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GOAL’s Ghost Gun Exorcism Legislation

GOAL

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Ghost Gun.jpeg


The Second Amendment community all over the country is well aware of another coordinated attack on our civil rights. Like the inventive “assault weapons” terminology of the 1980’s, this one too comes with a catchy name: “Ghost Guns.”

So-called “Ghost Gun” bills are being filed all over the country. The stated purpose is supposedly to prevent criminals from building/manufacturing their own guns. Since when did laws prevent criminals from doing anything? These pieces of legislation are just a repeat of archaic failed efforts to curtail the civil rights of lawful citizens in an attempt to address criminal activity. This is flawed thinking at best as these types of laws have never worked to reduce crime. In the end, all they do is tie the hands of good people.

As we have done many times successfully in the past, Gun Owners’ Action League (GOAL) is offering a common-sense solution to a perceived problem. Our legislation, filed by both Rep. Michael Soter (R) and Rep. Chynah Tyler (D), offers a solution that rightfully punishes criminal activity while leaving our rights intact.

The anti-civil rights crowd seems to support more of a Tom Cruise/Minority Report policy where lawful citizens are punished for crimes they did not commit. GOAL’s legislation takes a realistic approach and severely punishes only the criminals/prohibited persons who illegally manufacture and traffic guns for illicit activities.

https://malegislature.gov/Bills/192/HD3363 - Rep. Michael Soter (R)

https://malegislature.gov/Bills/192/HD3743 - Rep. Chyna Tyler (D)

An Act Relative to Criminal Manufacture and Possession of Certain Weapons

SECTION 1.

Chapter 269 of the General Laws shall be amended by inserting a new section:

10L: Criminal Manufacture and Transfer of Weapons

Any prohibited person who illegally manufactures a firearm, rifle, shotgun, machine gun or sawed-off shotgun shall be punished by imprisonment in the state prison for not more than 5 years.

Any person who illegally manufactures a firearm, rifle, shotgun, machine gun or sawed-off shotgun and transfers or supplies said weapon to a prohibited person within or without of the Commonwealth shall be punished by imprisonment in the state prison for not more than 10 years.

Whoever transports an illegally manufactured firearm, rifle, shotgun, machine gun or sawed-off shotgun into the commonwealth to use the weapon for the commission of criminal activity shall be punished by imprisonment in the state prison for not more than 10 years.

Whoever, while in the commission of a felony, has in his possession or under his control an illegally manufactured firearm, rifle, shotgun, machine gun or sawed-off shotgun shall be punished by imprisonment in the state prison for not less than not more than 10 years.

Whoever transports an illegally manufactured firearm, rifle, shotgun, machine gun or sawed-off shotgun into the commonwealth to unlawfully distribute, sell or transfer possession of the weapon to a prohibited person, as defined in section 131 of chapter 140, shall be punished by imprisonment in the state prison for not more than 20 years.

Whoever transports an illegally manufactured firearm, rifle, shotgun, machine gun or sawed-off shotgun into the commonwealth to unlawfully distribute, sell or transfer the weapon to a prohibited person, as defined in section 131 of chapter 140, and if the weapon is subsequently used to commit severe bodily injury or murder, shall be punished by imprisonment in the state prison for up to life imprisonment.

Upon conviction of this section, the courts shall notify the appropriate federal authorities of potential violations of federal manufacturing and transfer laws.
 

ReluctantDecoy

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I'd call this a "controlled burn" to prevent a full forest fire, in that some of it reads like it could still do a hint of harm, but may be better than the alternative out of control blaze.
 

groundscrapers

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since we are talking essentially about a PP making or someone supplying them a firearm wouldn't that already be captured under existing law? Doesn't the GCA of 1968 already address this?


The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

  • convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
  • who is a fugitive from justice;
  • who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
  • who has been adjudicated as a mental defective or has been committed to any mental institution;
  • who is an illegal alien;
  • who has been discharged from the Armed Forces under dishonorable conditions;
  • who has renounced his or her United States citizenship;
  • who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
  • who has been convicted of a misdemeanor crime of domestic violence.
The GCA at 18 U.S.C. § 922(n) also makes it unlawful for any person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive firearms or ammunition.

