Massachusetts Governor Patrick’s office has released the text of An Act To Strengthen and Enhance Firearms Laws in the Commonwealth [Click here for the text of the bill. Click here for the Governor's Press Release touting the civilian disarmament package]. TTAG legal eagle Chris Dumm parsed the laws and provided the following bullet points. Make the jump for the key text change on magazine capacity.
– Seven round mag limit – Magazines are now limited to seven rounds. Current 10 round mags are grandfathered. Owners of so-called “pre-ban” Mass mags (magazines with more than 10-rounds which were allowable under existing law) have one year to ditch them
– One Gun A Month – Sales – Bay Staters may not purchase more than one firearm per month. To exceed that rate is a felony. (2.5 years in prison, $1000 fine)
- One Gun a Month – Rental/Lease – Citizens may not rent or lease more than one firearm a month (2.5 years in prison $1000 fine)
– Universal background checks – All firearms sales (including private sales) must be preceded by a NICS criminal background check
– Gun show registration – Gun shows must report every seller at a show to the Department of Criminal Justice Services and pay a $500 fee to same
– No Bail for Gun Offenders – If a gun is used in a violent crime the offender may be held without bail until trial
– NERF-free schools – Airguns, BB guns, paintball guns, air rifles and yes NERF guns may not be possessed on school property ($500 and a year in jail)
– “Rat Rule” – Any staff or administrators who fail to report a violation of the above law are criminals ($500 fine)
Chapter 140, Section 121 “Large capacity feeding device”, (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 Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31) as appearing in such section on September 13, 1994 containing more than seven rounds of ammunition; or (iii) obtained after the effective date of this act and capable of accepting, or that can be readily restored or converted to accept, more than seven rounds of ammunition.. 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.
Chapter 140, Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994; or (ii) a large capacity feeding device that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; or (iii) a large capacity feeding device that such person lawfully possessed before the effective date of this act that has a capacity of, or that can readily be restored or converted to accept, more than seven but no more than ten rounds of ammunition, where such device contains more than seven rounds of ammunition.” Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.
The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.