JurisdictionMassachusettsPart IIICOURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
Title IVCERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES
Ch. 258EHARASSMENT PREVENTION ORDERS
This text of Massachusetts § 4A (Surrender of license to care or firearm identification card following issuance of temporary or emergency order; surrender of weapons and ammunition; review of order) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
[ Text of section added by 2024, 135, Sec. 92 effective October 2, 2024.]Section 4A. Upon issuance of a temporary or emergency order under sections 5 or 6, the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of harassment, order the immediate suspension and surrender of any license to carry or firearm identification card that the defendant may hold and order the defendant to surrender all firearms and ammunition that the defendant then controls, owns or possesses in accordance with the provisions of this chapter and chapter 140. Any license to carry or firearm identification card that the defendant may hold shall be surrendered to the appropriate law enforcement official in accordance with the provisions of this chapter and chapter 140 and said law
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[ Text of section added by 2024, 135, Sec. 92 effective October 2, 2024.]Section 4A. Upon issuance of a temporary or emergency order under sections 5 or 6, the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of harassment, order the immediate suspension and surrender of any license to carry or firearm identification card that the defendant may hold and order the defendant to surrender all firearms and ammunition that the defendant then controls, owns or possesses in accordance with the provisions of this chapter and chapter 140. Any license to carry or firearm identification card that the defendant may hold shall be surrendered to the appropriate law enforcement official in accordance with the provisions of this chapter and chapter 140 and said law enforcement official may store, transfer or otherwise dispose of any such firearms or ammunition in accordance with the provisions of section 129D of said chapter 140; provided, however, that nothing herein shall authorize the transfer of any firearms or ammunition surrendered by the defendant to anyone other than a licensed dealer. Notice of such suspension and ordered surrender shall be appended to the copy of the harassment prevention order served on the defendant pursuant to section 9. Law enforcement officials, upon the service of said orders, shall immediately take possession of all firearms and ammunition, and any license to carry or firearm identification card in the control or possession of said defendant. Any violation of such orders shall be punishable by a fine of not more than $5,000 or by imprisonment for not more than 21/2 years in a house of correction, or by both such fine and imprisonment.Any defendant aggrieved by an order of surrender or suspension under this section may petition the court that issued such suspension or surrender order for a review of such action and such petition shall be heard not later than 10 court business days after the receipt of the notice of the petition by the court. If said license to carry or firearm identification card has been suspended upon the issuance of an order issued pursuant to sections 5 or 6, said petition may be heard contemporaneously with the hearing under the second sentence of the second paragraph of section 5. Upon the filing of an affidavit by the defendant that a firearm or ammunition is required in the performance of the defendant's employment and, upon a request for an expedited hearing, the court shall order said hearing within 2 business days of receipt of such affidavit and request but only on the issue of surrender and suspension pursuant to this section.