A new bill that aims to change Massachusetts’ firearm laws is sparking controversy between legislators who are pushing for safer gun laws and gun ownership groups who say the bill goes too far and violates Second Amendment rights.
Bill HD.4420, titled, “An Act Modernizing Firearm Laws,” is a 140-page proposal that aims to, “stem the flow of illegal firearms into the Commonwealth” by modernizing and reforming the state’s gun laws.
“The licensing laws that we have on the books work, right? We’ve got the lowest rate of gun deaths in the continental U.S. of all gun deaths,” state Rep. Michael Day, the Stoneham Democrat who proposed the bill, told the State House News Service. “The rate of gun deaths is still increasing, as they are nationwide, and Massachusetts isn’t immune to that.”
Specifically, the bill would require a police officer to conduct a personal interview with anyone seeking to apply for a gun license. It would also prohibit those subject to a harassment prevention order or those who pose a risk to public safety or themselves from obtaining a gun license.
Tracking down “ghost guns,” or unregistered firearms, is another area of focus for the bill. Day told the State House News Service that between 2019 and 2021, the Boston Police Department reported a 280% increase in untraceable guns from the streets.
If passed, the bill would create a database that tracks guns used in crimes, surrendered or taken by law enforcement.
Another section makes explicit a prohibition on carrying firearms in schools, colleges, government buildings or any private place where a resident hasn’t given consent, according to the State House News Service.
It would also ban carrying a firearm while intoxicated.
The bill was proposed to ensure that Massachusetts’ gun laws align with last year’s U.S. Supreme Court ruling that struck down a concealed-carry law in New York and in other states with similar laws.
Prior to the ruling, New York had required residents to show proper cause, or an actual need, to carry a concealed handgun in public for self-defense, according to the Associated Press.
However, the 6-3 ruling from the Supreme Court found that New York State’s requirement was unconstitutional. Justice Clarence Thomas, who delivered the majority opinion, said the state was preventing citizens from exercising their Second Amendment rights, CBS reported.
“The constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees,’” Thomas wrote. “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.”
Massachusetts law requires those who seek a license to carry to show “good reason to fear injury” to themselves or their property “or for any other reason,” including “for use in sport or target practice only,” the AP reported.
However, Day’s proposal for Massachusetts would strike this language that the Supreme Court has found “unconstitutional,” according to the AP.
Although House Speaker Ron Mariano planned to consider the bill before state lawmakers broke for their summer vacation, he is now aiming to bring the measure up again this fall.
“While the House’s commitment to pursuing a comprehensive update remains steadfast, a new legal landscape will be the greatest threat to those efforts. That is why the House believes that we must thoroughly evaluate all of the proposals made in [the legislation] over the Summer, and that House Members must have the chance to continue to speak with their constituents and provide feedback,” Mariano wrote in a message obtained by State House News Service. “House leadership will continue to work on the bill until it is ready for debate this Fall.”
Ruth Zakarin, executive director of the Massachusetts Coalition to Prevent Gun Violence, said the bill is a sign of “forward motion,” according to the State House News Service.
“What’s jumping out at me is how comprehensive it is. There was some real attention on having a comprehensive response to gun violence in the commonwealth,” Zakarin told the State House News Service. “We know that gun violence, being such a complex issue, there is no one policy or one fix that is the answer to how we best prevent gun violence. It takes a complex response. What I am most responding to right now is how comprehensive and how many topics are covered within the 141 pages of the bill.”
The Gun Owners Action League, a nonprofit gun ownership advocacy group in Massachusetts, is vehemently against “An Act Modernizing Firearm Laws.” The group has even labeled the legislation as “The Lawful Citizens Imprisonment Act” on its website.
“The gun laws are already so convoluted and complex that it is extremely difficult for the average citizen to comply with them,” said Jim Wallace, the executive director of GOAL told the State House News Service. “The newly proposed language will add a finality to that as it will now be virtually impossible. There will be no way to exercise our [Second Amendment] civil rights in Massachusetts without risking arrest and prosecution.”
