Summary:
SAFER Act: An Act to Sensibly Address Firearm Violence Through Effective Reform
Fact Sheet & Highlights
Thanks to robust gun laws and investment in gun violence prevention, Massachusetts already has one of the lowest rates of gunviolence in the nation. Senate bill S.2572, An act to sensibly address firearm violence through effective reform—the SAFER Act—buildson that strong foundation, updates state laws to reflect new technologies and trends, and makes the Commonwealth’s residents evensafer without infringing on the rights of lawful gun owners.
Ghost Guns
The term ‘ghost guns’ refers to privately made firearms that are not marked with an appropriate serial number and are thus hiddenfrom oversight and accountability. By making changes to our state’s definition of a firearm to better align with federal standards, andby ensuring accountability for those who hold the essential components to assemble a gun, this bill will make Massachusetts a leaderin its efforts to crack down on illegal gun possession.
The bill aligns the state’s definition of a firearm with the federal definition of a firearm. Currently, the state’s definition of a firearmonly applies to a fully assembled weapon that is capable of discharging a bullet. This means that if an individual without a license tocarry has all the components to develop 10 different guns, if those components are not fully assembled into guns, that individual isconsidered to be in possession of zero guns under state law. This bill makes clear that if someone is prohibited from possessing a fullyassembled firearm, they should also be prohibited from possessing the essential components of such a weapon.
This change is especially important in an age when privately made ‘ghost guns’ are becoming more common. These ‘ghost guns’ canbe made using ready-to-build gun kits or 3D-printed gun parts. Because they are not marked with a serial number, ‘ghost guns’ areimpossible to trace back to an individual purchaser when they are found at a crime scene. To address that, the bill would prohibit the3D-printing of weapons unless the person owns a license to manufacture firearms and require any kit-assembled guns by a licensedgun owner to be registered.
Glock Switches & Trigger Activators
The bill makes a notable change to ban the ownership of devices that are specifically designed to make semiautomatic weapons morefatal. These devices go by a variety of names—including ‘Glock switches,’ ‘selector switches,’ and ‘auto sears’—but their goal is thesame: to make a gun more dangerous by shooting more rapidly. This bill updates state law to ensure that ownership of these devicesis prohibited in the Commonwealth. These devices are frequently being used in mass shootings across the state, such as the shootingat the Boston Caribbean Festival last August that left eight people injured.
Red Flag Law & Extreme Risk Protection Orders
The bill enhances the state’s red flag law, which allows a court to order an individual to surrender their license to carry firearms alongwith any firearms they possess when an individual poses a risk of physically harming themselves or others. First, the bill allows a healthcare provider to file a petition for an extreme risk protection order (ERPO) related to a patient that they have provided health careservices to within the previous six months. Currently, only family members and police officers are able to file a petition for an ERPO.Second, the bill also makes a change by preemptively banning an individual subject to an ERPO from obtaining a license to carry forthe duration of the order. Under current law, an individual may only be subject to an ERPO if they already possess a license to carry.
Harassment Prevention Orders
This bill protects survivors of abuse and sexual harassment by preventing individuals who are subject to harassment prevention ordersfrom holding dangerous weapons. Currently, state law does not permit a court to order an individual to surrender their firearms if theyare subject to a harassment prevention order. This stands in contrast to state law surrounding abuse prevention orders, which explicitlypermits a court to order the surrender of firearms.
This gap in state law puts survivors of abuse and harassment at risk by allowing individuals who are subject to harassment preventionorders to continue to hold onto their weapons. This bill rectifies this problem by ensuring that in an instance when an individual subjectto a harassment prevention order demonstrates a “substantial likelihood of immediate danger of harassment,” a court must order thatindividual to surrender their firearms.
Inspections of Gun Dealers
Under current law, local licensing authorities are required to annually inspect gun dealers that they have licensed. There have beeninstances in the past when those inspections have not occurred however. This bill directs the Secretary of Public Safety and Security toprovide information to local law enforcement agencies on how to conduct those inspections, and to ensure that they are conductedon an annual basis. If a gun dealer is not inspected within the annual time frame, the bill directs the state police to conduct theinvestigation.
