Animal Possession Ban (Massachusetts)

The Animal Legal Defense Fund supports this bill.

Sponsors: Sen. Mike Moore (D-Second Worcester), Rep. Tram Nguyen (D-18th Essex), & Rep. Vanna Howard (D-17th Middlesex)

Introduction Date: Introduced in the 2025-26 legislative session

An Act Relative to a Temporary Possession Ban of Animals for Animal Abusers (H.1914/S.1207) would prohibit a person convicted of certain serious animal cruelty crimes — including torture, mutilation, and dogfighting — from owning, adopting, or fostering an animal for at least five years after their release from custody for a first offense and at least 15 years for a second or subsequent offense. To protect animals, courts would have the discretion to consider each case individually and to consider establishing a possession ban for certain other animal-related offenses.

This legislation would also establish a petition process wherein a person with a “possession ban” may appeal the ban duration if they can demonstrate rehabilitation in a number of specific ways, including that they do not present a danger to animals, they have the ability to properly care for an animal, and they have successfully completed relevant classes and counseling deemed sufficient by the court.

To facilitate enforcement, this legislation would require courts to notify relevant authorities — e.g. animal control officers, municipal dog licensing officials, special state police officers with the MSPCA and Animal Rescue League of Boston — of the duration of a possession ban.

As of 2024, over 40 states and four territories have possession ban laws. 20 states have mandatory post-conviction possession ban laws and 22 have permissive possession ban laws. However, like Massachusetts, some of those are limited to animal sexual abuse; others are more comprehensive.

Additionally, this legislation would also direct certain funds to the Homeless Animal Prevention and Care Fund (“Mass Animal Fund”), including any fines assessed as a result of the violation of a possession ban — a deterrent available at the court’s discretion. The Mass Animal Fund provides spay, neuter, and vaccination services to animals in need, including homeless dogs and cats and those that live with families who cannot otherwise afford those services.

Why is this legislation important?

Current Massachusetts law prohibits individuals from working with animals after an animal cruelty conviction as well as certain types of control over animals after an animal sexual abuse conviction. However, the law does not uniformly address ownership of and access to animals after the most egregious animal crimes — animal cruelty, sexual abuse, and animal fighting. Additionally, it does not address the practical reality of the adjudication of these and other animal-related violations and the large number of cases resolving in dispositions that are not convictions, such as convictions without a finding (CWOFs) for felony cruelty, where a possession ban may still be warranted. This leaves a legal gap that can lead to recidivism and needless suffering for animal victims.

This bill would complement Massachusetts’ strong animal protection laws by providing an additional tool to help prevent cruelty in communities. In fact, the legislatively-created Animal Cruelty Task Force recommended in its 2016 report that the legislature consider such a provision. Possession bans not only help prevent cruelty to animals, but also assist in saving local agencies and shelters resources. (Large-scale cruelty cases can cost hundreds of thousands of taxpayer dollars during lengthy trials.) They also offer law enforcement officials an additional tool to monitor and quickly intervene to protect at-risk animals and prevent animal abuse in their communities. Moreover, possession bans are one of the most effective ways to ensure a person convicted of animal cruelty does not reoffend.

Learn more about possession bans.

For more information about animal protection legislation in Massachusetts and opportunities to take action for animals, visit aldf.org/massachusetts.