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Pictured: Representative David Linsky with former United States Representative Gabby Giffords at a State House event marking the beginning of Gun Violence Awareness Month.

 GUN VIOLENCE PREVENTION

Over Representative Linsky's 25 years on Beacon Hill, he has tirelessly fought to make the Commonwealth a safer state through gun violence prevention legislation.

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Gun violence continues to be a major public safety problem in the country. No other country in the world has the rate of gun violence that we have in the United States. While Massachusetts continues to be a leader among states in limiting gun violence, there is much more we can do. 

 

Linsky is immensely proud of what we have accomplished thus far in Massachusetts. We have strong gun licensing laws, an effective ERPO law, safe storage laws, and other effective measures. However, we have fallen behind several other states in having the most effective laws, and it’s time to close certain loopholes in our laws.  

 

In this past legislative session, Representative Linsky filed a package of bills to begin closing these loopholes. These bills collectively address ghost guns and 3D printed guns, raise the age for gun ownership, restrict their carrying in public spaces, close loopholes in the types of guns legally owned, raise penalties for illegal possession and trafficking, require liability insurance, and restrict the number of guns that may be purchased at one time. Below is a summary of the bills he has filed. 

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An Act relative to 3D printed weapons and “ghost guns”  

3-D printed guns and “ghost guns” are untraceable firearms without serial numbers that constitute a significant public safety and public health threat to our Commonwealth and our nation. Filed with Senator Jamie Eldridge, this legislation would prohibit the possession of “ghost guns” and the manufacturing of a 3D printed gun without a Federal Firearms License (FFL), in addition to a prohibition on the distribution of digital instructions that may be used to program a 3D printer to manufacture or produce a firearm, firearm receiver, magazine, or firearm component. This bill also bans the manufacturing or assembly of a firearm without obtaining a unique serial number or other identification mark from DCJIS, and the manufacture or assembly of any firearm that is undetectable. Ghost guns are an ongoing public safety threat throughout the Commonwealth. This is the same language that was re-drafted by the Joint Committee on Public Safety and was reported favorably last session.  

 

An Act to require liability insurance for gun ownership 

Filed with Senator Michael Barrett, this legislation would require liability insurance for the ownership of a firearm, rifle, or shotgun. By getting the private sector and insurance companies involved in gun safety, a number of gun tragedies could be prevented every year by encouraging more responsible behavior and therefore reducing accidental shootings. New Jersey has recently enacted a similar law 

 

An Act to prohibit carrying firearms in sensitive places 

This legislation would restrict individuals from carrying firearms in sensitive locations which include airports, libraries, shelters, schools, shopping malls, places that serve alcohol, government buildings, and polling places. Individuals who are not exempt from this restriction under the law can be charged with a felony for violating its sensitive locations provision.  This bill is modeled after new laws in New York and New Jersey. 

 

An Act requiring live fire practice for a firearms license 

This legislation would require that at least 5 hours of live discharge of firearms, rifles, and shotguns at a licensed gun club, including the discharge of at least 50 rounds of ammunition, be part of the required curriculum for anyone applying for a firearms identification card or a license to carry firearms. 

 

An Act to close the large capacity magazine loophole 

Under current Massachusetts law, the sale, offering for sale, transfer, or possession of a large capacity feeding device is prohibited, unless such a device was lawfully possessed on or before September 13, 1994. This law, however, is not enforceable, as there is no way to distinguish between a pre-1994 large capacity feeding device and a post-1994 large capacity feeding device. 

This legislation would require anyone in the possession of a large capacity feeding device to register such device with the Executive Office of Public Safety and Security (EOPSS). 

 

An Act relative to universal background checks for private gun sales  

Filed with Senator Jamie Eldridge, this legislation would close a loophole in state law that currently allows for private firearms sales to be completed without a federal background check on prospective buyers. It would require a National Instant Criminal Background System (NICS) check by a licensed gun dealer prior to any private sale or transfer of a firearm. Dealers would be able to charge a fee of $25 per transactions for these services. This legislation is modeled after laws in 8 other states and Washington, D.C., and would ensure that private sales are subject to the same background check requirements as sales conducted at licensed gun shops. 

 

An Act establishing an institute within the Department of Public Health 

Gun violence is a major public health crisis, and there is a lack of research into the causes of firearm violence as well as the most effective way to prevent such tragedies. Massachusetts can and should become one of the leading states to sponsor this important research. This legislation would establish the Commonwealth of Massachusetts Firearm Violence Institute within the Department of Public Health (DPH). An institute of this nature would supplement the use of federal funds to study gun violence, which has obstructed research efforts across the nation. 

 

An Act to raise the age for possession of a firearm 

This legislation would raise the minimum age for acquiring a Firearm Identification Card (FID) from 18 years (or 14-17 years of age with parental consent) to 21 years of age. FID permits the purchase, possession, and transportation of non-large-capacity rifles, shotguns, and ammunition. 

 

An Act to prevent illegal trafficking and gun violence among youth in the Commonwealth 

Filed with Senator Adam Gomez, this legislation would require all guns sold to be designed or equipped with the ability to microstamp ammunition in order to provide an avenue for law enforcement to pursue those who commit gun crimes by connecting a criminal with evidence found at the scene of a crime involving a gun. This technology is easy, accurate, and inexpensive. 

 

An Act to clarify the prosecution of illegal guns 

Filed with Senator Jamie Eldridge, the intent of this legislation is to make it clear that both firearms which are explicitly banned by their make and model name, as well as “copycat” versions of the same firearms which are essentially the same, are banned under Massachusetts law.  

 

An Act increasing penalties for the illegal sale and possession of firearms 

This legislation would increase the penalties for the illegal sale and possession of firearms in Section 10 of Chapter 269, and Section 129 of Chapter 140. 

 

An Act banning semi-automatic firearms 

This legislation would ban all privately owned semi-automatic firearms. This legislation would also introduce a gun buy-back program. By enforcing a penalty of 18 months in prison and a fine of $5000 for each weapon, the Commonwealth would drastically reduce the amount of semi-automatic weapons in the hands of the public. 

 

Rep. Linsky's Speech on the House's Gun Bill 

 
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