Governor Healey Signs Gun Safety Legislation Cracking Down on Ghost Guns, Strengthening Violence Prevention

Governor Healey Signs Gun Safety Legislation Cracking Down on Ghost Guns, Strengthening Violence Prevention:

 

Boston, MA -- Governor Maura T. Healey today signed into law An Act Modernizing Firearms Laws (H.4885), the state’s most significant gun safety legislation in a decade. The bill was passed by the Legislature as a result of the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, which sought to weaken states’ ability to protect their residents through gun safety laws. 

 

The bill signed today modernizes Massachusetts’ existing firearms laws to address issues such as untraceable “ghost guns” and 3-D printed guns, enhance the “Red Flag Law,” further protect safety in public spaces and increase violence prevention programming in the state. As Attorney General, Governor Healey was a strong advocate for stricter regulation of ghost guns and 3-D guns.

 

“Massachusetts is proud of our strong gun laws, but there is always more work to be done to keep our communities safe from violence. This legislation updates our firearms laws in response to the Supreme Court’s misguided Bruen decision,” said Governor Healey. “It cracks down on ghost guns and 3-D printed weapons, which I have long advocated for, enhances our ability to prevent guns from falling into dangerous hands, and invests in our communities to address the root causes of violence. This law will save lives, and I’m grateful to the Legislature and gun safety advocates for their hard work to see this through.”

 

“Gun technology and trends are constantly evolving, and it’s important that our laws evolve along with them,” said Lieutenant Governor Kim Driscoll. “This law will make our communities safer by preventing violence in the first place and improving law enforcement’s ability to respond to gun crimes.” 

 

“As a former prosecutor, I have experienced firsthand the devastating impacts of gun violence on victims, families, and communities. Untraceable firearms like ghost guns and 3-D printed weapons pose a tremendous risk to public safety, and our laws must evolve to stop the proliferation of these dangerous weapons,” said Public Safety and Security Secretary Terrence Reidy. “This new legislation strengthens our ability to combat gun violence, hold violent offenders accountable, and enhance community safety. The law also advances Massachusetts’ position as a national leader in strong and effective gun laws.”  

 

“Massachusetts leads on responsible gun safety, and today with the Governor’s signature we cement that leadership even further. The strength of the Legislature’s bill comes from the collaboration with stakeholders on every side of this topic, which will ultimately protect our residents from gun crime, modernize our laws, and save lives," said Senate President Karen E. Spilka (D-Ashland). " I’m grateful for Governor Healey’s signature and our partnership with the House in advancing these responsible, common-sense safety measures.”

 

“This legislation is the most significant gun safety reform package that Massachusetts has seen in a decade. It’s the culmination of a multi-year process that began once the Supreme Court’s conservative supermajority issued their disastrous Bruen decision, a ruling that undermined our laws and threatened the safety of our residents. After that decision was announced, the House began a comprehensive review of how that ruling would impact Massachusetts, and of the Commonwealth’s gun laws generally, a process that resulted in the historic bill that the House passed last October," said House Speaker Ronald J. Mariano (D-Quincy). "While the Commonwealth’s existing gun laws have made Massachusetts one of the safest states in the nation, relative success is never a cause for complacency. That’s why I’m incredibly proud of the legislation that Governor Healey signed into law today, as it builds on the critical reforms that we made in 2014. I’m grateful to Chairman Day and the members of the conference committee for their tireless work on this issue, as I’m confident that these reforms will make the Commonwealth safer.”

 

“This legislation reflects the input of many, including law enforcement officials, community advocates, gun owners, and healthcare workers," said Senate Majority Leader Cynthia S. Creem (D-Newton).  "It provides the tools needed to better protect our residents from the epidemic of gun violence and to prevent future tragedies. With support from both chambers and the Governor’s signature today, Massachusetts can once again stand proudly by its record as a national leader on gun safety, and more importantly, we will save countless lives.”

 

“Today, as we consistently do in the area of firearm safety, we take the lead in making the Commonwealth a safer place to live by giving law enforcement the tools they need to go after ghost guns, keeping battlefield weapons out of our neighborhoods, and keep our schools, homes, town halls and polling locations safe," said Representative Michael S. Day (D-Stoneham), House Chair of the Joint Committee on the Judiciary. While Washington is paralyzed by dysfunction that endangers Americans across the country, we in Massachusetts address our challenges directly and take the steps necessary to modernize our firearm laws to keep us safe.”

 

The legislation cracks down on ghost guns, which are homemade weapons that do not have a serial number and thus are untraceable, and 3-D guns, which are made with a 3-D printer. The legislation enhances the firearms statute to combat ghost guns by requiring the Department of Criminal Justice Information Services (DCJIS) to develop and maintain a real time electronic firearms registration system and requiring that all firearms manufactured or assembled in Massachusetts be registered. It also requires all firearms to be serialized and registered and prohibits unlicensed individuals from using 3-D printers to manufacture firearms. The legislation also adds new language criminalizing the creation, sale or transfer of untraceable firearms and imposes a sentence of 1 – 1.5 years.

 

The legislation also strengthens the state’s “Extreme Risk Protective Order” (ERPO) statute, or “Red Flag Law,” and takes additional steps to prevent guns from falling into the wrong hands. It clarifies that, under the Red Flag Law, a person who has had their firearm license revoked cannot obtain any new firearm licenses or identification cards while the ERPO is still in place.  It also expands who can seek an ERPO to include licensing authorities, law enforcement agencies, and health care providers, in addition to a family or household member.

