Bill > H2325

This bill amends Chapter 209A of the Massachusetts General Laws to expand the powers of law enforcement officers during domestic violence situations. The key provisions include: 1. Allowing law enforcement officers with probable cause of domestic violence to question persons present to determine if weapons are on the premises and seize any weapons that could expose the victim to serious bodily injury. 2. Requiring law enforcement officers to deliver all seized weapons, firearm purchaser identification cards, and permits to the District Attorney's office, which will retain them until the domestic abuse charges are resolved. 3. Establishing a process for the owner to petition the District Attorney's office for the return of the seized items, and allowing the District Attorney's office to object to the return on the grounds that the owner is unfit or poses a threat. 4. Providing for a hearing and appeals process regarding the return or disposal of the seized weapons. 5. Clarifying that the law does not impair the right of the state to retain evidence pending a criminal prosecution. 6. Allowing for civil suits to be brought against prosecutors who fail to return seized firearms in good faith. Overall, the bill aims to enhance the ability of law enforcement to intervene and remove firearms from domestic violence situations, while also establishing safeguards and due process for the owners of the seized weapons.

Justice

https://malegislature.gov/Bills/190/H2325