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I’m not clear on this new restriction. Despite being trapped in Massachusetts, at least we have GOAL, the Gun Owners Action League.

Believe it or not, although I could be mistaken, I believe the bill that passed the legislature is a net gain for MA gunowners, and had it not been for GOAL, it would have been a disaster.

If I have it right, what this refers to is that a police chief can now prevent someone from getting an FID card, which is required to buy a rifle or shotgun. However, the way the below e-mail reads, instead of just a flat denial, the chief has to go to court and prove the applicant is unsuitable.

On top of that, laws around a license to carry (LTC) seem to have improved, whereby instead of a simple denial by a chief, the applicant for the first time has the right to appeal a denial in district court, and the Chief has to defend the denial, whereas before the applicant had no course of action.

Trust me, I still can’t stand MA draconian laws including the “consumer protection” laws that prevent many handguns from being sold here, but if you read this e-mail, thanks to GOAL, gunowners of MA made a good leap forward.

One final example... Until now you had to get the FID card to buy pepper spray. I think MA was only state in US with that requirement. Now if you are 18 you can buy over the counter. As you read the list below you’ll see how crazy the laws already were and I’m pretty happy at the outcome.

Here is the e-mail I got yesterday.

H.4376 One Step From Becoming Law.
Bill awaits Governor Patrick’s Signature.

Dear Members,

First off, we would like to thank you for all of the unprecedented hard work in communicating a strong and clear message to our legislature. Over the last 10 weeks we have overwhelmed state house phone lines, emails and mailboxes and we were heard. In a rapidly evolving legislative climate you did an amazing job staying current and on message.

Going back to the genesis of this fight, Speaker DeLeo’s H.4121, the bill we faced on May 27, 2014 was drastically different from what was passed yesterday. It literally went from being a gun control bill to being a crime control bill. Some of the many anti Second Amendment provisions that we stopped included a renewed ban on modern sporting rifles and one gun a month legislation. There are no new magazine or gun bans passed in this legislation.

We were also able to pass many good provisions including a fix of the 90-day grace period in regard to license renewals, elimination of LTC B’s, and legalization of pepper spray.

We were successful in stopping many negative and onerous articles and amendments.

The original bill would have criminalized private sales of firearms between licensed individuals.
This section was struck and private sales remain legal.

The original bill would have applied a “suitability” clause to the issuance of FID cards. This was modified so that the licensing authority now has to prove in court that the applicant is unsuitable. For the first time ever in MA, the burden of proof is upon the licensing authority.

The original bill would have made an FID applicant list a “reason” for applying. This was struck from the legislation.

The original bill would have given the licensing authority the ability to place restrictions on FID cards. This was struck from the legislation.

The original bill had very onerous language regarding confiscated/seized firearms. We were successful in getting that removed.

The original bill would have drastically increased penalties for improper firearms storage, we were successful in removing this language.

The original bill would have granted even more power to the MA Chiefs of Police and EOPSS to determine what unsuitability is. We were successful in removing this language

The original bill would have penalized licensees for not renewing early. We were able to remove this language.

The original bill would have given the MA Attorney General unprecedented power over which firearms can be purchased in MA. (EOPSS list). We were successful in removing this language.

The original bill would have given the Colonel of the State Police power to define the curriculum for firearms safety training programs and to determine suitability of trained instructors. We were successful in removing this language.

The original bill would have forced hunter’s safety courses and firearms safety courses to include a module on suicide prevention. This was amended so that the state will now provide hand out materials for the teachers.

We were able to defeat a Senate amendment which would have added one gun a month legislation.

We were able to defeat a Senate amendment which would have added a renewed AWB ban

H.4376 Accomplished many positive things for Massachusetts gun owners including:

Juniors:

Critical training language correction for juniors, this now allows trainers to provide firearms to junior shooters and hunters with parental consent

Allow juniors to apply for their FID card a year early (age 14) and receive their card at 15.

Pepper Spray:

Person over the age of 18 will no longer need an FID card to purchase pepper spray

15-17 year old can still possess - but must have an FID card

FID:

Chiefs must first petition the court to deny someone his/her FID card.

Because it is in the courts, it gives GOAL and others the ability to track what Chiefs are doing

Both licenses:

The term “prohibited person” is now being used for both licenses - instead of “suitable”

This change in the language provides a much need change in framework around whom is prohibited

The 90 day grace period - license renewal issue was fixed. Gun owners will now receive a receipt upon renewal, which makes the license valid until the new license is received.

Mental Health:

Added language so that people who voluntary seek mental health help will not be listed as a prohibited person

Olympic-style Handguns:

There will be exemptions for the sale of Olympic-style handguns in the Commonwealth

They were previously not legal to transfer by licensed dealers in the Commonwealth.

Curios and Relic Collectors:

Collectors can now purchase handguns and firearms that may not comply with the approved firearms roster

Online portal:

Created online portal for face-to-face transfers, preserving private sales

LTC:

The Class B License was eliminated; going forward there is only one License to Carry. (LTC).

Chiefs now have to put denials in writing

For the first time, gun owners can appeal their LTC restrictions in District Court - now the burden of proof is on the police chief to defend the denial or restriction in District Court and in writing

Confiscation:

We added language that if your firearms get confiscated that the licensing authority shall at that time inform the person in writing of their ability to transfer their firearms to an independent licensed individual

Lost & Stolen Firearm:

GOAL put in language so that a person who, in good faith, reports their firearm as lost or stolen - this shall not make them considered a prohibited person - period.

Military Personnel:

We extended the time period an active duty military member has to become licensed, or renew their license from 90 to 180 days.

We exempted active duty military members from having to take the mandatory gun safety training classes

Once again, we would like to thank all of you for all of the hard work. With your help we changed the tenor of the bill away from being an all out assault on lawful gun owners.

GOAL