(BOSTON 2/2/2024) — Yesterday, with bipartisan support, the Massachusetts Senate passed An Act to sensibly address firearm violence through effective reform – the SAFER Act – to increase firearm safety in the state without infringing on the rights of gun owners. Following a thorough debate amongst members on the Senate floor, the bill passed 37 to 3.
The omnibus legislation, S.2572, was introduced following extensive testimony at a November hearing of the Joint Committee on Public Safety and Homeland Security, where the public provided over four hours of testimony on more than 50 gun safety bills. Led by Majority Leader Cynthia Stone Creem, the bill’s passage follows months of discussions which included stakeholders and advocates with diverse perspectives on the issue.
The bill’s provisions would help make residents safer – and ultimately save lives – by building on the Commonwealth’s already strong record on gun safety and updating laws to prevent those who wish to do harm from being able to access and use deadly weapons. It would reform and modernize the state’s firearm laws, support the state’s public safety and public health infrastructure in mitigating gun violence, and strengthen accountability and oversight mechanisms for illegal gun activity. That includes elevated penalties for the use of firearms against police officers and for violations of parole related to firearm crimes.
“Massachusetts has a long legacy of common-sense gun safety laws – laws that have resulted in the Commonwealth having one of the lowest gun death rate in the nation,” said Senator Michael Moore (D-Millbury). “I’m pleased that the Senate is acting to update these regulations and react to the rapidly changing modern landscape of firearm availability, modifiable accessories, and technological advancements. I’m also proud of the three amendments I made to this bill with the support of my colleagues that will help make sure we can protect our communities from gun violence without infringing the right to bear arms for law-abiding gun owners.”
During debate, three of Senator Moore’s amendments were approved by the Senate:
Amendment 2 aligns the definition of a ‘silencer’ with the federal definition, broadening Massachusetts’ silencer ban to include devices that are sold for the sole purpose of being easily modified into firearm silencers. These devices are often marketed as things such as fuel filters and solvent traps. This amendment was passed with the support of Massachusetts Attorney General Andrea Joy Campbell.
Amendment 3 establishes a task force to study the addition of live-fire training as part of the process to obtain a license to carry a firearm. This task force, made up of government leaders, law enforcement officials, gun safety advocates, and second amendment activists, would study and make recommendations for the implementation of live-fire training, including on cost, firearm types, firearm instructor credentials, and insurance. The task force would issue a report by August of 2025.
Amendment 5 creates a commission to study the feasibility of establishing a ballistics and forensics gun laboratory for the use and benefit of regional law enforcement.
The legislation focuses on common sense policies to reduce gun crime and gun injuries in the Commonwealth and updates the state’s laws to provide law enforcement agencies with the necessary support to tackle today’s concerns relating to gun violence prevention, keeping Massachusetts at the forefront of gun safety.
The bill includes the following gun safety policies:
Ghost Guns. Updates the state’s laws to bring Massachusetts in line with national standards and to ensure accountability and oversight for those who own and possess unserialized and untraceable firearms.
Assault Weapons. Codifies Massachusetts’ existing prohibition on assault weapons and copies or duplicates of those weapons, to ensure that our residents are kept safe from weapons of war. An amendment, co-sponsored by Senator Moore, established grandfather protections for firearms purchased legally before the implementation of this bill, which will protect law abiding gun owners from inappropriate prosecution.
Glock Switches and Trigger Activators. Makes it illegal to possess devices that convert semi-automatic firearms into fully automatic machine guns.
Inspections of Gun Dealers. Ensures that gun dealers are inspected annually and allows the Massachusetts State Police to conduct those inspections if a local licensing agency does not or cannot do so.
Red Flag Law and Extreme Risk Protection Orders (ERPO). To address concerns about the role mental health crises, the bill allows health care professionals to petition courts to remove firearms and licenses from patients who pose a risk to themselves or others. The bill also allows preemptive orders to prevent a dangerous individual from obtaining a license to carry a firearm.
Harassment Prevention Orders. Protects survivors of harassment by requiring courts to compel the surrender of firearms by individuals who are subject to harassment protection orders who pose an immediate threat.
Sensitive Places. Prohibits the carry of firearms in government administrative buildings, with exceptions for law enforcement officers and municipalities that choose to opt out.
Mental Health and Gun Licensing. Ensures that firearm licensing authorities have access to certain information about an applicant’s history of involuntary mental health hospitalizations due to posing a serious harm—with appropriate safeguards to guarantee privacy and due process.
Data Collection. Creates a more robust data reporting and analysis mechanism for guns used in crimes, suicides, and attempted suicides to ensure that the Commonwealth can better target training and enforcement efforts.
Gun Industry Accountability in Advertising. Prohibits the marketing of unlawful firearm sales to minors and allows industry actors to be held civilly liable if such marketing practices lead to an individual being harmed.
Firing at a Dwelling. Creates a criminal charge for intentionally firing a firearm at a dwelling or other building in use.
Community Violence Prevention. Creates a commission to analyze the allocation of state violence prevention funding and recommend changes to reduce gun violence in disproportionately impacted communities; develops a pilot program to promote gun safety awareness and firearms licensing education; and establishes a task force to make recommendations for maximizing federal funding for gun violence prevention in the most equitable way.
Emerging Firearm Technology. Establishes a commission to study emerging firearm technology, with a particular focus on products and features that could increase safety.
The Senate’s bill garnered support from the Attorney General of Massachusetts, gun violence prevention advocates, District Attorneys, and the Massachusetts Chiefs of Police Association.
During debate, the Senate adopted several other amendments related to the legislation, including:
Providing more access to the Department of Public Health of gun crime data to ensure gun violence is treated as the public health issue it is.
Creating a commission to better understand data around gun violence to help get to the root of gun violence crimes.
Providing information on suicide prevention to individuals taking firearm safety and hunter safety courses.
Creating a voluntary do-not-sell firearm database to allow individuals who worry they are a threat to themselves or others to voluntarily exclude themselves from having the ability to purchase firearms.
Updating existing law to require that individuals who have been charged with an unlawful gun offense or violent crime be detained until trial if they are released following a hearing and commit a new unlawful gun offense or violent crime in violation of their bail conditions.
Creating a new penalty for intentionally discharging a firearm at a law enforcement officer.
Protecting lawfully owned weapons, normally subject to Massachusetts’ assault weapons ban, that were previously purchased before the 2016 Enforcement Notice
Having been passed by both the Senate and the House, the branches will now reconcile differences between the versions.
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