CLASS B LTC

(c) Either a Class A or Class B license shall be valid for the purpose of:

i) owning, possessing, purchasing and transferring non-large capacity rifles and shotguns, and
ii) purchasing and possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate, consistent with the entitlements conferred by a firearm identification card issued under section 129B

APPLICATION SUBMISSION TO LOCAL LICENSING AUTHORITY (CLASS A & B)

(d) Any person residing or having a place of business within the jurisdiction of the licensing author-ity or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority an application for a Class A or Class B license to carry firearms, or renewal of the same, which the licensing authority may issue:

if it appears that the applicant is a suitable person to be issued such license, and
i) that the applicant has good reason to fear injury to his person or property, or
ii) for any other reason, including the carrying of firearms for use in sport or target practice only, subject to such restrictions expressed or authorized under this section, unless the applicant

(i) has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of:

(a) a felony;
(b) a misdemeanor punishable by imprisonment for more than two years;
(c) a violent crime as defined in section 121;
(d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of impris-onment may be imposed; or
(e) a violation of any law regulating the use, possession or sale of controlled substances as defined in section 1 of chapter 94C

The Definition of youthful offender is as follows:

“Youthful offender”, a person who is subject to an adult or juvenile sentence for having committed, while between the ages of fourteen and seventeen, an offense against a law of the commonwealth which, if he were an adult, would be punish-able by imprisonment in the state prison, and

(a) has previously been committed to the department of youth services, or (b) has committed an offense which involves the infliction or threat of serious

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bodily harm in violation of law, or
(c) has committed a violation of paragraph (a)[unlawful carrying], (c) [unlawful possession of a machine gun or unlawful posession of a sawed-off shotgun] or (d) [second or subsequent offense of c. 269 § 10 (a), (b) or (c)] of section ten or section ten E of chapter two hundred and sixty-nine [trafficking in firearms]; provided that, nothing in this clause shall allow for less than the imposition of the mandatory commitment periods provided in section fifty-eight of chapter one hundred and nineteen.

The Definition of delinquent child is as follows:

“Delinquent Child”, a child between seven and seventeen who violates any city ordinance or town bylaw of who commits any offense against a law of the commonwealth.

(ii) has been confined to any hospital or institution for mental illness

Note: Unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant’s mental illness and that in such physician’s opinion the applicant is not disabled by such an illness in a manner that should prevent such applicant from possessing a firearm

(iii) is or has been under treatment for or confinement for drug addiction or habitual drunkenness

Note: Unless such applicant is deemed to be cured of such condition by a licensed physician, and such applicant may make application for such license after the expiration of five years from the date of such confinement or treatment and upon presentment of an affidavit issued by such physician stating that such physician knows the applicant’s history of treatment and that in such physician’s opinion the appli-cant is deemed cured;

(iv) is at the time of the application less than 21 years of age;
(v) is an alien;
(vi) is currently subject to:

(A) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction; or
(B) a permanent or temporary protection order issued pursuant to chapter 209A or a similar order issued by another jurisdiction; or

(vii) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction

COMPLETING THE APPLICATION PROCESS

(e) Within seven days of the receipt of a completed application for a license to carry or possess firearms, or renewal of same, the licensing authority shall forward one copy of the application and one copy of the applicant’s fingerprints to the colonel of state police, who shall within 30 days advise the licensing authority, in writing, of any disqualifying criminal record of the applicant aris-ing from within or without the commonwealth and whether there is reason to believe that the appli-cant is disqualified for any of the foregoing reasons from possessing a license to carry or possess firearms.

CERTAIN FILES TO BE USED: In searching for any disqualifying history of the applicant, the colonel shall utilize, or cause to be utilized, files maintained by the department of probation and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to, the National Instant Criminal Background Check System. The colonel shall inquire of

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the commissioner of the department of mental health relative to whether the applicant is disqualified from being so licensed.
NO VIOLATION OF STATE OR FEDERAL LAWS CERTIFIED: If the information available to the colonel does not indicate that the possession of a firearm or large capacity firearm by the applicant would be in violation of state or federal law, he shall certify such fact, in writing, to the licensing authority within said 30 day period.

