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SENATE DOCKET, NO. 1311         FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1157

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Richard T. Moore

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying:

An Act prohibiting the confiscation of lawfully owned firearms during a state of emergency.

_______________

PETITION OF:

 

Name:

District/Address:

Richard T. Moore

Worcester and Norfolk

Angelo L. D'Emilia

8th Plymouth

Michael O. Moore

Second Worcester

Stephen L. DiNatale

3rd Worcester

Christine E. Canavan

10th Plymouth

Randy Hunt

5th Barnstable

George N. Peterson, Jr.

9th Worcester

Todd M. Smola

1st Hampden

Kimberly N. Ferguson

1st Worcester

John J. Binienda

17th Worcester

Matthew A. Beaton

11th Worcester

Michael R. Knapik

Second Hampden and Hampshire

Bruce E. Tarr

First Essex and Middlesex


SENATE DOCKET, NO. 1311        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1157

By Mr. Richard T. Moore, a petition (accompanied by bill, Senate, No. 1157) of Richard T. Moore, Angelo L. D'Emilia, Michael O. Moore, Stephen L. DiNatale and other members of the General Court for legislation to prohibit the confiscation of lawfully owned firearms during a state of emergency.  Public Safety and Homeland Security. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE
                                SENATE
                            , NO. 1223 OF 2011-2012.]


The Commonwealth of Massachusetts
 

 

An Act prohibiting the confiscation of lawfully owned firearms during a state of emergency.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1. Chapter 140 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following section:-

              Section 129E. No government official or any person acting on behalf of the commonwealth shall order the confiscation of, or otherwise cause the confiscation of, any lawfully carried or lawfully owned firearm, rifle, shotgun, machinegun or ammunition.

              No law enforcement officer, person acting as a law enforcement officer, or other public official shall confiscate or attempt to confiscate any lawfully carried or lawfully owned firearm, rifle, shotgun, machinegun or ammunition.

              Whoever violates the provisions of this section shall be subject to a civil fine of not less than $500 nor more than $5,000 for each firearm unlawfully confiscated or by imprisonment in a state prison for not more than two and one-half years.

              Nothing in this section shall prohibit the confiscation of a firearm, rifle, shotgun, machinegun or ammunition from any person who;

              (a) Has been placed under arrest;

              (b) Who is the subject of a protection order issued under chapter 209A;

              (c) Has had their firearm identification card or license to carry revoked or suspended.
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