Further, the GCA at 18 U.S.C. § 922(d) makes it unlawful to sell or otherwise dispose of firearms or ammunition to any person who is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.
 

KMM696

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since we are talking essentially about a PP making or someone supplying them a firearm wouldn't that already be captured under existing law? Doesn't the GCA of 1968 already address this?

Federally, yes the '68 GCA covers this. This is proposed MA legislation with a more livable set of restrictions than an knee-jerk 'OMG GHOST GUN EEEEEVILLL - BAN f***ING EVERYTHING' law that the usual suspects would certainly want for their subjects in the Commonwealth.
 

VetteGirlMA

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What is 'illegally manufactures"? Is that a person without an FID or LTC? An FFL? A cop because you know there will always be the old cop carveout? Or is this going to end up being a catch-all term that courts can decide at will. 'Oh look that person over there put a scope on a rifle, that's 10 years in prison'.
 

groundscrapers

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Federally, yes the '68 GCA covers this. This is proposed MA legislation with a more livable set of restrictions than an knee-jerk 'OMG GHOST GUN EEEEEVILLL - BAN f***ING EVERYTHING' law that the usual suspects would certainly want for their subjects in the Commonwealth.
How is it more liveable? It says nothing about the regulation of making guns other than you can't give them to PP's which is already restricted. I fail to see how adding more laws to our books that are redundant to federal laws achieves a single thing other than further muddying the waters.
 

Dennis in MA

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Actually it could stop more dumb laws. Preempting the other side makes their stupid law less compelling. “Didn’t we just pass a law on this last year?” “Well, yeah.” “And?”
 

TargetShooter21

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Actually it could stop more dumb laws. Preempting the other side makes their stupid law less compelling. “Didn’t we just pass a law on this last year?” “Well, yeah.” “And?”
That’s assuming the other side uses logic and reasoning which, as far as I can tell, isn’t likely to happen.

I’m with @groundscrapers here. I fail to see the logic in ‘preemptively’ adding new gun laws to MGL. This is a zero-sum game. If we give up ground without an proportional concession, in the long run we lose. Pareto efficiency.

How exactly is “illegal manufacture” defined? If this bill passes as written above, the SJC will define it to mean whatever it wants it to mean. Would building out a stripped lower be considered an illegal manufacture for example? I for one am NOT ok with GOAL lobbying for MORE gun control laws.
 

groundscrapers

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Actually it could stop more dumb laws. Preempting the other side makes their stupid law less compelling. “Didn’t we just pass a law on this last year?” “Well, yeah.” “And?”
Its not preempting anything because its already established that I can't supply a gun to a PP under the GCA. I don't need new state laws redundant to federal laws... its not a help.
 

Broccoli Iglesias

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This one worries me a little:

Whoever transports an illegally manufactured firearm, rifle, shotgun, machine gun or sawed-off shotgun into the commonwealth to use the weapon for the commission of criminal activity shall be punished by imprisonment in the state prison for not more than 10 years.

What happens when the State passes a law saying that assembling a gun from parts = manufacturing? ... almost everyone will have an "illegally" manufactured firearm and it is up to the person to prove he/she wasn't on his/her way to commit a crime. How do you prove that?
 
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Please define "illegally manufactured firearm ", specifically, so there's no confusion or misinterpretation
This is a good time to start a "Table of Definitions" in the laws. This can be the first. It would help immensely to have a table that spells out what things are.
 

groundscrapers

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This is a good time to start a "Table of Definitions" in the laws. This can be the first. It would help immensely to have a table that spells out what things are.
Illegal manufacturer is only a term that requires a definition if its introduced into law. Those two words will be used to bend you over and stuff it to you raw with no lube. Forget 80s they will hose you for slapping together serialized shit outside of an 07ffl. This is such a bad idea and I'd love to hear some rationalization.
 
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