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ALM GL ch. 209A, § 3B
Page 31
for an expedited hearing, the court shall order said hearing within two business days of receipt of such affidavit and
request but only on the issue of surrender and suspension pursuant to this section.
HISTORY: 1994, 24, § 6; 1996, 298, § 2; 1998, 180, § 48.
NOTES: Editorial Note
Acts 1994, 24, § 6, enacted this section. Section 9 provides:
Section 9. Notwithstanding the provisions of any general or special law to the contrary, a licensing authority as
defined in section 121 of chapter one hundred and forty of the General Laws who receives or takes possession of any
firearm, rifle, shotgun, machine gun, ammunition, firearms identification card or license to carry firearms surrendered
pursuant to the provisions of section three B of chapter two hundred and nine A may transport and present to the State
Police all said items or store and maintain said items in the care and custody of said licensing authority. The State Police
or the local licensing authority shall immediately issue a receipt to the owner of said items specifying where said items
will be held. In all cases where the State Police is charged with the care and custody of said items they shall also
forward a duplicate receipt to the local licensing authority. The State Police or a local licensing authority shall store and
keep all said items safely and securely in accordance with standards set forth by the Executive Office of Public Safety
relative to the storage of such items until an item is returned to its owner; provided that such owner shall have the right,
at any time up to one year after any such order has been issued, to transfer such firearms, rifles, shotguns, machine guns
and ammunition to any licensed dealer and upon notification in writing by the licensed dealer and the owner, the
licensing authority shall within ten days deliver such firearms, rifles, shotguns, machine guns and ammunition to the
licensed dealer. Any item stored by the State Police or the local licensing authority pursuant to such order which is not
lawfully reclaimed by its owner within one year after such order has been vacated or has expired shall be destroyed. The
Secretary of the Executive Office of Public Safety is hereby authorized and directed to promulgate rules and regulations
necessary to carry out the provisions of this section.
The 1996 amendment revised the first paragraph.
The 1998 amendment revised the first paragraph.
Jurisprudence
79 Am Jur 2d, Weapons and Firearms § 33.
Annotations
Validity of state gun control legislation under state constitutional provisions securing the right to bear arms. 86
ALR4th 931.
Treatise References
Brisk, Hoag, MacLaughin-Barck, Massachusetts Elder Law (Michie) §§ 1.7, 2.4.
Law Reviews
Buel, Violence Against Women: Effective Assistance of Counsel for Battered Women Defendants: A Normative
Construct. 26 Harv Women's LJ 217.
Lininger, A Better Way to Disarm Batterers. 54 Hastings LJ 525 (March, 2003).
Long, Commonwealth v. Gonsalves: Erroneously Expanding the Concept of Police Interrogation Set Forth in
Crawford v. Washington to Include Investigatory Police Interrogations. 33 N.E. J. on Crim. & Civ. Con. 171 (Winter,