New Legislative Session Brings Potential New Changes to Gun Laws in Massachusetts

Gun control legislation has always been a hot button issue, and the start of the 2023-2024 legislative session proves no different. Massachusetts, a state with relatively strict gun laws, has begun to see the biggest push for gun control by state legislatures in years, likely impacted by the Democrats gaining control of the government. In just two weeks, we have seen 19 bills involving gun control filled by several different members of the state legislature, with more likely to come. Of these 19 bills, 15 of them have been refiled from the prior legislative cycle. The majority of these bills have been sponsored by Representative David Linsky (D Middlesex 5), who has filed 10 of the 19 gun control bills, 8 of which are refiles. The bills span a wide range of gun-related subjects but the most salient were bills surrounding illegal manufacturing and possession, gun ownership requirements, and restrictions on large capacity weapons. 

Many of these refiled bills are ones that garnered much attention in the last legislative cycle but were not passed for various reasons. One of the most important of these refiles is HD352, filed last year as HB4869, An Act relative to 3D printed Guns and Ghost Guns. ‘Ghost’ refers to the fact that these guns are untraceable and unserialized as often it is the instructions for assembly (by 3-D printing) not the gun itself that is sold, and without a background check. Individual unfinished parts of guns can also be sold, as they are unregulated federally so long as they are not finished. The aim of this bill is to outlaw the manufacturing and sale of these 3-D printed and ‘ghost’ guns which have strategically avoided state and federal regulations. 

Another important refile is SD278, An Act to Prevent Illegal Trafficking and Gun Violence Among Youth in the Commonwealth, filed in both the House (HB2635) and Senate (SB942) last year. This bill limits the number of firearms that a dealer can sell to any one person to 15 during a 1 year period. This bill also makes it illegal for a person to purchase more than 15 firearms during a 1 year period. The filing of SD278 this legislative cycle, makes this the second time that the bill has been refiled as it was first filed in the 2019-2020 legislative session.

Also introduced in this session is HD562 An Act Relative to Firearm Industry Accountability and Gun Violence Victims’ Access to Justice. This act would establish a firearm industry standard of responsible conduct and the ability to bring civil action if one is harmed due to a violation of the standard. The standard involves sale regulations to avoid downstream distributors, regulations to reduce illegal weapons or sale, as well as prohibiting the manufacturing and sale of ‘abnormally dangerous’ products to civilians. The bill further provides a list of products that are classified as such. This bill aims to reduce the prevalence of illegal guns, a common theme throughout most bills introduced in this session, as well as to provide an easier legal pathway for those harmed. 

Another new bill to be on the look-out for this session is HD534 An Act Authorizing the Voluntary Disavowal of Eligibility to Purchase a Firearm which establishes the protocol to allow for those suffering from depression to voluntarily disavow their eligibility to purchase firearms. This protocol would allow the commissioner of the Department of Criminal Justice information services to establish and publish a list of those who disavow their eligibility to purchase a firearm by submitting a voluntary form in which they relinquish their ability to buy guns. The government would be required to distribute this form to hospitals as well as directing clinicians to offer this list to patients that voluntarily present themselves and who appear to be suffering from depression. This bill also authorizes the revocation of the licenses of gun dealers for selling a firearm to anyone on the list. 

Oftentimes, despite the importance of these bills, as well as the support many of them received, it was not enough to get them signed into law. Many of these refiles were referred to various committees or accompanied study orders during the last legislative session. Most of these bills that are refiles received very little attention by the legislature and were mostly pushed to the side. However, Democrats gaining control of the government gives hope to advocates that the legislature will pass some of its biggest gun control laws in years

As the ‘23-’24 session picks up, tracking all these bills may seem overwhelming. Instatrac makes this easy with refile comparisons, bill summaries, and daily action alerts. Never miss a blog post - and stay on top of what’s happening on Beacon Hill! Follow us onTwitter,Linkedin, orInstagram.