Posted on 03/07/2013 8:05:01 AM PST by pabianice
An Act To Strengthen and Enhance Firearms Laws in the Commonwealth
Filed Legislation
Please note: Below you will find the legislation as filed by Governor Patrick. After being filed, bills are sent to the Massachusetts Legislature where they may be amended or altered.
Governor'sFilingLetter pdf format of Act To Strengthen & Enhance Firearms Laws Filing Letter
Legislation pdf format of An Act To Strengthen & Enhance Firearms Laws Text of Filing Letter
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.
Respectfully submitted,
Governor Deval Patrick
Anything Coupe DuVal is for, I am against. Period.
Holy crap! These Democrats have gone “full retard,” haven’t they?
This idiot REALLY thinks that forcing law-abiding senior citizens to pass down their old field shotguns to their grandsons and granddaughters through an FFL will REALLY curtail violent criminals? Seriously... how many violent crimes have been committed in Maryland, let alone the entire US, with firearms that were gifted or willed to benefactors? How many violent crimes have been committed with weapons changing hands between law-abiding citizens?
I’ve sold and traded firearms in the past with the simple transacting of cash or goods, but I’ve NEVER done so with someone who I knew to be a criminal or associate with the same. This is just insanity.
He stated that he doubted this or any other bill of this nature would pass as written if it passes at all. At least HE knows how PO'ed the citizens are. Still, I hold little hope of this crap being shot down.
You have to realize that Gun-grabbing is a form of psychosis, immune to reason or fact.
If you wake up in the middle of the night and find a stranger in your bedroom and you use a gun to defend yourself and your family, they have at least 3 new charges they can file against you.
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.
Massachusetts gets to enforce state RICO Act charges against the NRA, GOA, JPFA, and a host of other groups advocating gun rights.
I particularity love the phrase “gives police the authority to arrest without a warrant” in the initial statement.
WoW! That really blows a hole in our Constitutional rights doesn’t it?
It sounds like Patrick isn’t very impressed by the Bill or Rights. Nazi fascists are like that. It’s time to start putting them all in jail for violating the Second Amendment.
Makes it pretty obvious that the intent of new laws is not to make us safer...
So that presumption of innocence thing is passe now...
Are you really one of those people who believe that our present “government”, at any level, still believes in the Constitution of the United States of America?
They respect ONLY those parts that are not inconvenient.
Why bother? With a Maoist Governor like Coupe Deval and a legislature that's 90% Marxist Rats it's a done deal.Gear up the appeals in the Federal courts.
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This is a good accurate illustrated website describing and explaining the Colt Model 1860 .44 Army percussion ignition revolver
I had a well used (and put away wet) “over-buffed/polished” antique (with Civll War Serial Numbers) Colt 1860 Army revolver that was a Reb capture (I “bought well” from a well-known reputable antique firearms dealer in Atlanta GA) and I then tinkered with it, replaced a badly worn original (circa 1862) cylinder pin, tuned the action, and tightened up the frame-barrel to the orginal Colt design specifications.
I later also bought an accurately made modern aftermarket walnut stock and brass fitted clone/replica of the Colt 1860 detachable shoulder stock.
It was a classy and authentic display piece - but it had to go with some of my other nice revolvers and Derringers some years ago.
However times and fortunes change - my private “Gun Lobby” here is neither sparse or dusty.
The orginal Colt Army .44 and Navy .36 Shoulder Stocks are rare and mucho expensive and all appear to made of Unobtainium - most that you might see in a museum or at a gun dealers are modern made replicas that have been “aged” by experts - Let the prospective buyer beware. If any Colt percussion revolver Shoulder Stock looks to be an authentic original - Someone is blowing apple cider in your ear while they pick your pocket.
http://en.wikipedia.org/wiki/Colt_Army_Model_1860
The original 1860 Colt Army had about the same deadly knockdown power of a modern Colt 1911A .45acp semi automatic pistol.
One shot and you were instantly flat on your butt and not about to get up and/or return fire.
900fps and a large heavy bullet.
FYI - Obama and his well-guarded wealthy Marxist buddies intend to make these fine historic antique firearms illegal for you to purchase, use, or own.
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I disagree, respectfully. It is, to me, a deliberate pattern, to disarm potential opposition to unfettered one-party rule, along with domestic drone attacks, the purchase of ammo and MRAC’s by Homeland Security, which may well be the domestic “security” force obama alluded to in his 2008 campaign.
Long ago, I gave up thinking of democrats as well-intentioned but fuzzy-headed do gooders. They’re just evil.
Are you really one of those people who believe that our present “government”, at any level, still believes in the Constitution of the United States of America?
Most people today have no idea what the Constitution is about...they only know that it restricts some of their actions and holds them responsible for certain things. Of course, in today’s society responsibility is hated as much as the Constitution too.
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