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S 1692

Relates to commissaries and canteens at correctional institutions

2025 Regular Session Introduced by Jamaal Bailey and 4 co-sponsors

Replaces self-defense spray eligibility with strict disqualifications for felonies, violent/drug offenses, and mental health/addiction histories, plus 5-year restoration and penalties.

REFERRED TO WAYS AND MEANS
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WeVote Research Nonpartisan
Bill Summary · S 1692

Summary — S.1692 (2025): “An Act relative to self‑defense sprays”

Note on source material: Some bill metadata provided (title referring to commissaries/canteens, sponsor lists, and procedural entries) appear inconsistent or duplicated. The enacted text included below replaces Section 36 of Chapter 135 of the Acts of 2024 and concerns possession and purchase of self‑defense spray. This summary focuses on the statutory language in the bill text.

Purpose

To amend the Commonwealth’s statutory restrictions on who may purchase or possess self‑defense spray by replacing existing language with a new Section 122D that lists disqualifying categories, establishes certain time‑based restoration rules and medical affidavits for persons with mental‑health or substance‑use histories, and sets criminal penalties for unlawful possession.

Key provisions

  • Replaces Section 36 of Chapter 135 (2024) with a new Section 122D governing purchase/possession of self‑defense spray.
  • Disqualifies from purchase/possession any person who, in a Massachusetts court, has been convicted or adjudicated a youthful offender/delinquent for:
    • a felony;
    • a misdemeanor punishable by imprisonment >2 years;
    • a “violent crime” (as defined in Section 121);
    • violations of weapons/ammunition laws (where imprisonment may be imposed);
    • violations of controlled‑substance laws (Chapter 94C).
    • Exception: except for violent crimes or trafficking crimes, persons may regain eligibility if they have had no confinement/probation/parole for 5 or more years immediately preceding purchase/possession.
  • Parallel disqualification for convictions/adjudications in other states or federal jurisdictions, with a similar 5‑year restoration rule; for out‑of‑state convictions the applicant’s right to possess a rifle/shotgun must also be fully restored in that other jurisdiction before eligibility is returned.
  • Mental‑health disqualification: persons committed to a hospital/institution for mental illness are disqualified unless they present an affidavit from a licensed physician or clinical psychologist stating familiarity with the applicant’s illness and that the applicant is not disabled by it in a way that prevents safe possession.
  • Substance/alcohol use disqualification: persons in recovery or committed for alcohol/substance use disorder are disqualified unless a licensed physician/psychologist deems them in recovery; they may possess after 5 years from confinement/recovery and must submit an affidavit attesting to recovery and provider knowledge of treatment history.
  • Age restrictions: under 15 disqualified; ages 15–17 require a parent/guardian certificate granting permission to apply for a card (references an application/card process).
  • Immigration status: non‑lawful permanent residents and certain nonimmigrant visa categories are disqualified (specific 8 U.S.C. references listed).
  • Persons subject to domestic‑violence protection orders, suspension/surrender orders under certain statutes, or outstanding arrest warrants are disqualified.
  • Penalties: violation punishable by up to $1,000 fine, imprisonment in a house of correction for up to 2 years, or both.

Who is affected

  • Individuals with specified criminal convictions (state, federal, or out‑of‑state).
  • People committed for mental illness or with recent substance/alcohol treatment histories unless cleared by a licensed clinician.
  • Minors under 18 (with conditional permission for 15–17).
  • Certain non‑citizen/visa holders.
  • Persons under protection orders or with outstanding warrants.
  • Retailers and administrators involved in any existing application/card process may see increased administrative burden to verify affidavits, restoration periods, and eligibility.

Procedural status & timeline (as provided)

  • Introduced in the Senate: 2025‑05‑08.
  • Read twice and referred to Committee on Finance (May 8, 2025).
  • Passed Senate: 2025‑05‑22; delivered to Assembly and referred to Ways & Means (May 22, 2025).
  • Multiple hearings scheduled and rescheduled for Fall 2025 (dates in Sept–Oct 2025 appear in the record).
  • Earlier referrals show consideration by Public Safety & Homeland Security and Crime Victims, Crime and Correction committees.

Potential implementation considerations

  • The bill references an application and “card” and requires clinician affidavits; administrative rules or forms will be needed to implement verification, storage and privacy protections for medical attestations.
  • The 5‑year restoration windows and requirement that out‑of‑state rifle/shotgun rights be restored may require access to diverse jurisdictional records.
  • Enforcement mechanism depends on how sellers/authorities verify eligibility; the bill creates a criminal offense for possession in violation of the section.

If you want, I can:
- Produce a side‑by‑side comparison showing how this language differs from the prior Section 36;
- Draft a brief explainer for affected stakeholders (clinicians, retailers, people with prior convictions).

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

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