Question 9: Firearms Regulation

The question on the ballot

Do you approve of a law summarized below, which was approved by the House of Representatives on July 18, 2024 by a vote of 124 to 33, and approved by the Senate on July 18, 2024 by a vote of 35 to 5? Firearms Regulation: This law makes a number of changes to Massachusetts laws governing firearms. The law adds school administrators and licensed healthcare providers as parties permitted to ask a court to issue an Extreme Risk Protection Order – requiring an individual to surrender or relinquish their firearm licenses, permits, and firearms - if an individual is a present danger to self or others. The law also provides that, when issuing an Harassment Prevention Order, a court may also order the surrender of firearms licenses, permits, and firearms. The law imposes penalties for possessing, creating, and transferring untraceable “ghost gun” firearms and requires all firearms except antiques and relics, including unfinished frames and receivers that can be readily made into a finished product, to have serial numbers. The law includes privately-made guns like 3D-printed guns within the provisions governing untraceable “ghost gun” firearms. The law changes firearms licensing requirements to: (1) allow local licensing authorities to request prior license and permit information from the state, as well as access petitions for involuntary mental health commitments denied by a court in addition to prior involuntary commitments, as a part of their review of applications for licenses to carry firearms, firearm ID cards, and licenses to sell firearms; (2) require an individual to be 21 years of age to own semiautomatic rifles or shotguns; (3) add the possibility of incarceration of up to six months for a second offense of failing to report a firearm loss or theft; and (4) enable 12-15 year olds to apply for a self-defense spray permit with parental permission, and 15 to 18 year olds to apply independently. The law allows local firearm licensing authorities to transfer the responsibility to inspect firearm dealers to the State Police. The law requires local licensing authorities to attend statewide training regarding those inspections. It requires dealers to confiscate expired or suspended licenses and report them to the state and to local licensing authorities. The law changes the definition of “machine gun” to include bump stocks, trigger cranks, Glock switches and auto sears among the devices whose possession and use are subject to penalties. It expands the definition of “silencer” to include the parts used to construct a silencer. The law clarifies how to determine whether a firearm is an assault-style weapon and the circumstances under which a person may continue to possess assault-style weapons and large capacity feeding devices they already own. The law requires the state Firearm Control Advisory Board and the state Secretary of Public Safety and Security to review and update the rosters of prohibited assault-style firearms, approved firearms, and approved firearms sold for target shooting. The law clarifies requirements relating to the carry and transport of firearms in motor vehicles and ATVs. It prohibits the carrying of firearms in government buildings, polling locations, and schools, with certain exceptions. The law expands data compilation and reporting requirements to and from the state, and creates a publicly-accessible dashboard of anonymized aggregate firearm data, along with a commission to study that data. The law requires the State Police to provide training and a test for new applicants for licenses to carry or Firearm ID cards. The law establishes two special legislative commissions – one to examine funding for violence prevention services, and one to study emerging firearms technology. The law criminalizes discharging a firearm and striking a building in use.[1]

This is a referendum on a 2024 law that changes Massachusetts firearms regulation, including penalties for untraceable ghost guns and a serial-number requirement, an age-21 requirement for semiautomatic rifles and shotguns, expanded Extreme Risk Protection Order petitioners, a broader definition of machine gun that covers bump stocks and similar devices, and a firearms data dashboard. A Yes vote keeps the law; a No vote repeals it. Statement of fiscal consequences (Executive Office for Administration and Finance): Since the passage of this safety law in 2024, the Commonwealth has made significant investments to implement the law including training employees, promulgating new gun licensure processes, and developing IT infrastructure. Repealing the law would require the Commonwealth to expend resources in suspending or re-directing those investments.[1]