Chapter 140: Section 131L. Weapons stored or
kept by owner; inoperable by any person other than owner or lawfully
authorized user; punishment.
Section 131L. (a) It
shall be unlawful to store or keep any firearm, rifle or shotgun including,
but not limited to, large capacity weapons, or machine gun in any place
unless such weapon is secured in a locked container or equipped with a
tamper-resistant mechanical lock or other safety device, properly engaged so
as to render such weapon inoperable by any person other than the owner or
other lawfully authorized user. For purposes of this section, such weapon
shall not be deemed stored or kept if carried by or under the control of the
owner or other lawfully authorized user.
(b) A violation of this section
shall be punished, in the case of a firearm, rifle or shotgun that is not a
large capacity weapon, by a fine of not less than $500 nor more than $5,000
or by imprisonment for not more than one year, or by both such fine and
imprisonment, and in the case of a large capacity weapon or machine gun, by
a fine of not less than $1,000 nor more than $10,000 or by imprisonment for
not less than one year nor more than ten years, or by both such fine and
imprisonment.
(c) A violation of this section
shall be punished, in the case of a rifle or shotgun that is not a large
capacity weapon and such weapon was stored or kept in a place where a person
under the age of 18 who does not possess a valid firearm identification card
issued under section 129B may have access without committing an
unforeseeable trespass, by a fine of not less than $1,000 nor more than
$10,000 or by imprisonment for not less than one year nor more than ten
years, or by both such fine and imprisonment.
(d) A violation of this section
shall be punished, in the case of a rifle or shotgun that is a large
capacity weapon, firearm or machine gun was stored or kept in a place where
a person under the age of 18 may have access, without committing an
unforeseeable trespass, by a fine of not less than $5,000 nor more than
$10,000 or by imprisonment for not less than two and one-half years, nor
more than ten years, or by both such fine and imprisonment.
(e) A violation of the
provisions of this section shall be evidence of wanton or reckless conduct
in any criminal or civil proceeding if a person under the age of 18 who was
not a trespasser or was a foreseeable trespasser acquired access to a
weapon, unless such person possessed a valid firearm identification card
issued under section 129B and was permitted by law to possess such weapon,
and such access results in the personal injury to or the death of any
person.
(f) This section shall not
apply to the storage or keeping of any firearm, rifle or shotgun with
matchlock, flintlock, percussion cap or similar type of ignition system
manufactured in or prior to the year 1899, or to any replica of any such
firearm, rifle or shotgun if such replica is not designed or redesigned for
using rimfire or conventional centerfire fixed ammunition.
