Posted on 09/08/2008 10:38:57 AM PDT by pabianice
Katrina Bill Enactment Held Up - Sept. 8, 2008
As GOAL members are aware, the Massachusetts version of the Katrina legislation S.1401 "An Act Prohibiting the Confiscation of Lawfully Owned Firearms During the State of Emergency", was engrossed by the House and Senate in the final hours of the formal session. We did inform our members that the bill would still need to be enacted during an informal session and that enactment is normally a formality, but we would have to watch it closely. Under the rules of the legislature, during an informal session it only takes one legislator to object to any action being taken.
We regret to report to our members that the enactment of S.1401 has been held up. Several legislators have reported to us that the Mass. Chiefs of Police Association has been lobbying hard to have the bill stopped.
The Chief's Association has given several reasons why they believe the bill should not be passed. The following are some of those reasons that have been passed on to GOAL:
The penalties in the bill are a felony and if an officer were convicted under it they would never be allowed to serve as a law enforcement officer again.
What if an officer is acting under their best judgment?
The bill would prevent an officer from confiscating firearms under a protection order.
This bill would prevent Chiefs from revoking licenses.
This bill would prevent officers from confiscating firearms from those committing crimes.
"None of these so-called concerns over the bill are legitimate," said Jim Wallace, Executive Director of Gun Owners' Action League. "The legislation was clearly written to cover lawfully owned firearms. You can't lawfully possess a firearm under a protection order or in the commission of a crime. As for an officer acting under their best judgment, why would they be confiscating a firearm from someone they haven't arrested? You certainly are not in lawful possession if you are under arrest. We have one of two things happening here. Either this is a political tactic to wait until the formal legislative session is over so no one actually has to go on record as voting against it or the Massachusetts firearm laws are so complicated that even the Police Chiefs are having difficulty interpreting what a lawfully owned firearm is."
GOAL is urging our members to contact the House Speaker’s Office (617-722-2500) and the Senate President’s Office (617-722-1500) and ask them to enact S.1401. Georgia, Alaska, Idaho, Florida, Kentucky, Louisiana, Michigan, Mississippi, New Hampshire, Oklahoma, South Carolina, Virginia, West Virginia, Missouri, Texas, Arizona, Montana, Tennessee, Nevada, Delaware, Oregon, California, Wyoming, Wisconsin and Utah have all passed this legislation, there is no reason why Massachusetts shouldn't.
GOAL would also suggest that our members contact their local chiefs to ask them what their stance on the bill is and if they have any legitimate concerns.
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Mass Katrina Bill Needs Your Help
Senate Committee on Ways & Means
617-722-1481
With the general budget debates over, on Wednesday, June 4, 2008 the Massachusetts Senate will begin regular formal sessions once again. Now that the Senate will be taking up regular business again, it is time to continue work towards the passage of GOAL's bill S.1401 "An Act Prohibiting the Confiscation of Lawfully Owned Firearms During the State of Emergency". As our members recall this bill was filed as a result of the unlawful confiscation of firearms during the Katrina disaster.
At the end of March this bill was released favorably by the Joint Committee on Public Safety and Homeland Security. The bill now resides in the Senate Committee on Ways & Means. GOAL is urging our members to contact the Senate Committee on Ways & Means and urge them to release S.1401 with a FAVORABLE report. The Committee can be contacted at: 617-722-1481. As always we ask our members to be polite, brief and to the point when contacting the State House.
Members appointed to the committee: Panagiotakos of First Middlesex Brewer of Worcester, Hampden, Hampshire and Franklin Chandler of First Worcester Antonioni of Worcester and Middlesex Augustus of Second Worcester Baddour of First Essex Fargo of Third Middlesex Morrissey of Norfolk and Plymouth Pacheco of First Plymouth and Bristol Resor of Middlesex and Worcester Joyce of Norfolk, Bristol and Plymouth Tucker of Second Essex and Middlesex Wilkerson of Second Suffolk Creem of First Middlesex and Norfolk Spilka of Second Middlesex and Norfolk Knapik of Second Hampden and Hampshire Tarr of First Essex and Middlesex ________________________________________________________________
Update 12/13/2007
GOAL is pleased to announce that the support of S.1401 "An Act Prohibiting the Confiscation of Lawfully Owned Firearms During the State of Emergency" is growing. Today we were forwarded a copy of a letter that will be signed by the entire House Republican Caucus. This letter of support for the measure is being sent to the House and Senate Chairs of the Joint Committee on Public Safety and Homeland Security urging the Committee to report the bill out favorably.
