§ 10J — Breaking and entering building, ship, vessel or vehicle to steal firearm; penalty

Section 10J. (a) Whoever in the nighttime or the daytime breaks and enters a building, ship, vessel or vehicle to steal a firearm shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $10,000, or by both such fine and imprisonment.(b) Whoever in the nighttime or the daytime breaks and enters a building, ship, vessel or vehicle to steal a firearm to distribute to a prohibited person, as defined in section 131 of chapter 140 shall be punished by imprisonment in the state prison for not more than 10 years or by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $10,000, or by both such fine and imprisonment.(c) Whoever in the nighttime or the daytime breaks and enters a building, ship, vessel or vehicle to steal a firearm and in the process causes injury of another shall be punished by imprisonment in the state prison for not more than 10 years or by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $10,000, or by both such fine and imprisonment.Any motor vehicle lawfully owned or operated by any person convicted pursuant to this section shall be forfeited pursuant to section 24W of chapter 90. All proceeds from the auction of the vehicle shall be deposited into the Public Safety Training Fund established under section 2JJJJ of chapter 29.