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Calling on GOAL and Comm2A: Reaction to 2013 "Enhancement" to MA firearms laws

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BringTheRain

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I know that there's another couple threads on this piece of $hit bill from DP, but I want to know if Comm2A or GOAL has had a response to this?

Other than this weekend's rally (IN! +3 at least), or calling/writing (I plan on doing both BTW), are there any other avenues that we can take?

There's a class-action lawsuit already being compiled in NYS, do we have to wait until this thing is law?

Can we call for an indictment of DP on the charge of Treason?

We need more legal options than just threatening reps of job loss and shouting on the state house steps.

Also, we need a legal interpretation of the proposed law so that everyone is on the same page regarding talking points.
 
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Since this was just unveiled I would be surprised if they have a response at this time. Give them time to read it and respond.

Meanwhile - call your legislators! You think this isnt coming to your door? Well it just did!
 
PennyPincher said:
Since this was just unveiled I would be surprised if they have a response at this time. Give them time to read it and respond.

Meanwhile - call your legislators! You think this isnt coming to your door? Well it just did!
Click to expand...

When you call your legislators, what do you say? I live in mass, so no one I voted for is in office.

I'm as frustrated as anyone else here. See you Saturday!
 
GOAL, Comm2A and any pro- litigators need rush to combine forces, resources and a plan of attack on this one. There must be a unified front and fast.
 
BringTheRain said:
There's a class-action lawsuit already being compiled in NYS, do we have to wait until this thing is law?
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There is no lawsuit in NY yet, one is being discussed. And yes, you have to wait until this is active law to file a lawsuit against it.

That said, Comm2A's reaction to the law will be to deliver a 4(j)(2) notice (notice of challenge to a state statute) to the AG's office via (as Rob Boudrie likes to say) uniformed federal agent (postal carrier) forthwith.
 
terraformer said:
There is no lawsuit in NY yet, one is being discussed. And yes, you have to wait until this is active law to file a lawsuit against it.

That said, Comm2A's reaction to the law will be to deliver a 4(j)(2) notice (notice of challenge to a state statute) to the AG's office via (as Rob Boudrie likes to say) uniformed federal agent (postal carrier) forthwith.
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Thank God for you guys!
 
It's important that people keep calm. The seven round mag limit is clearly problematic, but it's far enough out there to be vulnerable.

For now:
1) Write (respectfully) to your elected officials. Yes, it matters and it works if enough people participate

2) Continue to support Comm2A. We've attracted more first time donors in the last month which is great. But this is a long term effort and we need sustaining donors who can help every month - even in small amounts. This allows us to plan.

3) If you're a donor, register also so we know where you (PayPal doesn't tell us). This allows us to better work with people on a local level.

4) DO NOT SELL your magazines. This is not the time to panic. If you sell your stuff you will have no recourse. We're already exploring options for you to protect your property until this is over.
 
Knuckle Dragger said:
It's important that people keep calm. The seven round mag limit is clearly problematic, but it's far enough out there to be vulnerable.

For now:
1) Write (respectfully) to your elected officials. Yes, it matters and it works if enough people participate

2) Continue to support Comm2A. We've attracted more first time donors in the last month which is great. But this is a long term effort and we need sustaining donors who can help every month - even in small amounts. This allows us to plan.

3) If you're a donor, register also so we know where you (PayPal doesn't tell us). This allows us to better work with people on a local level.

4) DO NOT SELL your magazines. This is not the time to panic. If you sell your stuff you will have no recourse. We're already exploring options for you to protect your property until this is over.
Click to expand...

For the layman, Is it possible for you explain briefly what grounds and/or violation this bill causes.

Also, If we fight it now, they can edit it and still pass something, If we wait we could have the whole thing junked if one part of it is unlawful?
 
7 Round mags kill IDPA/IPSC etc... so they will kill the sport use of firearms... not good.
 
Knuckle Dragger said:
This bill would basically make the vast majority of firearms we own worthless.
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Can it be fought as an effective ban?

- - - Updated - - -

Mike-Mike said:
For the layman, Is it possible for you explain briefly what grounds and/or violation this bill causes.

Also, If we fight it now, they can edit it and still pass something, If we wait we could have the whole thing junked if one part of it is unlawful?
Click to expand...

Very simply, as I see it, for most semi auto pistols (Glocks, SIG P series, S&W M&P, etc) there are no mags lower than 10 rounds. That means this bill would ban one of the most common types of firearms.
 
PaulD said:
Very simply, as I see it, for most semi auto pistols (Glocks, SIG P series, S&W M&P, etc) there are no mags lower than 10 rounds. That means this bill would ban one of the most common types of firearms.
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That was my fear, If we push now they can just change that number to 10 and ram this crap through.
 
It's crazy that the purchase of an XDs 2 weeks ago, make it indicative that I can foresee the future. This is crazy and I expect an outcry like we have never heard before.
 
Wait, am I missing something? DP didn't say anything about 7 rds. Cuomo and the new yorkers have to deal with this!!! Is there anywhere that I can view this bill as a hole. I hate when the media paraphrases everything and leaves important facts for misinterpretation.
 
Mike-Mike said:
For the layman, Is it possible for you explain briefly what grounds and/or violation this bill causes.
Click to expand...

