(Gov.) Deval Patrick (D- Mass.): New gun laws needed to curb violence

Section 9E. Unlawful transfer

(a) It shall be unlawful to provide a firearm to a person known to be a prohibited person.

(b) It shall be unlawful to provide a firearm to any minor who is not a lawful holder of a firearms identification card, except that nothing shall prevent a parent or guardian from allowing any adult with a firearms identification card to supervise the minor’s use of a firearm for purposes of hunting, recreation, instruction, or participation in organized shooting competition. Nothing in this section shall be construed to prohibit an instructor from furnishing firearms or ammunition therefor to pupils; provided, however, that said instructor has the consent of a parent or guardian of a pupil under the age of eighteen years.

Any person violating (a) or (b) above shall be punished by fine of not less than $1,000 nor more than $10,000, or by imprisonment in a state prison for not more than ten years or by imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.

Section 9F. (A) Whoever falsely makes, alters, forges or counterfeits or procures or assists another to falsely make, alter, forge or counterfeit a firearm identification card, or whoever forges or without authority uses the signature, facsimile of the signature, or validating signature stamp of the local licensing agent or its designee, or whoever possesses, utters, publishes as true or in any way makes use of a falsely made, altered, forged or counterfeited a firearm identification card, shall be punished by imprisonment in a state prison for not more than two years, or by a fine of not less than five hundred dollars, or both such fine and imprisonment.

(B)Whoever knowingly manufactures for sale, offers for sale or sells a falsely made, altered, forged or counterfeit firearm identification card as described in paragraph (A) shall be punished by imprisonment in a state prison for not less than two years nor more than five years.

Section 9G. Unlawful intrastate commerce of firearms

(a) Whoever unlawfully transports firearms into the commonwealth to use said firearm for the commission of criminal activity shall be punished by a term of imprisonment of not less than five years nor more than ten years in the state prison.

(b) Whoever unlawfully transports firearms into the commonwealth to unlawfully distribute, sell, or transfer possession of any quantity of firearms to a prohibited person shall be punished by a term of imprisonment of not less than ten years nor more than twenty years in the state prison.

(c) Whoever unlawfully transports a firearm into the commonwealth to unlawfully distribute, sell, or transfer it to a prohibited person, and if such firearm is subsequently used to cause the death of another, shall be punished by a term of not less than twenty years in the state prison.

Any motor vehicle lawfully owned or operated by any person convicted under this section shall be forfeit in accordance with the provisions of section 24W of Chapter 90. All proceeds from the auction of said vehicle(s) shall be utilized to fund the Criminal Firearms and Trafficking Division.

SECTION 24. Chapter 269 of the General Laws is hereby amended by striking out Section 10E, in its entirety, and inserting in place thereof the following section:-

Section 10E. Whoever, except as provided by law, in a single transaction or occurrence or in a series of transactions within a twelve month period, knowingly or intentionally distributes, sells, or transfers possession of a quantity of firearms, machine guns, or any combination thereof, shall, if the quantity of firearms, machine guns, or any combination thereof is:

(1) Three or more, but less than ten, be punished by a term of imprisonment of not more than ten years in the state prison. No sentence imposed under the provisions of this paragraph shall be for less than a mandatory minimum term of imprisonment of three years and a fine of not more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(2) Ten or more, but less than twenty, be punished by a term of imprisonment of not more than ten years in the state prison. No sentence imposed under the provisions of this paragraph shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(3) Twenty or more, be punished by a term of imprisonment not less than ten years up to life imprisonment in the state prison. No sentence imposed under the provisions of this paragraph shall be for less than a mandatory minimum term of imprisonment of ten years and a fine of not more than one hundred and fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(4) Any person convicted under paragraphs (1), (2) or (3) having been found to have been in the possession of a firearm that has been reported stolen shall be punished by an additional imprisonment in the state prison for not less five years to be served consecutively.

