An Act relative to the reckless discharge of firearms


Lead Sponsor: Representative Marjorie C. Decker 
 

Impetus
Gun violence creates grave risks not only to the intended targets but to innocent people who live, work, travel in and near the scene of such violence. There is presently no ability to charge someone who fires a gun in such a situation with a crime that reflects the risk.

Need

  • Our criminal laws punish those who fire weapons with intent to kill or murder a specific target or who fire weapons to threaten or to compel another to comply with the shooter's demands. Our laws punish those who injure another by intentional use of these weapons. Our laws fall short where one or more people fire a weapon without regard for the safety of those who are close by, and who are put at risk by the reckless or highly dangerous use of deadly force.

Legislative Fix

  • This Bill provides a new felony offense, similar to G.L. c. 265, § 13A(b), assault and battery that causes serious bodily injury, and less punitive than G.L. c. 265, § 15A, assault and battery that causes serious bodily injury by means of a dangerous weapon. These existing offenses require proof that the shooter intended to commit a battery, i.e., targeted the person injured by the shooting. The Bill will add an offense that does not require an intent to commit a battery or an intent to kill or assault by shooting. The Bill will punish the shooter who acts “without regard for the risk of serious bodily injury to another” but who shoots intentionally or recklessly and “hereby causes a substantial risk of serious bodily injury."