GOAL would like to express our thanks to the House Republican Caucus for supporting this important civil rights bill. This brings the total of supporting legislators to 27. GOAL urges its members to check the list below and see if your local legislators have expressed their support yet.
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GOAL Urges Passing of State of Emergency Bill
With winter approaching and being the time of year that the northeast is most likely to face a state of emergency caused by our weather, GOAL is asking the legislature to pass into law S.1401 - "An Act Prohibiting The Confiscation Of Lawfully Owned Firearms During A State Of Emergency". Filed by Senator Richard T. Moore.
This bill would put in place a law that would prevent government officials from confiscating lawfully owned guns during a state of emergency. It also establishes punishments for any rogue officials that choose to violate the law.
"No reasonable person would say that citizens placed in a state of anarchy caused by a natural or manmade disaster should be forced to give up their only means of protecting their lives and property," said Jim Wallace Executive Director of Gun Owners Action League. "When the looters and killers are breaking into homes looking for food or property to steal and calling the police isn't even an option, it is the government's obligation to ensure that the lawful citizen's are allowed to protect themselves without harassment."
GOAL is urging all of its members to contact their legislators and ask them to support S.1401 by:
Sending a letter to the Joint Committee on Public Safety and Homeland Security asking the Committee to release the bill with a FAVORABLE report.
Forward a copy of that letter to GOAL so we can add their names to the legislators who support preventing the illegal confiscation lawfully owned guns.
Click here to find your legislator.
Bill Text:
AN ACT prohibiting the confiscation of lawfully owned firearms during a state of emergency Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 140 of the Massachusetts General Laws shall be amended by adding the following section;
Section 129E. Prohibiting the confiscation of lawfully owned firearms.
No law enforcement officer, person acting as a law enforcement officer, or other public official shall confiscate or attempt to confiscate any lawfully carried or lawfully owned firearm, rifle or shotgun in this state during a declared state of emergency.
Whoever violates the provisions of this section shall be subject to a civil fine of not less than $500 nor more than $5,000 for each firearm, rifle or shotgun confiscated or by imprisonment in a state prison for not more than ten years or by imprisonment in a house of correction for not more than two and one-half years.
Summary: This bill prohibits law enforcement or government officials from confiscating the “lawfully owned or lawfully carried” guns of citizens during a declared state of emergency.
A few years ago, television coverage during the aftermath of the Rodney King trial showed rioters and looting throughout Los Angeles. Careful observation would show that the rioters stayed clear of certain stores, where shopkeepers who lawfully owned firearms were able to protect their property.
More recently our nation saw first hand the devastation caused by Hurricane Katrina. Adding insult to nature’s injury were the actions of many state and local governments that poorly prepared, failed to issue evacuation orders, and were caught flat-footed by the devastation. One of the most tragic government actions was the confiscation of lawfully owned firearms.
Local law enforcement were going door to door, confiscating firearms, and leaving good people at the mercy of criminals and looters. One TV camera caught on tape an elderly woman having her arm broken as she was thrown to the ground because she questioned the officer’s right to confiscate her firearm. Court action regarding these confiscations is still pending, as the city of New Orleans has been held in contempt of court for failure to return these firearms to citizens.
Also common in photos being circulated around the internet at that time were photos of neighborhoods where groups of people had banded together to share food, water, and protection. Spray-painted signs warned looters to keep away. People evacuated by canoe testified that criminals were ready to take their few belongings away, and that it was only the presence of a firearm, rifle or shotgun that prevented criminals from preying on others.
When civilized government fails, as it does in times of extreme stress, good people are often left without basic services provided by government – water, electricity, and fire and law enforcement service. That is no time to disarm the good people of the commonwealth, as we know the criminal element will thrive in such chaos.
