Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Massachusetts: “Gun Control” Bill Passed State House, Sent to Senate

Wednesday, July 9, 2014

Unfortunately, the Massachusetts House of Representatives today passed House Bill 4278, a watered-down version of House Bill 4121, by a 112 to 38 vote.  While concessions were made and the NRA was able to scale back some of the anti-gun aspects, H.4278 still contains provisions which will directly and adversely affect your constitutional right to keep and bear arms.  As previously reported, this bill has already had multiple redrafts and was not given adequate time for review from stakeholders and policy makers.  Considering the draft of H.4278 was circulated late last night and became available to all stakeholders early this morning, it would be a wonder if many state Representatives even read it at all.

While H.4278 has been significantly improved in many areas, perhaps the bill’s most egregious provision, which gives issuing authorities discretion to deny firearm identification cards, remains in the current version of the House-passed bill.  This discretionary provision has been somewhat limited compared to prior versions to require that the issuing authority can show “reliable and credible information that the applicant or card holder has exhibited or engaged in behavior that suggests the applicant or card holder could potentially create a risk to public safety if issued a card; or (ii) existing factors that suggest that the applicant or card holder could potentially create a risk to public safety if issued a card.”

While an improvement over prior versions of this bill that would have given essentially unfettered discretion to issuing authorities to deny applicants or renewal applicants, it isn’t difficult to imagine how this provision will be abused if H.4278 becomes law.  For example, a government official with a personal grudge against an applicant or an opposition to individual gun ownership could use almost any “bad” conduct in an applicant’s past to deny the applicant, which might include any number of menial acts that wouldn’t normally prohibit a person from possessing a firearm.  Simple speeding tickets might be enough to show that a person “has exhibited or engaged in behavior that suggests the applicant or card holder could potentially create a risk to public safety . . . .”  Like current law, denials of a FID card would be reviewable by a court, however, because the bill does not include a standard for review of a denial under the new discretionary provision, a court would likely review those decisions under a very deferential “abuse of discretion” standard, which, in layman’s terms means that very few discretionary denials would likely be overturned.

Some of the other misguided provisions include new requirements which will create problems for hunter education courses and requirements that Massachusetts submit unnecessary records to NICS, including records of individuals who are NOT prohibited from possessing a firearm under state or federal law.

While H. 4278 does include some positive provisions, such as fixing the process for renewing both FID and LTC (License to Carry) cards, for the aforementioned reasons, the NRA remains opposed to this bill.  It is critical that you contact your state Senator and urge him or her to oppose H. 4278 in its current form.

Please also contact your state Representative and urge him or her to advocate for elimination of these misguided components in the state Senate.

Click here to identify who represents you.

TRENDING NOW
National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

News  

Friday, January 13, 2017

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

On January 3rd, Congressman Richard Hudson (R-N.C.8th) introduced H.R. 38, the Concealed Carry Reciprocity Act of 2017, which simply allows lawful firearm carriers from any state to carry a concealed firearm in any other state. The bill ...

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

News  

Friday, January 13, 2017

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

On Monday, Sen. Mike Crapo (R-ID) – joined by co-sponsors Sens. Jerry Moran (R-KS) and Rand Paul (R-KY) – introduced S. 59, the Hearing Protection Act of 2017 (HPA). Similar legislation was introduced in the ...

Supreme Court Asked to Review California’s Restrictive Carry Regime

News  

Friday, January 13, 2017

Supreme Court Asked to Review California’s Restrictive Carry Regime

On Thursday, the NRA-supported case Peruta v. California took an important step towards restoring the right to bear arms in California.  The plaintiffs in the case, California gun owners and the California Rifle and Pistol ...

The NRA Bids Farewell to Roy Innis, Civil Rights Champion: June 6, 1934 – Jan. 8, 2017

News  

Friday, January 13, 2017

The NRA Bids Farewell to Roy Innis, Civil Rights Champion: June 6, 1934 – Jan. 8, 2017

America lost a civil rights icon and a true free thinker with the death of Roy Innis on Jan. 8. For the NRA, his departure was personal. Mr. Innis served on the NRA’s Board of ...

Jeff Sessions’ Devotion to the Constitution Shines Through in Contentious Confirmation Hearing

News  

Friday, January 13, 2017

Jeff Sessions’ Devotion to the Constitution Shines Through in Contentious Confirmation Hearing

On January 10 and 11, the U.S. Senate Judiciary Committee held the confirmation hearing for President-elect Donald Trump’s nominee for United States Attorney General, Sen. Jeff Sessions (R-Ala.). Throughout his distinguished career in public service, ...

Alert: WA State Proposes Draconian Gun Ban Bills

News  

Friday, January 13, 2017

Alert: WA State Proposes Draconian Gun Ban Bills

Inspired, perhaps, by Oscar Wilde (“Moderation is a fatal thing. Nothing succeeds like excess”), Washington State Attorney General Bob Ferguson has announced two new sweeping gun control bills, with Sen. David Frockt (D-Seattle) and Rep. ...

Increase in Violent Crime: National Trend Driven by Local Politics?

News  

Friday, January 13, 2017

Increase in Violent Crime: National Trend Driven by Local Politics?

The FBI released its Preliminary Semiannual Uniform Crime Report earlier this week and the bad news is that violent crime increased for the second consecutive year.

NRA Applauds the Introduction of the Hearing Protection Act, H.R. 367

News  

Hunting  

Monday, January 9, 2017

NRA Applauds the Introduction of the Hearing Protection Act, H.R. 367

FAIRFAX, Va. – The National Rifle Association Institute for Legislative Action (NRA-ILA) applauded Congressmen Jeff Duncan (SC) and John Carter (TX-31) on Monday for introducing the Hearing Protection Act, an important bill that gives gun owners and sportsmen ...

Gun Shy Professor Claims Need to Counter Campus Carry

News  

Friday, January 6, 2017

Gun Shy Professor Claims Need to Counter Campus Carry

Do you look back on your college years and remember the impassioned debates, when disagreements over the Periodic Table of Elements, theories of supply and demand, or the status of Pluto as a planet could ...

New Mexico Legislature Convenes Next Week - Make Your Opposition Known to Pre-Filed Gun Control Bills SB 48 and HB 50

Thursday, January 12, 2017

New Mexico Legislature Convenes Next Week - Make Your Opposition Known to Pre-Filed Gun Control Bills SB 48 and HB 50

The New Mexico Legislature convenes for its 2017 Regular Session on Tuesday, January 17.

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.