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

Prohibits confiscation of lawfully owned firearms during a state of emergency; violators face $500-$5,000 per firearm and up to 2.5 years in prison, with limited exceptions.

House concurred

Overview

Bill number and title: SD 717, “An Act prohibiting the confiscation of lawfully owned firearms during a state of emergency.”

Status: House concurred (as of the information provided); originally filed January 14, 2025 and introduced in the Senate by Sen. Ryan C. Fattman.

Purpose: To prohibit government officials, and those acting on behalf of the Commonwealth, from ordering or otherwise causing the confiscation of lawfully owned firearms, ammunition, and related items during a state of emergency. Establishes penalties for violations and outlines limited exceptions.

Key Provisions

Amendment to statute: Inserts new Section 129E into Chapter 140, after existing Section 129D.

Prohibition on confiscation (a): No government official or any person acting on behalf of the Commonwealth may order or cause the confiscation of any lawfully owned firearm, rifle, shotgun, machinegun, or ammunition.

Prohibition on confiscation/attempts (b): No law enforcement officer, person acting as a law enforcement officer, or other public official may confiscate or attempt to confiscate any lawfully carried or lawfully owned firearm, rifle, shotgun, machinegun, or ammunition.

Penalties (c): Violations subject to:

Civil fine: not less than $500 and not more than $5,000 for each firearm unlawfully confiscated.
Imprisonment: up to 2.5 years in a state prison.

Allowed confiscations (exceptions): The above prohibitions do not apply to confiscation from a person who is:

Under arrest;
The subject of a protective order issued under Chapter 209A;
Having their firearm identification card (FID) or license to carry (LTC) revoked or suspended.

Who Is Affected

Individuals protected: Lawfully owned firearms, rifles, shotguns, machineguns, ammunition, and items lawfully carried or owned by individuals.

Public actors constrained: Government officials and any person acting on behalf of the Commonwealth, including law enforcement officers and other public officials.

Context: Applies during a state of emergency.

Procedural and Timeline Details

Introduction and assignment: Filed January 14, 2025; Senate Docket No. 717; referred to the Public Safety and Homeland Security committee (listed as action on February 27, 2025).

Status note: The bill’s status is listed as “House concurred,” indicating a concurrence action in the House of Representatives on or about the same date.

Cross-reference: Similar matter previously filed in prior session (Senate No. 1513 of 2023-2024).

Potential Impact and Considerations

Rights protection: Establishes explicit protections against government-confiscation of lawfully owned firearms during emergencies.

Enforcement and penalties: Creates civil fines and possible imprisonment for violations, potentially deterring unlawful confiscation.

Limitations: Maintains limited exceptions for arrests, protective orders, or administrative revocation/suspension of licenses.

Operational effect: Could constrain emergency response actions that involve firearm seizures, requiring adherence to the statute’s protections.

Fiscal considerations: Not specified in the text; penalties are monetary per firearm and potential incarceration.

If you’d like, I can compare this bill to prior related measures (e.g., Senate No. 1513 of 2023-2024) or provide a side-by-side with existing Massachusetts law on firearm seizure during emergencies.

Bill