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Bill

HD 1405

An Act relative to national criminal background checks for section 12 and 15 licenses

194th Legislature (2025-2026) Introduced by Kim Ferguson and 4 co-sponsors

Massachusetts bill requires federal criminal background checks via NICS for all handgun and long gun license applicants to supplement existing state checks.

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Bill Summary · HD 1405

Legislative bill overview

HD 1405 would require applicants for Massachusetts firearms licenses (Section 12 licenses for handguns and Section 15 licenses for long guns) to undergo federal criminal background checks through the FBI's National Instant Criminal Background Check System (NICS), in addition to existing state-level checks. Currently, Massachusetts conducts its own background check process through local police departments without mandatory federal NICS queries.

Why is this important

This bill addresses a gap in Massachusetts's firearms licensing system by adding a second layer of screening that could identify individuals with criminal histories in other states or federal records that might not appear in Massachusetts databases alone. The practical effect would be enhanced access to comprehensive criminal history information, potentially preventing firearms access by individuals with disqualifying offenses in other jurisdictions.

Potential points of contention

  • Federalism concerns: Some may argue this represents unnecessary federal intrusion into state licensing processes that Massachusetts has managed independently
  • Efficiency and cost: NICS checks add processing time and potential costs; disputes may arise over who bears these expenses and how delays affect licensing timelines
  • Redundancy debate: Critics might contend that robust state background checks make federal checks unnecessary, while supporters argue belt-and-suspenders approach enhances public safety
  • Privacy implications: Questions about data sharing between state and federal systems and retention of records

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

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