MA Governor Deval Patrick submits anti-gun bill 1/16/2013


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Librarian
January 17, 2013, 01:39 AM
Surprised this hasn't appeared here yet - picked up over at TFL.

January 16, 2013
To the Honorable Senate and House of Representatives:
I am filing for your consideration legislation entitled “An Act To Strengthen and Enhance Firearms Laws in the Commonwealth.” Both proactively, and in the wake of too many tragedies, I have filed legislation tackling the problem of gun violence and illegal firearm possession. We can no longer allow gun violence to permeate our communities, and we must cease the incalculable pain it causes families of victims in the Commonwealth and throughout the nation.
This legislation echoes my commitment to gun safety, and includes the following provisions:
• It brings Massachusetts into compliance with the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007, a federal law passed in the aftermath of the Virginia Tech shooting tragedy. It will require that the courts transmit all required mental health adjudications and orders to the state’s criminal justice information system to be provided to the Attorney General of the United States for the purpose of firearms licensing only. The legislation also creates a federally mandated relief from disabilities program, which allows individuals who have mental health disqualifications to once again become eligible for gun ownership by showing that they are not likely to act in a manner dangerous to public safety.
• It creates four new crimes: assault and battery by means of a firearm, assault by means of a firearm, being a felon in possession of a firearm, and commission of a violent misdemeanor while in possession of a weapon. These crimes will give police and prosecutors additional tools to protect the community from those who possess and use guns in a crime. Further, the bill increases the authorized minimum penalties for third and fourth offenses of illegal possession and carrying of firearms, shotguns, rifles, and machine guns, and increases the maximum punishment for a second offense. The bill also amends existing law addressing weapons on school grounds by creating tiered punishments for possessing weapons on school property and gives police the authority to arrest without a warrant in order to quickly diffuse a situation on school property.
• It amends the Commonwealth’s “criminal enterprise” statute to target broader illegal activity committed by traditional and non-traditional criminal enterprises and organizations, including street gangs and large-scale drug and human trafficking groups. It amends the state wiretap statute to allow law enforcement to utilize electronic surveillance as a tool to investigate and prosecute street gangs, even when there is no connection to traditional organized crime.
• It reduces access to high-powered rounds of ammunition.
• It better tracks weapon sales by (1) requiring dealers at organized gun shows to connect to the Massachusetts Instant Record Check System (MIRCS) when conducting a sale of a firearm; and (2) requiring private sales of firearms to occur at the business of a licensed dealer so that the sale can be tracked electronically.
• It limits gun buyers to one firearm purchase per month and prevents the furnishing of a machine gun to any person under 21 years of age.
• Finally, this bill would allow a rebuttable presumption that an individual charged with a felony involving firearms and physical force is dangerous for purposes of pretrial detention.
I urge your prompt consideration and enactment of this bill to help stop the terrible tragedy of gun violence in our Commonwealth. I look forward to working with the legislature on this effort.

text of legislation at the link: http://www.mass.gov/governor/legislationeexecorder/legislation/an-act-to-strengthen-and-enhance-firearms-laws.html

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peyton
January 17, 2013, 02:14 AM
Another state sinking into the morass!!

col_temp
January 17, 2013, 04:36 AM
I think we should limit this governor to one suggestion per term. And one security guard per month. and one....

guyfromohio
January 17, 2013, 06:02 AM
Other than 1 gun per month, am I missing the atrocities? Didn't look too bad to me.

lcambre
January 17, 2013, 08:16 AM
I followed the link and saw these in the text:
SECTION 6. Said section 121 of chapter 140 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 57-62, the words “a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31) as appearing in such section on September 13, 1994.” and inserting in place thereof the following words:- containing more than seven rounds of ammunition; or (iii) obtained after the effective date of this act and capable of accepting, or that can be readily restored or converted to accept, more than seven rounds of ammunition.

SECTION 24. Said section 131M of chapter 140 of the General Laws, as so appearing, is hereby further amended by striking out, in line 3, the word “1994.” and inserting in place thereof the following words:- 1994; or (ii) a large capacity feeding device that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; or (iii) a large capacity feeding device that such person lawfully possessed before the effective date of this act that has a capacity of, or that can readily be restored or converted to accept, more than seven but no more than ten rounds of ammunition, where such device contains more than seven rounds of ammunition.”

SECTION 25. Said section 131M of chapter 140 of the General Laws, as so appearing, is hereby further amended by adding the following paragraph:-

Any large capacity feeding device that has or can readily be restored or converted to accept more than ten rounds of ammunition that was legally possessed by an individual prior to the enactment of this act must be sold or otherwise lawfully disposed of within one year of the act’s effective date. Such large capacity feeding devices may only be sold or disposed of to a purchaser authorized to possess such weapons.

