GOAL Alert - Senator Tarr's "Act to Protect Due Process" Focus Efforts On This Bill!

[Mike S]

From GOAL

***ALERT***
We have been awaiting legislation from Senator Tarr which addresses, and ends abusive actions from A.G. Healey - and it was just released!

We need EVERYONE to call your legislators and urge them to support this bill - for now refer to it as "Senator Tarr's Act to Protect Due Process".

This bill removes the authority of Attorney General to issue rules and regulations of firearms sales in Massachusetts under 93A the consumer protection statute.

Read the summary and language on our AG Alert Page: http://goal.org/ag-alert.html

Find your legislator here: http://www.malegislature.gov/People/FindMyLegislator

 

[jar]

Does this accept the AG's interpretation? How can GOAL support that? If it doesn't, why does it say anything about pre-7/21?

 

[rwl1955]

both my Rep and Senator are on board.

 

[M125X]

Full text here:
http://goal.org/Documents/healey-2016/An-Act-To-Protect-Due-Process.pdf

 

[Mike S]

Does this accept the AG's interpretation? How can GOAL support that? If it doesn't, why does it say anything about pre-7/21?

Thanks for noting that, no bill is going to be perfect and no bill is going to be passed the way it was filed. There's lots of good language here, let's focus on the good and go from there, OK?

 

[JJ4]

What about those who efa10 within 7 days allowed by law of 7/20/16?

Sent from my SM-G920V using Tapatalk

 

[jar]

Thanks for noting that, no bill is going to be perfect and no bill is going to be passed the way it was filed. There's lots of good language here, let's focus on the good and go from there, OK?

I don't support a bill that expands the Mass AWB to make the Healy-Ban permanent, and as far as I can tell, that's what this is.

 

[Scarab440]

I don't support a bill that expands the Mass AWB to make the Healy-Ban permanent, and as far as I can tell, that's what this is.

if we are removing her ability to issue guidance on gun issues. And the changes are only in her guidance, then isn't this a reset To 7/19. Also what would it do the the handgun guidance?

 

[sieveboy]

so does this allow me to build a lower up tomorrow into a neutered rifle (per the current law and its 18 years of interpretation) and FA-10 it? If not, I don't see how we can support this.

 

[Mike S]

so does this allow me to build a lower up tomorrow into a neutered rifle (per the current law and its 18 years of interpretation) and FA-10 it? If not, I don't see how we can support this.

IT REMOVES THE AG's AUTHORITY TO DO WHAT SHE DID. IT REMOVES HER ACTIONS FROM BEING BINDING. WHAT ELSE DO YOU WANT? FOCUS ON THIS BILL FOR ****S SAKE

 

[Royal]

Dear GOAL and NES legal cryptographers,

The sooner you translate this into English for everyone else, the sooner they can get more comfortable with it and start to contact their representatives.

 

[Nickrph]

'Section 1. Section 2 of Chapter 93A of the General Laws, as appearing in the 20142 Official Edition, is hereby amended by inserting, in line 11, after the word "chapter" the3 following words: provided that such rules and regulations shall not govern, limit, or otherwise4 relate to weapons as defined in Section 121 of Chapter 140, the manufacture of weapons or the5 sale of weapons. Further, that any such rule or regulations having previously being promulgated6 are hereby repealed.'

 

[Mike S]

Dear GOAL and NES legal cryptographers,

The sooner you translate this into English for everyone else, the sooner they can get more comfortable with it and start to contact their representatives.

summary:

An Act to Protect Due Process and Strengthen Public Safety

Section 1: Removes the authority of Attorney General to issue rules and regulations of firearms sales in Massachusetts under 93A the consumer protection statute.

Section 2: Provides that no person who had a proper license prior to July 21 and purchased, sold, transferred and the transaction was properly carried out under the Massachusetts Instant Record Check System maybe be found guilty of unlawful sale, transfer or possession of an assault weapon or weapon.

