Signed by Governor Charlie Baker

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that authorizes the court ordered temporary removal of firearms to those deemed a "significant threat".

Highlights:

• Requires the court to issue an extreme risk protection order and order the respondent to surrender any licenses to carry firearms, firearms identification cards and all firearms upon granting a petition (Sec. 15).

• Authorizes the court to modify, suspend or terminate its order at any subsequent time upon motion by either party, so long as due notice is given to the respondent and petitioner, and the court shall hold a hearing on the motion (Sec. 15).

• Authorizes an individual to file a petition in court if the petitioner believes that an individual that is licensed to carry firearms or firearm identification card my pose a risk of causing bodily injury to themselves or others (Sec. 15).

• Requires the petition include the following (Sec. 15):

• Any relevant facts supporting the petition;

• Identify the reasons why the petitioner believes that the respondent poses a risk of causing bodily injury to self or others by having in the respondent’s control, ownership or possession a firearm;

• Identify the number, types, and locations of any firearms the petitioner believes to be in the respondent’s current control, ownership, or possession; and

• Identify whether there is a pending lawsuit, complaint, petition, or other legal action between the parties to the petition.

• Prohibits the charging of a fee for the filing or the service of process to be charged by a court or any public agency to a petitioner filing a petition pursuant to Section 15 (Sec. 15).

• Requires, that in the case of family members making the petition, the court to provide a petitioner and respondent informational resources about (Sec. 15):

• Crisis intervention;

• Mental health;

• Substance use disorders;

• Counseling services; and

• The process to apply for a temporary commitment.

• Requires the court to conduct a hearing on the petition within 10 days of receiving the petition (Sec. 15).

• Requires the court to  grant the petition if it finds that the evidence provided shows the respondent to pose a risk of causing bodily harm to self or to others by having in the respondent’s control, ownership or possession a firearm (Sec. 15).

• Requires the court to enter written findings as to the basis of its order within 24 hours of granting the order (Sec. 15).

• Requires the licensing authority of the municipality where the respondent resides to immediately suspend the respondent's license to carry firearms or a firearm identification card and to immediately notify the respondent of said suspension (Sec. 15).

• Requires the court to return any firearms to an individual if an individual other than the respondent claims the title (Sec. 15).

• Requires, up the expiration or termination of an extreme risk protection order, the licensing authority holding any firearms to return any licensed to carry firearms or firearm identification card and all firearms requested by the respondent only after the municipality in which the respondent resides confirms that the respondent is suitable for a license to carry firearms or a firearm identification card and to control, own or  possess firearms (Sec. 15).

• Authorizes a respondent to sell or transfer the title of firearms to a licensed firearms dealer if a respondent who has surrendered a license to carry firearms or firearm identification card and all firearms does not wish to have the license anymore or is no longer eligible to control, own or possess firearms (Sec. 15).

• Authorizes the licensing authority to dispose of the firearms if the licensing authority cannot reasonably ascertain the lawful owner of any firearms within 180 days of the expiration or termination of the order to surrender the firearms (Sec. 15).

• Requires that stun guns to be stored and secured in locked containers that are accessible only to the owner or other lawfully authorized users (Sec. 14).

• Requires the Secretary of Public Safety and Security to create regulations restricting access or use of stun guns by non-licensed persons and establishing minimum safety and quality standards, safe storage requirements, education and safety training requirements and law enforcement training on appropriate use of stun guns (Sec. 13).

• Requires the new rules to include a mechanism for tracking the number of times the stun guns that are purchased or used by a law enforcement or public safety official has been fired (Sec. 13).

Full Bill Text