The licensing authority may also make inquiries concerning the applicant to:

(i) the executive director of the criminal history systems board relative to any disqualifying condition and records of purchases, sales, rentals, leases and transfers of weapons or ammunition concerning the applicant;
(ii) the commissioner of probation relative to any record contained within the department of probation or the statewide domestic violence record keeping system concerning the applicant; and
(iii) the commissioner of the department of mental health relative to whether the applicant is a suitable person to possess firearms or is not a suitable person to possess firearms. The director or commissioner to whom the licensing authority makes such inquiry shall provide prompt and full cooperation for that purpose in any investigation of the applicant.

40 DAY RULE TO APPROVE OR REJECT: The licensing authority shall, within 40 days from the date of application, either approve the application and issue the license or deny the application and notify the applicant of the reason for such denial in writing

NOTE: No such license shall be issued unless the colonel has certified, in writing, that the information available to him does not indicate that the possession of a firearm or large capacity firearm by the applicant would be in violation of state or federal law.

REVOCATION OR SUSPENSION

(f) A license issued under this section shall be revoked or suspended by the licensing authority, or his designee, upon the occurrence of any event that would have disqualified the holder from being issued such license or from having such license renewed.

NON-SUITABILITY REVOCATION: A license may be revoked or suspended by the licensing authority if it appears that the holder is no longer a suitable person to possess such license.
WRITTEN NOTIFICATION: Any revocation or suspension of a license shall be in writing and shall state the reasons therefor.
TAKING POSSESSION OF LTC: Upon revocation or suspension, the licensing authority shall take possession of such license and the person whose license is so revoked or suspended shall take all actions required under the provisions of section 129D.
APPEALS: No appeal or post-judgment motion shall operate to stay such revoca-tion or suspension.
NOTIFICATIONS TO EXECUTIVE DIRECTOR AND PROBATION: Notices of revocation and suspension shall be forwarded to the executive director of the criminal history systems board and the commissioner of probation and shall be included in the criminal justice information system.
REINSTATEMENT: A revoked or suspended license may be reinstated only upon the termination of all disqualifying conditions, if any.

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APPEAL WITHIN 90 DAYS

Any applicant or holder aggrieved by a denial, revocation or suspension of a license, unless a hearing has previously been held pursuant to chapter 209A, may, within either 90 days after receiving notice of such denial, revocation or suspension or within 90 days after the expiration of the time limit during which the licensing authority is required to respond to the applicant, file a petition to obtain judicial review in the district court having jurisdiction in the city or town wherein the applicant filed for, or was issued, such license. A justice of such court, after a hearing, may direct that a license be issued or reinstated to the petitioner if such justice finds that there was no reasonable ground for denying, suspending or revoking such license and that the petitioner is not prohibited by law from possessing same.

FORM OF NEW LTC

(g) A license shall be in a standard form provided by the executive director of the criminal history systems board and shall contain a license number which shall clearly indicate whether such number identifies a Class A or Class B license, the name, address, photograph, fingerprint, place and date of birth, height, weight, hair color, eye color and signature of the licensee. Such license shall be marked “License to Carry Firearms” and shall clearly indicate whether the license is Class A or Class B. The application for such license shall be made in a standard form provided by the executive director of the criminal history systems board, which form shall require the applicant to affirmatively state under the pains and penalties of perjury that such applicant is not disqualified on any of the grounds enumerated above from being issued such license.

KNOWINGLY FILING FALSE INFORMATION

(h) Any person who knowingly files an application containing false information shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than two years in a house of correction, or by both such fine and imprisonment.

EXPIRATION OF THE LTC

(i) A license to carry or possess firearms shall be valid, unless revoked or suspended, for a period of not more than four years from the date of issue and shall expire on the anniversary of the licensee’s date of birth occurring not less than three years but not more than four years from the date of issue. Any renewal thereof shall expire on the anniversary of the licensee’s date of birth occurring not less than three years but not more than four years from the effective date of such license. Any license issued to an applicant born on February 29 shall expire on March 1. The fee for such application shall be $25, which fee shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial; provided, however, that the licensing authority shall retain one-half of such fee and the remaining portion shall be deposited into the Firearms Record Keeping Fund established under section 2SS of chapter 29.