The reason the original AWB had grandfathering is to prevent a violation of 5th Amendment property taking without due process (also applies to the states through the 14th). Not having grandfathering for mags is clearly problematic. There is an argument (I haven't decided yet how strong it is) that making something now legally owned, illegal going forward, is tantamount to an ex post facto law, which is prohibited by Article I, Section 9 (federal) and Article I, Section 10 (states). Linsky's proposals raise similar issues. In addition, his proposal to require "gun license applicants to disclose their mental health histories" could invoke a violation of the liberty protections of the 5th and 14th, which the SCOTUS has ruled includes the right to privacy.

Then, of course, you have the 2A implications which I haven't even addressed.

Mike-Mike said:
Also, If we fight it now, they can edit it and still pass something, If we wait we could have the whole thing junked if one part of it is unlawful?
Click to expand...

As we saw recently with the healthcare law, courts can strike down only those provisions that violate the Constitution, while leaving the others intact. I think it is better to fight the whole thing all the way through.
 
jmuscaro said:
Wait, am I missing something? DP didn't say anything about 7 rds. Cuomo and the new yorkers have to deal with this!!! Is there anywhere that I can view this bill as a hole. I hate when the media paraphrases everything and leaves important facts for misinterpretation.
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http://www.mass.gov/governor/legisl...-to-strengthen-and-enhance-firearms-laws.html

I read through it, and was going to take a shot calling out the BS, but realized that I'm not a lawyer, thus my post.
 
jmuscaro said:
Wait, am I missing something? DP didn't say anything about 7 rds. Cuomo and the new yorkers have to deal with this!!! Is there anywhere that I can view this bill as a hole. I hate when the media paraphrases everything and leaves important facts for misinterpretation.
Click to expand...

It was part of the bill he proposed today. Sections 6 and 24 (emphasis mine).

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.”
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http://www.mass.gov/governor/legisl...-to-strengthen-and-enhance-firearms-laws.html
 
Just read the bosto.com article. No mention of 7 rds. Please stop giving me heart palpitations you people. Deval is an idiot!!! We already have electronic tracking. Its called the E-FA-10. What a douche!!
 
jmuscaro said:
Just read the bosto.com article. No mention of 7 rds. Please stop giving me heart palpitations you people. Deval is an idiot!!! We already have electronic tracking. Its called the E-FA-10. What a douche!!
Click to expand...

Read the links BringTheRain and I posted above. That is directly from the governor's website.
 
BigDaddyAl said:
The reason the original AWB had grandfathering is to prevent a violation of 5th Amendment property taking without due process (also applies to the states through the 14th). Not having grandfathering for mags is clearly problematic. There is an argument (I haven't decided yet how strong it is) that making something now legally owned, illegal going forward, is tantamount to an ex post facto law, which is prohibited by Article I, Section 9 (federal) and Article I, Section 10 (states). Linsky's proposals raise similar issues. In addition, his proposal to require "gun license applicants to disclose their mental health histories" could invoke a violation of the liberty protections of the 5th and 14th, which the SCOTUS has ruled includes the right to privacy.

Then, of course, you have the 2A implications which I haven't even addressed.



As we saw recently with the healthcare law, courts can strike down only those provisions that violate the Constitution, while leaving the others intact. I think it is better to fight the whole thing all the way through.
Click to expand...

Thats a great post couple comments though:

-10 round mags that are owned prior to the enactment of this law would be grandfathered. However, anything 10+ would have to be destroyed or turned in after the "grace" period. No?

-I also believe that if "reasonable time" is given to turn in illegal items (10+ mags) from the time new laws are enacted, that does not evoke ex post facto.

-Linsky is taking a copy straight out of Hawaii's playbook with the mental screening. How is Hawaii getting away with it? I see multiple issues with this including privacy rights, enabling a police chief to essentially act as an MD with full discretion, cause people not to get treatment because of the concern that they will lose or not get their LTC, and finally denying people their 2A right who have minor mental illnesses (anxiety/minor depression etc.) that are not even remotely dangerous or disabled.

You can rip apart Linsky's bill on all aspects.
 
I spoke with my state rep today and he informed me that several ma legislators had a meeting planned for tonight with Jim Wallace of goal so they are working....
 
Bull27 said:
Thats a great post couple comments though:

-10 round mags that are owned prior to the enactment of this law would be grandfathered. However, anything 10+ would have to be destroyed or turned in after the "grace" period. No?

-I also believe that if "reasonable time" is given to turn in illegal items (10+ mags) from the time new laws are enacted, that does not evoke ex post facto.

-Linsky is taking a copy straight out of Hawaii's playbook with the mental screening. How is Hawaii getting away with it? I see multiple issues with this including privacy rights, enabling a police chief to essentially act as an MD with full discretion, cause people not to get treatment because of the concern that they will lose or not get their LTC, and finally denying people their 2A right who have minor mental illnesses (anxiety/minor depression etc.) that are not even remotely dangerous or disabled.

You can rip apart Linsky's bill on all aspects.
Click to expand...

Where is the language in Devil's bill about grandfathering of 10 rounders?
 
PaulD said:
Where is the language in Devil's bill about grandfathering of 10 rounders?
Click to expand...

Section 6 changes the definition of large cap to be anything that holds more than 7 rounds. Section 24(iii) says that large caps (the new definition) owned before the bill is passed are ok if they cannot hold more than 10, but even then you can't load more than 7.
 

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