Governor Healey Signs Gun Safety Legislation Cracking
Down on Ghost Guns, Strengthening Violence Prevention
BOSTON – Governor Maura T. Healey today signed into
law An Act Modernizing Firearms Laws (H.4885), the
state’s most significant gun safety legislation in a decade. The bill was
passed by the Legislature as a result of the Supreme Court’s decision in New
York State Rifle & Pistol Association v. Bruen, which sought to weaken
states’ ability to protect their residents through gun safety laws.
The bill signed today modernizes Massachusetts’ existing
firearms laws to address issues such as untraceable “ghost guns” and 3-D
printed guns, enhance the “Red Flag Law,” further protect safety in public
spaces and increase violence prevention programming in the state. As Attorney
General, Governor Healey was a strong advocate for stricter regulation of ghost guns and 3-D guns.
“Massachusetts is proud of our strong gun laws, but there is
always more work to be done to keep our communities safe from violence. This
legislation updates our firearms laws in response to the Supreme Court’s
misguided Bruen decision,” said Governor Healey. “It cracks down
on ghost guns and 3-D printed weapons, which I have long advocated for,
enhances our ability to prevent guns from falling into dangerous hands, and
invests in our communities to address the root causes of violence. This law
will save lives, and I’m grateful to the Legislature and gun safety advocates
for their hard work to see this through.”
“Gun technology and trends are constantly evolving, and it’s
important that our laws evolve along with them,” said Lieutenant Governor
Kim Driscoll. “This law will make our communities safer by preventing
violence in the first place and improving law enforcement’s ability to respond
to gun crimes.”
“As a former prosecutor, I have experienced firsthand the
devastating impacts of gun violence on victims, families, and communities.
Untraceable firearms like ghost guns and 3-D printed weapons pose a tremendous
risk to public safety, and our laws must evolve to stop the proliferation of
these dangerous weapons,” said Public Safety and Security Secretary Terrence
Reidy. “This new legislation strengthens our ability to combat gun
violence, hold violent offenders accountable, and enhance community safety. The
law also advances Massachusetts’ position as a national leader in strong and
effective gun laws.”
The legislation cracks down on ghost guns, which are
homemade weapons that do not have a serial number and thus are untraceable, and
3-D guns, which are made with a 3-D printer. The legislation enhances the
firearms statute to combat ghost guns by requiring the Department of Criminal
Justice Information Services (DCJIS) to develop and maintain a real time
electronic firearms registration system and requiring that all firearms
manufactured or assembled in Massachusetts be registered. It also requires all
firearms to be serialized and registered and prohibits unlicensed individuals
from using 3-D printers to manufacture firearms. The legislation also adds new
language criminalizing the creation, sale or transfer of untraceable firearms
and imposes a sentence of 1 – 1.5 years.
The legislation also strengthens the state’s “Extreme Risk
Protective Order” (ERPO) statute, or “Red Flag Law,” and takes additional steps
to prevent guns from falling into the wrong hands. It clarifies that, under the
Red Flag Law, a person who has had their firearm license revoked cannot obtain
any new firearm licenses or identification cards while the ERPO is still in
place. It also expands who can seek an ERPO to include licensing
authorities, law enforcement agencies, and health care providers, in addition
to a family or household member.
To better protect Massachusetts communities from dangerous
weapons, the legislation updates the state’s assault weapons ban by expanding
the definition of “assault weapons” to include known assault weapons and other
weapons that function like them with respect to certain features. It also
prohibits possession, transfer, or sale of “assault-style” firearms or a large
capacity feeding devices. Additionally, the legislation prohibits the issuance
of a license to carry a machine gun except for firearms instructors and bona
fide collectors and criminalizes the possession of parts that are intended to
make weapons more lethal by adding them to the machine gun statute. This
includes automatic parts, bump stocks, rapid-fire trigger activators, and
trigger modifiers. The legislation also seeks to further enhance safety in
public spaces by criminalizing possession of a firearm in government buildings,
courts, and election/polling areas.
Understanding that early intervention and community
programming can be effective in stopping gun violence before it happens, the
legislation creates a Violence Prevention Federal Reinvestment Trust Fund
operated by the Executive Office of Health and Human Services that will fund
violence prevention and intervention services.
The legislation also takes significant action to update the
state’s firearm registration, licensing and possession laws, as well as
enhancing firearm data collection, analysis and publication.
Governor Healey plans to hold a ceremonial signing of the
bill next week.