Section 3: Adds a new subsection to the firearms statute regarding administrative changes to lists to prohibited weapons and defines material change and administrative actions:

• Prohibits any material change to the definition of assault weapon or weapon by administrative action;

• Material change is defined as any change, alteration or modification to the list of approved firearms in the Commonwealth that either adds or subtracts weapons

• Any material change must go through the legislative process

• Administrative action is defined as any action other than statutory change by the legislative process

Section 4: Amends the penalty for failure to report a gun transfer under the Commonwealth’s transfer reporting system by:

• First Offense: Fine of $1,000 to $2,000 or imprisonment of no more than 6 months
• Currently a first offense carries a fine of $500 to $1000 with no imprisonment

Section 5: Adds 5 to 10 years to the sentence of a person convicted for use of firearms while committing a felony if the person did not have a license or the firearm was purchased and a gun transfer was not recorded.

• The current law for use of a firearm during the commission of a felony is the not less than 20 years in prison plus the penalty for the offense committed; 25 years plus the penalty for offense if the firearm is a large capacity semiautomatic or machine gun

Section 6: Effective date of the act is July 21, 2016

 

[jar]

IT REMOVES THE AG's AUTHORITY TO DO WHAT SHE DID. IT REMOVES HER ACTIONS FROM BEING BINDING. WHAT ELSE DO YOU WANT? FOCUS ON THIS BILL FOR ****S SAKE

I am focusing on the bill, and my reading of it is that it does no such thing. Healy's contention from the beginning is that her directive HASN'T changed 140:121.

The pre-7/21 reference sounds exactly like the emergency grandfathering Jim Wallace denounced at the rally.

 

[massvet]

IT REMOVES THE AG's AUTHORITY TO DO WHAT SHE DID. IT REMOVES HER ACTIONS FROM BEING BINDING. WHAT ELSE DO YOU WANT? FOCUS ON THIS BILL FOR ****S SAKE

+1

 

[TLB]

I like Senator Tarr, but this does not read as a good thing to me. Her directive needs to be tossed and not just grandfathering around some arbitrary date. Plus what does that language really mean? What about unbuilt lowers? I prefer the noncompliance option to her BS over passing this through the legislature. Maybe I am not interpreting this correctly?

 

[MarkT]

If I understand this correctly, and I hope that I do, if this is adopted it would dissolve the AG's f**cking list of approved firearms.

 

[Nickrph]

I am focusing on the bill, and my reading of it is that it does no such thing. Healy's contention from the beginning is that her directive HASN'T changed 140:121.

The pre-7/21 reference sounds exactly like the emergency grandfathering Jim Wallace denounced at the rally.

You should probably read it again.

 

[Warm_Garand]

IT REMOVES THE AG's AUTHORITY TO DO WHAT SHE DID. IT REMOVES HER ACTIONS FROM BEING BINDING. WHAT ELSE DO YOU WANT? FOCUS ON THIS BILL FOR ****S SAKE

I'm guessing that this accomplishes what CAN be accomplished in the time frame given.

 

[Capecod1]

Bill number ?????

 

[bfm]

As has been mentioned many times before, let everyone you now who is not on this forum know too. Clubs, FFLS, that weird guy at work, everyone.

 

[Bob P]

I am focusing on the bill, and my reading of it is that it does no such thing. Healy's contention from the beginning is that her directive HASN'T changed 140:121.

The pre-7/21 reference sounds exactly like the emergency grandfathering Jim Wallace denounced at the rally.

Read the summary. The bill a) rolls back the clock to 7/20 and b) neuters her ability to do it again.

- - - Updated - - -

I like Senator Tarr, but this does not read as a good thing to me. Her directive needs to be tossed and not just grandfathering around some arbitrary date. Plus what does that language really mean? What about unbuilt lowers? I prefer the noncompliance option to her BS over passing this through the legislature. Maybe I am not interpreting this correctly?

You're not

 

[Royal]

An Act to Protect Due Process and Strengthen Public Safety

Section 1: Removes the authority of Attorney General to issue rules and regulations of firearms sales in Massachusetts under 93A the consumer protection statute. 