List of Supporting Legislators
House Senate George Peterson (9th Worcester) Richard T. Moore (Worcester & Norfolk) Geraldo Alicea (6th Worcester) Edward Augustus (2nd Worcester) Denis Guyer (2nd Berkshire) Robert Antonioni (Worcester & Middlesex) Frank Hynes (4th Plymouth) Stephen Brewer (Worcester, Hampden, Hampshire and Franklin) Garrett Bradley (3rd Plymouth) Scott Brown (Norfolk, Bristol and Middlesex) Vinny deMacedo (1st Plymouth) Christine Canavan (10th Plymouth) Bradley Jones (20th Middlesex) John Lepper (2nd Bristol) Paul Frost (7th Worcester) Mary Rogeness (2nd Hampden) Fred Jay Barrows (1st Bristol) Lewis Evangelidis (1st Worcester) Susan Williams Gifford (2nd Plymouth) Robert S. Hargraves (1st Middlesex) Donald Humason (4th Hampden) Jeffrey Perry (5th Barnstable) Karyn Polito (11th Worcester) Todd Smola (1st Hampden) Bradford Hill (4th Essex) Paul Loscocco (8th Middlesex) Elizabeth Poirier (14th Bristol) Richard Ross (9th Norfolk) Daniel Webster (6th Plymouth)
Confiscarting weapons when the people need them the most.
I have not heard but I’m hoping the Heller decision will render much of the nonsense that is the Mass gun laws would be invalidated. I’d financially support somebody fighting a test case. If it’s a constitutional right, why do I have to pay to legally possess firearms?
No offense, but this is what you get for living in Massachusetts.
It’s not like you don’t KNOW you’ll be dealing with Massholes.
good luck with it but I am so happy to have got out of that state.
Since I got out I now have a SIG P229, carry it nearly everywhere and know if someone comes in to my house or tries to hurt any of my family I can shoot them due to the castle law.
In Ma when my neighbour got broken into the cop told me that I should not do anything if they come to my house or towards me even if I hit them with a bat as I would be up on charges .
Again good luck
my wife is from there and we lived there for a bit
I hated it, then I heard that homosexual marriage was forced on the people, then the people got enough signatures for the question to be on the ballot.
The legislature did not let the public vote on the issue
so much for no taxation without representation.
One mate up there told me that it was time for another Boston tea party but this time it is to throw the homosexuals and elected offcials into the water not the tea
We upped and left knowing our vote was worthless anyway and that is when we are allowed to vote on issues.
The homosexual lobby groups, the special interests run that state with the corrupt elected officials.
My advice for all republicans especially conservatives is to get out and if they need to be near family who stay in MA then move to NH and make that state a firm red state.
My Mother’s family is ALL from Southeasern Mass.
It is a strange and depressing place to visit, especially if you are from the south, as I am.
I truly cannot understand why ANYONE would live in the eastern part of that state (where my family resides). Even THEY cannot axplain what keeps them there, but they cannot/will not leave and move to a better place.
Wasn’t it Bobby Jindal that said it’s a crying shame that this law even needs to be passed in the first place?
It is depressing and let the liberals stay there .
Where I live we have had too many of them move into the southern part of the state.
My wife just asked me this morning and said do I want to go up there and see her mother at Thanksgiving .
I said no straight away , not about seeing her mum but going to MA I just hate it as soon as I go past VA
I moved my family to the south, she found the people take you for who you are and are not elitist like many of the liberals in Boston, Cambridge etc.
The politics suit us in the south from lower taxes,the way of life to castle law, to 2nd amendment etc etc etc etc etc etc etc
My wife from MA calls herself an adopted southerner as do all the neighbours here.
Trouble is everyone I know seems to moan about their state in MA and yet still stay there and if they are liberal then they can stay there.
Don’t move south please.
at a guess but I wait to be corrected there must be over 100,000 republicans and must be 50,000 conservatives there so why not all of them move to NH and make it a red state permanently.
I think it is ingrained into people in MA?(not all but most) to vote for the Dems, not think about it, they stay there and do not know why .
They all moan about everything there yet still vote for the Dems
it leaves me speechless
I could really go on about that state and the north east minus NH but I won’t
Congress outlaws gun confiscation during disasters or emergencies:
Precisely. And this is why it needs to be a federal law with felony penlaties, like most other federal civil rights protective legislation.
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