Massachusetts S 1404 - Confiscation Prohibition

Massachusetts.png

Massachusetts S 1404

Prohibiting the confiscation of lawfully owned firearms during a state of emergency

by Ryan Fattman (R), Michael Soter (R), Dean Tran (R)


LEAP Forward Position: Oppose

Explanation: Pending

Red X.png

SECTION 1. Chapter 140 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 129D the following section:-

Section 129E. (a) 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 owned firearm, rifle, shotgun, machinegun or ammunition.

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

(c) Whoever violates the provisions of this section shall be subject to a civil fine of not less than $500 and not 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: (i) has been placed under arrest; (ii) is the subject of a protection order issued under chapter 209A; or (iii) has had their firearm identification card or license to carry revoked or suspended.