(BOSTON – 7/19/2024) Yesterday the Massachusetts Legislature passed a firearm safety reform bill that
represents an ongoing effort by the legislature to tighten the scope of acceptable gun use and to limit gun violence overall. A bill introduced by Senator Edward J. Kennedy and integrated into the passed legislation as Section 12G of S.2584 is the first in the Commonwealth to target intentional shootings at residential properties and dwellings.
The amendment filed by Senator Kennedy in partnership with Middlesex County District Attorney Marian Ryan states that individuals who intentionally shoot at a dwelling or building with a firearm shall face consequences of 2.5 to five years in state prison and/or up to a $10,000 fine. This fills a gap in the legislation that previously made it difficult to press charges, as no statute specifically addressed discharging a firearm at a dwelling. Previously, prosecutors have been forced to charge a defendant with inexact alternatives. Senator Kennedy filed the bill regarding shooting at dwellings in response to ongoing gun violence of that nature in Lowell, MA. There were more than 70 instances of shots being fired at dwellings in Lowell from 2018 to 2022.
Senator Kennedy previously testified on the matter in front of the Joint Committee on the Judiciary that “while the issue of discharging firearms at homes weighs on the minds of residents across the Commonwealth, particularly in our cities, Massachusetts laws do not adequately prosecute those who have committed these crimes.”
“There have been far too many instances of shots being fired at dwellings in Lowell over the past five years that have been difficult to prosecute in court,” Senator Kennedy said today.
District Attorney Ryan is a staunch proponent of the amendment.
“In just the past few weeks nearly 100 shell casings have been left behind on our streets, sidewalks, and in our parks. They are the reminders of brazen acts of gun violence. In several cases, the bullets from those casings were found lodged in the walls of occupied bedrooms, kitchens, and living rooms. Used as a tactic to threaten and intimidate, these attacks put the occupants of the home in grave danger and terrorize our communities. I am grateful for the partnership of Senator Kennedy which has resulted in having the Legislature include the language of the bill we jointly proposed to specifically address discharging a firearm at a dwelling house in their compromise bill which has been sent to the Governor’s desk. We will now be able to effectively charge and prosecute these acts,” said District Attorney Ryan.
Representative Rady Mom filed an identical bill in the House.