House Review of S2284 (formerly SB 2265)

[EJFudd]

It would not surprise me if the bill dies, and the next Dem governor can drive even more restrictive laws.

Patrick wanted the "One Gun per Month" legislation, but did not get it.

 

[milktree]

Anyone here a member of the "Guns of MA" Facebook page? Some of the legal questions there will blow your mind.

video removed from quote so nobody has to watch it again.

Holy crap... I couldn't watch that, what an idiot.

Sometimes it seems like those blowhards are just willfully ignorant, sometimes like they're too closed minded and stupid for the ignorance to be willful, and sometimes it seems like they know exactly how wrong all the crap they spout is, but don't care.

 

[92G]

is he willing to go without 24/7 armed statie protection? if so I will listen to him....until then he can take his propaganda elsewhere.

 

[Billsail]

If he lets it die, it's because he doesn't want to be associated with ANYTHING that might be beneficial to gun owners. He'd rather let it die now, and wait for the next session to stick it to all of us. WHAT A LOAD OF CRAP !!!

 

[oldsoldier29]

The funny thing about it, the bill was passed as "emergency legislation"... meaning once Patrcik signs it, it goes into effect immediately.

But then, they go and assign a shitload of sections varying effective dates making it even more confusing.

Some of them I can understand the reason for (web portal, elimination of Class B LTC), others make no sense (C&R, LTC suitability appeal process).



Just the opposite. If he doesn't sign it in 10 days (excluding Sundays and holidays), the bill dies...



http://www.sec.state.ma.us/trs/trslaw/lawidx.htm

Emergency legislation is for the funding parts of the bill. So they can start appropriating funding for the money parts.

 

[jasons]

Emergency legislation is for the funding parts of the bill. So they can start appropriating funding for the money parts.

A bill (like this one) with an emergency preamble does take immediate effect once signed. (Unless otherwise specified in the bill.) If there is no emergency preamble it defaults to 90 days. A side effect of this is that they can start appropriating funds to pay for the law but that's not the primary purpose.

With regard to pocket veto - that only works if the general court votes to prorogue early. That rarely happens - it's much more common for the court to go into informal sessions, as they are now, right up to midnight of the day that the next court goes into session. Bottom line, no prorogue = no pocket veto. If the Governor does nothing, the bill automatically becomes law 10 days after it gets put on his desk (excluding Sundays and official holidays.) If I'm counting correctly that would be Thursday, August 14th.

I see people saying that it becomes law or it doesn't within the 10 days, which is it? Some say because they're out of session then it doesn't become law, some say because that it was in session when they submitted it that it does...

The key is that they are not out of session. They're in informal sessions, but that's not the same as being prorogued.


Here's a bit more info:
http://www.massbar.org/legislative-activities/the-legislative-process

The Massachusetts state legislature sits in a biennial session, which begins on the first Wednesday in January of the odd-numbered years. All formal business of the first year of the session must be concluded by the third Wednesday in November of that year. The legislature then sits in an informal session until the first Wednesday of January of the second year (even numbered years) at which time the Legislature begins formal sittings until the last day of July of the second year, and finishes the remainder of the session in an informal sitting.

Any matter pending before the legislature at the end of the first year of its biennial session will carry over into the second legislative year in the same legislative status as it was at the conclusion of the first legislative year. Once the state budget is passed by the legislature, the legislature may (but seldom does) end the formal session by vote of both branches and agreement of governor. This is known as prorogation.

 

[Paul455]

I wonder why Grossman (or any of the other candidates) are not railing about prescription drugs (300+ deaths in the last 12 months) or the 1,200 person who die EVERY DAY to medical induced errors?

It does not fit their agenda.

 

[GlockJock]

So would it be a safe guess that, since this bill isn't a HUGE VICTORY for the Anti's, that DeVoid will wait til, oh, say Friday at 4pm to put his crayon to paper and autograph this thing?
This way half the moonies will miss it when they're "down on the island" on Saturday morning enjoying Earl Grey and stale scones?....

 

[Mike S]

I wonder why Grossman (or any of the other candidates) are not railing about prescription drugs (300+ deaths in the last 12 months) or the 1,200 person who die EVERY DAY to medical induced errors?

It does not fit their agenda.

or the hundreds who have died this year in MA from Heroin... they can't be talking about people dying from banned things though, it doesn't fit the agenda.

 

[milktree]

I wonder why Grossman (or any of the other candidates) are not railing about prescription drugs (300+ deaths in the last 12 months) or the 1,200 person who die EVERY DAY to medical induced errors?

It does not fit their agenda.

And... everybody loves doctors.

 

[pastera]

So would it be a safe guess that, since this bill isn't a HUGE VICTORY for the Anti's, that DeVoid will wait til, oh, say Friday at 4pm to put his crayon to paper and autograph this thing?

If the "pocket veto" is not in effect, I beleive he will just let it sit the ten days without signing.
That way he can play both sides of this bill by saying

1 - He couldn't veto the bill because of the mental health, suicide and school provisions
2 - He also could not support the bill because it lacks "meaningful common sense gun safety reforms"

play the politics and play them dirty

 

[yanici]

So, can someone who definitely knows, please state whether the pocket veto is in effect or not? Do we need to send an email to Sec. Galvin to clarify this simple question or what?