 

To better protect Massachusetts communities from dangerous weapons, the legislation updates the state’s assault weapons ban by expanding the definition of “assault weapons” to include known assault weapons and other weapons that function like them with respect to certain features. It also prohibits possession, transfer, or sale of “assault-style” firearms or a large capacity feeding devices. Additionally, the legislation prohibits the issuance of a license to carry a machine gun except for firearms instructors and bona fide collectors and criminalizes the possession of parts that are intended to make weapons more lethal by adding them to the machine gun statute. This includes automatic parts, bump stocks, rapid-fire trigger activators, and trigger modifiers. The legislation also seeks to further enhance safety in public spaces by criminalizing possession of a firearm in government buildings, courts, and election/polling areas.   

 

Understanding that early intervention and community programming can be effective in stopping gun violence before it happens, the legislation creates a Violence Prevention Federal Reinvestment Trust Fund operated by the Executive Office of Health and Human Services that will fund violence prevention and intervention services.  

 

The legislation also takes significant action to update the state’s firearm registration, licensing and possession laws, as well as enhancing firearm data collection, analysis and publication.

 

Governor Healey plans to hold a ceremonial signing of the bill next week.

 

Statements of Support:

 

Attorney General Andrea Joy Campbell:

“As our country faces a culture of pervasive gun violence, Massachusetts is taking enormous strides to protect public health and safety by prohibiting untraceable ghost guns, banning devices that convert guns into automatic weapons and strengthening requirements for obtaining a license to carry. This historic measure would not have been possible without the work of my office, Governor Healey, Speaker Mariano, Senate President Spilka, Chair Day, and Senator Creem, as well as many dedicated advocates."

 

Chief Michael J. Bradley, Jr., Executive Director, Massachusetts Chiefs of Police Association:

“The MCOPA leadership has voted to support H4885, also known as "An Act modernizing firearm laws.” We extend our appreciation to Speaker Mariano, Senate President Spilka, and Governor Healey for their continued efforts to work with our Association toward a compromise on gun reform and their shared focus on enhancing safety in the Commonwealth. We are committed to working closely with the Administration to address any challenges that may arise to ensure that the law's provisions are effectively put into practice.”

 

Ruth Zakarin, CEO, MA Coalition to Prevent Gun Violence:

"Massachusetts has taken a huge step forward today towards keeping our communities safer from gun violence. There is no one size fits all solution to the gun violence crisis that plagues our nation, and we appreciate the comprehensive, multifaceted approach that this bill takes towards ending this epidemic. We are deeply grateful to House and Senate leadership for their nearly two years of hard work on this important bill, and to Governor Healey for signing this lifesaving bill into law today."

 

Juanita Batchelor, a survivor of gun violence, a volunteer with the Massachusetts chapter of Moms Demand Action, and the Executive Director of The Darrell Lee Jenkins Jr. Resource Center:

“Massachusetts has long been a national leader on gun safety and today, Governor Healey is taking another step forward by signing this life-saving legislation into law. We’re grateful that our lawmakers and Governor Healey continue to recognize the need for ever-stronger gun safety laws like a prohibition on ghost guns and a ban on guns in places like government buildings and polling places. Every life lost to gun violence is preventable and with the enactment of this law, now our communities will have more tools to prevent these tragedies.”

 

Former Congresswoman Gabby Giffords, founder of the gun violence prevention group GIFFORDS:

“Today is a great day in the Commonwealth of Massachusetts with the signing of this life-saving law. Gun violence is an evolving challenge that requires a comprehensive set of solutions. Whether it's stopping the flow of untraceable ghost guns into communities or banning glock switches and other similar devices, this bill tackles those head on. Thank you to Governor Healey, Speaker Mariano, Senate President Spilka, Majority Leader Creem, and Chairman Day for their leadership in getting this law across the finish line.”

 

Kris Brown, President, Brady: 

"Brady applauds the leadership of Governor Healer, who has just taken a giant step in furtherance of public safety by signing H4885 in Massachusetts. With the signing of this bill, Massachusetts continues to lead in modern solutions that will address the many types of gun violence that plague the state and the country. “An Act Modernizing Firearm Laws” includes some of the strongest measures we have to address this epidemic, including common-sense provisions like prohibiting the carrying of firearms in polling places and prohibiting the sale of unserialized, untraceable ghost guns. And it allows policy makers to build on this progress by creating data centers for use in further firearms policy research. Brady thanks Governor Healey, Representative Day, Senator Creem, and every legislator and advocate who supported this critical bill, which will keep Massachusetts communities safe."

 

John Rosenthal, Founder, Stop Handgun Violence:

“I couldn’t be more proud and grateful for Gov Healey and our Legislative leaders for continuing to make Massachusetts the safest state and a model for the Nation with, respect to gun violence prevention. This new gun safety Bill will effectively close dangerous loopholes in existing law, save countless lives and endless grief from preventable gun violence and do so without any inconvenience to law abiding gun owners and sportspeople like me.”

 

Middlesex District Attorney Marian Ryan:

“The passage of the gun bill marks an important step for public safety in Massachusetts.  We need to have the appropriate tools to hold accountable those who have sought to escape responsibility for violating our gun laws by exploiting loopholes. In Middlesex County this year and in recent years we have routinely seen multiple homes being shot at, with bullets either lodged in the exterior or crashing into the home terrorizing occupants. The bill’s ban on ghost guns and the requirement of serialization will allow us to address what has become a scourge on our streets as those who should not have guns are able to make their own untraceable firearms. I am grateful for our collaboration with the Legislature and the Governor which has produced a bill that reflects the changes in technology and protects communities from truly random acts of violence.”

 

Essex District Attorney Paul Tucker:

“The Massachusetts Legislature has crafted a thoughtful firearms bill that will keep Massachusetts at the forefront of keeping our citizens safe. I am particularly pleased to see the language on mental health concerns which address serious issues we have seen.”