A prosecution commenced under this section shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of said section shall not be reduced to less than the mandatory minimum term of imprisonment as established in said section, nor shall any sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory minimum term of imprisonment.

A person convicted of violating any provision of this section shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release, or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of corrections may, on the recommendation of the warden, superintendent, or other person in charge of the correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes: to attend the funeral of a relative, to visit a critically ill relative, or to obtain emergency medical or psychiatric services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person, seventeen years of age or over, charged with a violation of said sections, or to any child between the age of fourteen and seventeen, so charged, if the court is of the opinion that the interests of the public require that he shall be tried for such offense instead of being dealt with as a child.

Section 9H. Theft of a firearm, breaking and entering

(A) Whoever in the nighttime or the daytime breaks and enters a building, ship, vessel or vehicle to steal a firearm shall be subject to a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not less than one year nor more than five years or by both such fine and imprisonment.

(B) Whoever in the nighttime or the daytime breaks and enters a building, ship, vessel or vehicle to steal a firearm to distribute to a prohibited person shall be subject to a fine of not less than $10,000 or by imprisonment for not less than five years nor more than ten years or by both such fine and imprisonment.

(C) Whoever in the nighttime or the daytime breaks and enters a building, ship, vessel or vehicle to steal a firearm and in the process causes injury of another shall be subject to a fine of not less than $10,000 or by imprisonment for not less than five years nor more than ten years or by both such fine and imprisonment.

Section 9D. Prohibited Person in possession of a firearm.

(A) Whoever being a prohibited person is in possession of a firearm shall be subject to a fine of not less than $500 nor more than $5,000 or by imprisonment for not less than one year nor more than two years or by both such fine and imprisonment. A second or subsequent conviction shall be punished by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not less than one year nor more than five years or by both such fine and imprisonment.

(B) Whoever being a prohibited person is in possession of a firearm while in possession of a controlled substance as defined in section 1 of chapter 94C shall be punished by a fine of not less than $10,000 or by imprisonment for not less than two years nor more than ten years or by both such fine and imprisonment.

(C) Whoever being a prohibited person is in possession of a firearm while engaged in the trafficking of a controlled substance as defined in section 1 of chapter 94C shall be punished by a fine of not less than $10,000 or by imprisonment for not less than five years nor more than ten years or by both such fine and imprisonment.

(D) Whoever being a prohibited person is in possession of a firearm during the commission of a crime of violence shall be punished by a fine of not less than $10,000 or by imprisonment for not less than five years nor more than ten years or by both such fine and imprisonment.


Any motor vehicle lawfully owned or operated by any person convicted under this section shall be forfeit in accordance with the provisions of section 24W of Chapter 90. All proceeds from the auction of said vehicle(s) shall be utilized to fund the Criminal Firearms and Trafficking Division.

SECTION 23. Chapter 269 of the General Laws is hereby amended by striking out Section 10, in its entirety, and inserting in place thereof the following section:-

Section 10. (a) Whoever knowingly has in his possession, or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in Section 9A during the commission of a felony that is not an act of defense, shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years.

(b) Whoever, being a prohibited person as defined in Section 9A, knowingly has in his possession, or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in Section 9A during the commission of a felony, by shall be punished by imprisonment in the state prison for not less than five years nor more than ten years. The punishment for a second or subsequent offense shall be punished by imprisonment in the state prison for not less than ten years nor more than twenty years.

(c) Whoever, being a prohibited person as defined in Section 9A, and who is not legally within the United States, knowingly has in his possession, or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in Section 9A during the commission of a felony, by shall be punished by imprisonment in the state prison for not less than ten years nor more than twenty years.

(d) Whoever, being a prohibited person as defined in Section 9A, knowingly has in his possession, or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in Section 9A, while in the possession of a controlled substance as defined in chapter 94C with intent to distribute shall be punished by imprisonment in the state prison for not less than ten years nor more than twenty years.