HOOfan_1
January 17, 2013, 08:23 AM
Other than 1 gun per month, am I missing the atrocities? Didn't look too bad to me.

Requiring private sales to be done by an FFL....

The above retroactively banning magazines. I wonder how many people in MA, would ignore that retroactive ban?

Not to mention all the stupid new "crimes involving guns"

A crime is a crime whether they involve a gun or not....how about we force the stupid justice system to stop the revolving door?

I don't know about MA being another state sinking...they have already sunk.

chipcom
January 17, 2013, 08:33 AM
Other than 1 gun per month, am I missing the atrocities? Didn't look too bad to me.
So you wouldn't mind having to sell your jewelry or lawnmowers or any other of your personal possessions on the premises of some licensed dealer, so the transaction could be archived and tracked, right? And don't forget, you get to pay a fee for the privilege too.

wojownik
January 17, 2013, 08:52 AM
You need to read the rest of the bill, as seen in the web link the OP posted. MA is following NY's lead -

SECTION 6. Said section 121 of chapter 140 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 57-62, the words “a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31) as appearing in such section on September 13, 1994.” and inserting in place thereof the following words:- containing more than seven rounds of ammunition; or (iii) obtained after the effective date of this act and capable of accepting, or that can be readily restored or converted to accept, more than seven rounds of ammunition.

So the Dems in MA and NY are ramming a cute little scheme, to attempt to disarm the populace (disarm in the sense that they know full well that most semi-auto mags come in 10+ round configurations). As Blackadder would say ""I have a plan so cunning you could stick a tail on it and call it a weasel".

I would not be surprised at all if the WH and the Dem governors were closely coordinating this - the WH knows they probably can't get an AWB through Congress, but they could get their toadies in various State Houses to push even more restrictive legislation.

C.F. Plinker
January 17, 2013, 01:14 PM
Doesn't MA already ban magazines with a capacity greater than 10 rounds?

wojownik
January 17, 2013, 01:23 PM
Yes, but this proposed legislation would change that limit to 7 rounds.

alsaqr
January 17, 2013, 01:36 PM
• It creates four new crimes: assault and battery by means of a firearm, assault by means of a firearm, being a felon in possession of a firearm, and commission of a violent misdemeanor while in possession of a weapon.

Whats the deal with this? MA apparently does not presently have laws on the books to prosecute those who commit these crimes. No wonder MA has a reputation of coddling violent criminals while hassling law abiding gunowners.

Hammerdown77
January 17, 2013, 01:39 PM
Limit access to high powered ammunition? Well, guess that means all the 5.56 ammo is safe, but you deer hunters are screwed.

IsoMAcK
January 17, 2013, 05:48 PM
we were already. Shotgun-only state, no rifles allowed for deer.

Prince Yamato
January 17, 2013, 09:16 PM
Let the blue states be their own undoing.

heyjoe
January 17, 2013, 10:34 PM
with the rapidly changing demographics in texas you might be living in a blue state in ten years

razorback2003
January 18, 2013, 01:35 PM
You guys in MA already need a license to even own a gun. Nothing is gained by this.

Try to not go down to seven rounds because it will be hard to find handguns.

Hopefully S&W has enough pull there to keep this junk from happening.

goldie
January 18, 2013, 01:44 PM
(prevents the furnishing of a machine gun to any person under 21 years of age) Please tell me this is not written in this;please :barf:

JERRY
January 18, 2013, 01:54 PM
a socialist cannot hide who they truly are, all it takes is an opportunity for them to show their true colors.....its also not hard to see what northeast politicians believe even without that opportunity.

to be surprised is a gross error in facing the facts.

goldie
January 18, 2013, 02:00 PM
At this rate,Maryland,N.J.,CT,& CA at the very least are going to follow this 7 round crap; i knew it would snowball,what a bad example N.Y. set..

Teachu2
January 18, 2013, 02:15 PM
Limit access to high powered ammunition? Well, guess that means all the 5.56 ammo is safe, but you deer hunters are screwed.
They mean "those with the shiny thingy in the middle of the end away from the pointy one", aka center-fire.

loose noose
January 18, 2013, 02:24 PM
guyfromohio, you sir are exactly why states like New York, New Jersey, Massachusetts, California, and a few others are losing their 2nd Amendment rights!

goldie
January 18, 2013, 02:36 PM
How long before you start seeing those big statues,murals,& images of these governers on walls & buildings like they did in the U.S.S.R., Eastern Europe, & Iraq,to name a few?:cuss:

Trent
January 18, 2013, 03:50 PM
Man this "slippery slope" is getting pretty damned slippery.

Hard to find good news nowadays.

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