MA Senate Passes Gun Safety Bill 37 to 3. Here’s What’s in It.

thoughts and prayers sign

In October, the MA House passed a comprehensive gun bill 120 to 38 (read about it here). 

The Senate debated and passed its own gun safety bill, named the SAFER Act, yesterday. 

Among the key provisions of the bill were: 

  • Cracking down on ghost guns by bringing MA’s laws in line with national standards of  what counts as a firearm, prohibiting the 3D-printing of weapons unless the person owns a license to manufacture firearms, and requiring any kit-assembled guns by a licensed gun owner to be registered  
  • Codifying the state’s assault weapons ban as it is currently being interpreted by the Attorney General, thereby modernizing outdated language referring to the since-expired federal ban
    • NOT in the SENATE BILL: expanding the AWB to cover more firearms 
  • Prohibits machine gun conversion devices or devices that increase the rate of fire of firearms
  • Creates manufacturer accountability by banning the marketing of unlawful firearm sales to minors and allowing industry actors to be held civilly liable if such marketing practices lead to an individual being harmed. [SENATE ONLY]
  • Ensures that gun dealers are inspected annually and allows the Massachusetts State Police to conduct those inspections if a local licensing agency does not or cannot do so. 
  • Prohibits the carry of firearms in government administrative buildings, with exceptions for law enforcement officers and municipalities that choose to opt out.
    • NOT in SENATE Bill: Extension to polling places, educational institutions (including higher education); ban on carry on private property without express permission or signage
  • Expands the list of individuals eligible to file an extreme risk protection order (ERPO) to include licensed healthcare professionals
    • NOT in SENATE bill: Extension to include school administrators and employers
    • SENATE ONLY: Ability to file a pre-emptive ERPO, prohibiting someone who does not yet have a license for applying for one for a certain period of time
  • Protects survivors of harassment by requiring courts to compel the surrender of firearms by individuals who are subject to harassment protection orders who pose an immediate threat. 
  • Ensures that firearm licensing authorities have access to certain information about an applicant’s history of involuntary mental health hospitalizations due to posing a serious harm—with appropriate safeguards to guarantee privacy and due process [SENATE ONLY]
  • Establishes commissions to study the funding structure for community-based violence prevention services and to study emerging firearm technology 
  • Strengthens data collection on firearms and firearm crimes 

The final vote was 37 to 3. The only NO votes were Republicans Peter Durant (R-Spencer), Ryan Fattman (R-Sutton), and Patrick O’Connor (R-Weymouth).

During the debate on the bill, Senator Patrick O’Connor (R-Weymouth) tried to replace the bill with a narrower substitute bill. It received only 6 votes, the 3 NO votes plus Marc Pacheco (D-Taunton), Bruce Tarr (R-Gloucester), and Walter Timilty (R-Milton).