Talking points and example e-mails
Thanks for all the input. I too borrowed here and there. Rod-Tel had a pretty good base that I worked on. I did not write all of these, most are copied from within here or were sent to me. Thanks for everyone helping out - let me know who you are and I will give you credit.
Note - I am trying to remove "she" and "her" because I am dealing with liberal reps... I am pushing where I can the power overreach issue rather than the gun issue. If reps care about one thing, it's staying in power...
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Your reps probably don't care about guns, know that. If your rep is a Democrat, know their game and beat them at it. Don't get all "huurr duurr, dey took our guns!", they are going to yup you. All they do care about their power and staying in office under the cushy golden dome sucking on the tax payer teet. As I said above, the AG isn't to change law, yet she did. By adding words to existing law, through decree, she has taken power from your reps.
Know this and use this as an angle rather than the gun angle. Say, "It is not about guns, it is about the legislative process. You are my representative and law must come from you. The AG has gone around you and usurped your power as an elected official". The ONLY thing your reps do care about is power, remember that. Say that you voted for them, lie if you must, but if they stand on the wrong side of this you will not forget come next election.
Talking points for the phone -
- The AG set a dangerous precedent, an overreach that seeks to redefine two decades of case law and understanding of both the Mass and Federal AWB (as laid out by Calsdad earlier in the thread)
- What is to stop another AG from closing the "Abortion is not Murder Loophole" in another state using the precedent as justification
- The AG does not get to decide what is moral and change the interpretation of a law on a whim, no matter the justification (the ends does not justify the means under the rule of law)
- Even if it gets overturned in court, women in the state could be denied their right to health care in the meantime
- This is not about guns!
- The AG is reinterpreting the established law in a a fashion that violates both the state and federal constitution.
- The AG is over reaching the powers and responsibilities of the office.
- The AG's actions are obviating the legislature, usurping their authority on the issue.
- The existing law is clear and it's interpretation has been agreed upon by all parties for many years (since 1994 federally and since 1998 in MA). The AG's "revised" interpretation is in violation of 18 and 22 years of precedent.
- The AG explicitly declared that all gun owners in the state are currently committing felonies, and that we are not being brought up on charges en-mass on the basis of her "prosecutorial discretion". She also mad a point of the fact that she reserves the right to change her stance on this fact (or any part of the directive for that matter) in the future.
Example letters. Tweak them as you want.
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Dear (rep's name, gov baker)
I am writing this letter to express my concern regarding the overreach of the Attorney General, Maura Healey, regarding the re-interpretation of the Massachusetts Assault Weapons Ban. This re-interpretation has unilaterally banned firearms that have been legally sold and possessed by law-abiding citizens for over 20 years. Even more disturbing is that the AG has circumvented the Legislature and the legislative process entirely. This may be guns today but could be assembly and speech tomorrow.
The Attorney General’s is reinterpreting existing law and inserting language that does not exist. In particular, the words copy & duplicate as they appear in the definition of an Assault Weapon under Massachusetts General Law - Chapter 140 Section 121. This definition, in part, states “and shall include, but not be limited to, any of the weapons, or copies or duplicates of the weapons [emphasis added], of any caliber, known as…” The Attorney General has unilaterally taken it upon herself to redefine the words copy & duplicate and has invented a “Similarity Test” as quoted below:
“Similarity Test: A weapon is a Copy or Duplicate if its internal functional components are substantially similar in construction and configuration to those of an Enumerated Weapon. Under this test, a weapon is a Copy or Duplicate, for example, if the operating system and firing mechanism of the weapon are based on or otherwise substantially similar to one of the Enumerated Weapons.”
Nowhere in Massachusetts General Law is there a “Similarity Test”. This is an invented idea by the Attorney General which became edict on 07/20/16. This was done in the dark, the Legislators were not consulted, and there was no legislative process to add this “Similarity Test”. If the Legislature wanted a “Similarity Test” included in the law they would have included it when it was written. The circumvention of the legislative process by the Attorney General is alarming as it removes the power from you and your office and displaces trust in the legislative process.
This is a slippery slope and must be stopped immediately. The Attorney General is threatening criminal enforcement based on this re-interpretation. The threat to charge otherwise law-abiding citizens and/or business owners with felonies is looming. If this unconstitutional act is not reversed and the Attorney General punished, others will follow suit and one day we may not be able to write letters such as this, worship the god we choose, or assemble peaceably.
This move by the Attorney General is a clear over-reach of her authority. The Attorney General is attempting to re-write a statute. This circumvents the legislative process, makes our Legislators insignificant and will not stand constitutional muster. I urge you to oppose this illegal action by Maura Healey and remind her that the law-making authority falls to the Massachusetts Legislature, not to the Attorney General.
Respectfully,
john Doe
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Dear Governor Baker,
I supported you, voted for you, and convinced many others to vote for you. I did this because I thought you stood for the people and the rule of law. I was shocked to see your support of the Attorney Generals overreach and obviation of power from the Legislature. This is not a gun issue, this is a law issue. This political stunt is unconstitutional usurps the authority of the legislature. Some 240 years ago we were subjects .. now that seems to be the case yet again.
I call upon you to reconsider you position on the Attorney General's fiat law change. It is your duty, your oath to defend the constitution, to stand beside your law abiding citizens and call for an immediate stay on this illegal action by Attorney General Healey. If you do not stand with your constituents, we will not stand with you. I hope that you are on the right side of this, if not we will remember during the 2018 Gubernatorial election.
Respectfully,
john Doe
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Dear (rep's name, gov baker)
Attorney General Healey has decreed that the 22 year interpretation of our states “assault weapon” ban has been incorrect. She has put forth an unconstitutional ban on the sale and transfer of any firearm that operates in a similar manner to those which are banned. Her interpretation of our law, is not only unconstitutional, it puts thousands of Massachusetts residents at risk of becoming felons as almost all rifles operate in this manner. Healey explicitly declared all gun owners in the state to be felons, but that she simply chooses not to prosecute us right now. This is a gross overreach on the Attorney General's part which obviates the legislature. The previous law was clear and consumers as well as gun manufacturers have complied, and this is not what it says.
As a registered voter, I urge you to stand/act against this decree.
Respectfully,
john Doe