NOTE: Any person over the age of 70 shall be exempt from the requirement of paying a renewal fee for a Class A or Class B license to carry.

NO LTC REQUIRED FOR SIGNALING OR MARKING DEVICES

(j) No license shall be required for the carrying or possession of a firearm known as a detonator and commonly used on vehicles as a signaling and marking device, when carried or possessed for such signaling or marking purposes.

UNLAWFUL ISSUANCE OF LTC

(k) Whoever knowingly issues a license in violation of this section shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than two years in a jail or house of correction, or by both such fine and imprisonment.

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NOTIFICATION OF EXPIRATION BY EXECUTIVE DIRECTOR—FIRST CLASS MAIL

(l) The executive director of the criminal history systems board shall send by first class mail to the holder of each such license to carry firearms, a notice of the expiration of such license not less than 90 days prior to such expiration and shall enclose therein a form for the renewal of such license. The taking of fingerprints shall not be required in issuing the renewal of a license if the renewal applicant’s fingerprints are on file with the department of the state police.

WRITTEN NOTICE OF ADDRESS CHANGE: Any licensee shall notify, in writing, the licensing authority who issued said license, the chief of police into whose jurisdiction the licensee moves and the executive director of the criminal history systems board of any change of address.
CERTIFIED MAIL: Such notification shall be made by certified mail within 30 days of its occurrence. CAUSE FOR REVOCATION: Failure to so notify shall be cause for revocation or suspension of said license.

INAPPLICABILITY OF C. 269 § 10 WHERE LTC MERELY EXPIRES (CIVIL)

(m) Notwithstanding the provisions of section 10 of chapter 269, any person in possession of a firearm, rifle or shotgun whose license issued under this section is invalid for the sole reason that it has expired, but who shall not be disqualified from renewal upon application therefor under this section, shall be subject to a civil fine of not less than $500 nor more than $5,000 and the provisions of section 10 of chapter 269 shall not apply if:

(i) such license has been revoked or suspended, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section;
(ii) revocation or suspension of such license is pending, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section; or
(iii) an application for renewal of such license has been denied.

CONFISCATION: Any law enforcement officer who discovers a person to be in possession of a firearm, rifle or shotgun after such person’s license has expired, has been revoked or suspended, solely for failure to give notice of a change of address, shall confiscate such firearm, rifle or shotgun and the expired or suspended license then in possession and such officer, shall forward such license to the licensing au-thority by whom it was issued as soon as practicable. Any confiscated weapon shall be returned to the owner upon the renewal or reinstatement of such expired or suspended license within one year of such confiscation or may be otherwise disposed of in accordance with the provisions of section 129D. The provisions of this para-graph shall not apply if such person has a valid license to carry firearms issued under section 131F.

COPY OF APPROVAL SENT TO EXECUTIVE DIRECTOR

(n) Upon issuance of a license to carry or possess firearms under this section, the licensing authority shall forward a copy of such approved application and license to the executive director of the criminal history systems board, who shall inform the licensing authority forthwith of the existence of any disqualifying condition discovered or occurring subsequent to the issuance of a license under this section.

LICENSE TO CARRY MACHINE GUN

(o) No person shall be issued a license to carry or possess a machine gun in the commonwealth, except that a licensing authority may issue a machine gun license to:

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(i) a firearm instructor certified by the criminal justice training council for the sole purpose of firearm instruction to police personnel;
(ii) a bona fide collector of firearms upon application or upon application for renewal of such license.

EXECUTIVE DIRECTOR PROMULGATION OF RULES

(p) The executive director of the criminal history systems board shall promulgate regulations in accordance with chapter 30A to establish criteria for persons who shall be classified as bona fide collectors of firearms.

VIOLATIONS OF STATE OR FEDERAL LAWS

(q) Nothing in this section shall authorize the purchase, possession or transfer of any weapon, ammunition or feeding device that is, or in such manner that is, prohibited by state or federal law.

EXECUTIVE OFFICE OF PUBLIC SAFETY PROMULGATING CMRs

(r) The secretary of the executive office of public safety or his designee may promulgate regulations to carry out the purposes of this section.

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