Gun Violence Prevention
The bill makes a number of changes to support gun violence prevention, with a focus on communities that have disproportionatelybeen affected by gun violence. First, the bill creates a commission to study sources of gun violence prevention funding in Massachusettsand to recommend improvements to reduce the disproportionate impact of gun violence in communities of color. Second, the billdirects the Department of Public Health to develop a pilot program to promote gun safety awareness and firearms licensing education.Third, the bill establishes a task force to review the available sources of federal funding for community violence prevention programs,and to make recommendations for maximizing federal funding in the most equitable way.
Assault Weapons
Massachusetts already has in place an assault weapons ban. The state law related to this ban is outdated, however, referring back to a federal law that has since been repealed. This bill will modernize state law by codifying the assault weapons ban as it is currently being interpreted by the Attorney General, to ensure that our residents are kept safe from these weapons of war.
Gun Industry Accountability in Advertising
This bill prohibits the marketing of unlawful firearm sales to minors and allows industry actors to be held civilly liable if such marketingpractices lead to an individual being harmed. Currently, gun industry actors are granted near-absolute immunity from civil litigation,making them one of the only industries to have such widespread liability protections. This bill would prohibit the gun industry frommarketing unlawful firearms sales to minors and allow an individual harmed as a result of such unlawful advertising to instigate a civilaction.
Firing at a Dwelling
Currently, there is no specific criminal charge for firing a weapon directly at a dwelling or a building in use. This bill creates a criminalcharge for such a violation, making clear that firing a weapon at a dwelling or other building in use, with the intent of hitting thatbuilding, is a serious criminal offense.
Sensitive Places
This bill codifies measures to prohibit the carrying of firearms in courthouses and state and municipal administrative buildings. The bill,however, carves out police officers from the prohibition, while also granting individual communities the ability to opt out and chooseto allow licensed gun owners to carry in their municipal government buildings.
Mental Health
This bill also makes changes to ensure that law enforcement agencies that issue licenses to carry firearms have the most up-to-dateinformation related to temporary involuntary mental health hospitalizations. Specifically, the bill requires a law enforcement agencythat is involved in the temporary involuntary hospitalization of an individual with a mental health condition to submit informationrelated to the incident to the Department of Criminal Justice Information Services, which maintains an inventory of informationrelevant to the firearms licensing process. The bill maintains strong protections to protect privacy, preventing the sharing of clinicalinformation and ensuring any information shared is used solely for the firearms licensing and sales process.
Data Collection
The bill requires more robust data reporting and analysis related to guns, to ensure that the Commonwealth identifies trends in gunviolence. The bill builds on existing reporting and requires new data related to guns, including gun sales transaction data and firearmstracing data for guns that were involved in crimes. This report must study the relationship between firearms purchases and violentcrimes and suicides, including whether there are specific gun dealers that are disproportionately more likely to have their guns beinvolved in violent crimes. In addition, the analysis must focus on whether a firearms license that was used to purchase a gun that laterwas used in a crime was also used to purchase or sell any other weapons. The information in this report is required to be made publiclyassessable in an aggregate, non-identifying format.
Emerging Firearm Technology
To ensure the Commonwealth’s laws remain up to date, the bill establishes a commission to study emerging firearm technology, witha particular focus on products and features that could increase safety, such as microstamping capabilities and personalized firearms.
AR-15's...
This bill will modernize state law by codifying the assault weapons ban as it is currently being interpreted by the Attorney General.
Pre Healey should be good to go!!!
Get those pweee bannnnzzz
What if I already own a gun that is a copy or duplicate?
If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault Weapon. The Enforcement notice will not be applied to possession, ownership or transfer by an individual gun owner of weapons obtained on or before July 20, 2016.
The AGO also will not enforce the law against a gun dealer that possesses or transfers a “copy or duplicate” weapon that was obtained on or before July 20, 2016, provided that transfers, if any, are made to persons or businesses in states where ownership of the weapon is legal.
www.mass.gov