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S 1684

An Act prohibiting the confiscation of lawfully owned firearms during a state of emergency

194th Legislature (2025-2026) Introduced by David DeCoste and 1 co-sponsor

Bill prohibits Massachusetts government from seizing lawfully-owned firearms during states of emergency, protecting Second Amendment rights during crisis declarations.

Hearing rescheduled to 10/31/2025 from 11:30 AM-05:00 PM in Gardner Auditorium and Virtual Hearing updated to New End Time
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Bill Summary · S 1684

Legislative bill overview

S 1684 would prohibit Massachusetts state and local government authorities from confiscating lawfully owned firearms during declared states of emergency. The bill creates a legal protection preventing emergency powers from being used to seize firearms from law-abiding citizens without due process.

Why is this important

States of emergency grant executives broad powers to manage public safety crises, but historically some jurisdictions have used these powers to temporarily confiscate firearms. This bill addresses concerns that emergency authorities could restrict Second Amendment rights during disasters or civil unrest. The debate touches on fundamental tensions between emergency government powers and constitutional protections.

Potential points of contention

  • Constitutional interpretation: Whether emergency firearm confiscation violates the Second Amendment (sponsors' view) or falls within legitimate government crisis powers (potential opposition view)
  • Public safety during emergencies: Disagreement over whether restricting government confiscation authority helps or hinders law enforcement's ability to manage dangerous situations during crises
  • Scope and definitions: What constitutes "lawful ownership" and whether the bill creates carve-outs for specific emergency scenarios (active threats, imminent danger, etc.)

Compiled from official sources — confirm details with the bill’s official record.

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