Section 2: Provides that no person who had a proper license prior to July 21 and purchased, sold, transferred and the transaction was properly carried out under the Massachusetts Instant Record Check System maybe be found guilty of unlawful sale, transfer or possession of an assault weapon or weapon. 

Section 3: Adds a new subsection to the firearms statute regarding administrative changes to lists to prohibited weapons and defines material change and administrative actions:

•	Prohibits any material change to the definition of assault weapon or weapon by administrative action;

•	Material change is defined as any change, alteration or modification to the list of approved firearms in the Commonwealth that either adds or subtracts weapons 

•	Any material change must go through the legislative process 

•	Administrative action is defined as any action other than statutory change by the legislative process 

Section 4: Amends the penalty for failure to report a gun transfer under the Commonwealth’s transfer reporting system by:

•	First Offense: Fine of $1,000 to $2,000 or imprisonment of no more than 6 months
•	Currently a first offense carries a fine of $500 to $1000 with no imprisonment 

Section 5: Adds 5 to 10 years to the sentence of a person convicted for use of firearms while committing a felony if the person did not have a license or the firearm was purchased and a gun transfer was not recorded.

•	The current law for use of a firearm during the commission of a felony is the not less than 20 years in prison plus the penalty for the offense committed; 25 years plus the penalty for offense if the firearm is a large capacity semiautomatic or machine gun 

Section 6: Effective date of the act is July 21, 2016

This is a great start. A compromise bill that effectively nullifies the AG directives and focuses instead on punishing "the bad guys". Not thrilled about the increase in transfer penalty but that's how politics works.

I'll get calling, thanks!

 

[sbi]

Thanks for noting that, no bill is going to be perfect and no bill is going to be passed the way it was filed. There's lots of good language here, let's focus on the good and go from there, OK?

Sure, just like we did before the Dec. 2014 bill. "Lets just compromise", right?

 

[Warm_Garand]

What about those who efa10 within 7 days allowed by law of 7/20/16?

Sent from my SM-G920V using Tapatalk

If her initiative is nullified, then you were in a pre-7/20 legal environment and abiding by the law as written and simply registering a legal firearm.

Which is as it should be.

 

[TLB]

IT REMOVES THE AG's AUTHORITY TO DO WHAT SHE DID. IT REMOVES HER ACTIONS FROM BEING BINDING. WHAT ELSE DO YOU WANT? FOCUS ON THIS BILL FOR ****S SAKE

If that is true, then why does number 2 mention the date of her bullshit directive?

 

[Editor]

so does this allow me to build a lower up tomorrow into a neutered rifle (per the current law and its 18 years of interpretation) and FA-10 it? If not, I don't see how we can support this.

The answers to this and other similarly couched questions are quickly answered by a reading of the document, e.g., the second sentence of the document: "Further, that any such rule or regulations having previously being promulgated are hereby repealed."

 

[sbi]

This is a great start.  A [COLOR=#ff0000]compromise[/COLOR] bill that effectively nullifies the AG directives and focuses instead on punishing "the bad guys".  Not thrilled about the increase in transfer penalty but that's how politics works.

I'll get calling, thanks![/QUOTE]

"Compromise" is the key word. NO MORE COMPROMISES! They keep [B][COLOR=red]*[/COLOR][/B][B][COLOR=red]*[/COLOR][/B][B][COLOR=red]*[/COLOR][/B][B][COLOR=red]*[/COLOR][/B]ing us in the arss every couple of years because they know that we compromise.

 

[Bob P]

"Compromise" is the key word. NO MORE COMPROMISES! They keep ****ing us in the arss every couple of years because they know that we compromise.

The compromise is the roll the clock back to before this abortion, give up the right of the AG to do it again and in exchange we allow stiffer penalties for violations. Dude this ain't much of a compromise.

 

[Royal]

"Compromise" is the key word. NO MORE COMPROMISES! They keep ****ing us in the arss every couple of years because they know that we compromise.

Are you really that delusional? Do you realize what state we're in? EVERY conclusion to a political chess game starts and ends with compromise. It's the level of compromise (i.e. lost ground) you give up that matters.

If I'm reading the summary and bill correctly, very little on our side.