 

[Mike S]

Yanici, Jason did, right here - http://www.northeastshooters.com/vb...rly-SB-2265)?p=4064223&viewfull=1#post4064223

 

[jasons]

So, can someone who definitely knows, please state whether the pocket veto is in effect or not? Do we need to send an email to Sec. Galvin to clarify this simple question or what?

The general court (aka "the legislature") is in session, therefore by law no pocket veto is possible. Pretty simple stuff.

 

[yanici]

The general court (aka "the legislature") is in session, therefore by law no pocket veto is possible. Pretty simple stuff.

Tanks!!

 

[Len-2A Training]

The general court (aka "the legislature") is in session, therefore by law no pocket veto is possible. Pretty simple stuff.

Definitely a case where I'm glad to be wrong.

 

[Friday]

Devolve won't sign this, that way he can wash his hands of the issue on his next campaign...

 

[LoginName]

I don't think the legislature is prorogued. They're still technically in session.

You both can't be right...

Owen Gallagher says

August 1, 2014 at 6:15 AM

Update. The Legislature prorogued on July 31, without passing the Governor’s non-compete provisions or the Uniform Trade Secrets Act. The Governor’s Economic Bill passed but without the non-compete or Uniform Trade Secrets provisions the Governor wanted. The Massachusetts Senate had amended the Governor’s bill and passed a compromise bill but the House of Representatives did not act on the amendment. It is expected that the bill will be refiled for the next session based upon the traction that the bill that died generated in this session. The article on the Governor’s bill is Article update to, “Governor Patrick Takes Aim At Employee Non-Compete Agreements in Massachusetts.

http://agencychecklists.com/2014/04...on-compete-agreements-in-massachusetts-11196/

http://forbesgallagher.com/lawyers/owen-gallagher/

I guess we'll know in a week or less what the fate of this bill is.

 

[jasons]

You both can't be right...




http://agencychecklists.com/2014/04...on-compete-agreements-in-massachusetts-11196/

http://forbesgallagher.com/lawyers/owen-gallagher/

I guess we'll know in a week or less what the fate of this bill is.

Both the house and senate are still in session according to their respective calendars.

https://malegislature.gov/Events/EventDetail?eventId=980&eventDataSource=Sessions
and
https://malegislature.gov/Events/EventDetail?eventId=981&eventDataSource=Sessions

I see no vote to prorogue on either side either. Pretty sure I'm right on this one.

 

[yanici]

Both the house and senate are still in session according to their respective calendars.

https://malegislature.gov/Events/EventDetail?eventId=980&eventDataSource=Sessions
and
https://malegislature.gov/Events/EventDetail?eventId=981&eventDataSource=Sessions

I see no vote to prorogue on either side either. Pretty sure I'm right on this one.

 

[LoginName]

Both the house and senate are still in session according to their respective calendars.

https://malegislature.gov/Events/EventDetail?eventId=980&eventDataSource=Sessions
and
https://malegislature.gov/Events/EventDetail?eventId=981&eventDataSource=Sessions

I see no vote to prorogue on either side either. Pretty sure I'm right on this one.

I really don't know.

Currently, they're in informal session. The conclusion of the formal session (July 31st), is set by the MA Constitution or

Senate/House rules. My reading of the information you posted is that the formal session can not go beyond July 31st

of the second session, however they may adjourn/prorogate the formal session at any time before that (with a concurrence vote

from the House, Senate and Governors approval), once the state budget has been passed... they could have adjourned

the formal session at the end of June if they wanted to.


Once 24:00 hrs, July 31st has passed, the Legislature automatically adjourns/prorogates negating any requirements for a vote

or the Governors approval.

It's a trivial issue anyways... the bill will either die or become law one way or another. It just a matter of even more waiting.

The Massachusetts state legislature sits in a biennial session, which begins on the first Wednesday in January of the odd-numbered years. All formal business of the first year of the session must be concluded by the third Wednesday in November of that year. The legislature then sits in an informal session until the first Wednesday of January of the second year (even numbered years) at which time the Legislature begins formal sittings until the last day of July of the second year, and finishes the remainder of the session in an informal sitting.

Any matter pending before the legislature at the end of the first year of its biennial session will carry over into the second legislative year in the same legislative status as it was at the conclusion of the first legislative year. Once the state budget is passed by the legislature, the legislature may (but seldom does) end the formal session by vote of both branches and agreement of governor. This is known as prorogation.

 

[Dadstoys]

I think he'll sign it.
Last minute for dramatic effect , but he will.
The anti's know this is the last shot for a while and will string him up if he doesn't.
After all there's a few violations of constitutional rights in there.
How could he pass on that?

 

[jefftk]

I think he'll sign it.
Last minute for dramatic effect , but he will.
The anti's know this is the last shot for a while and will string him up if he doesn't.
After all there's a few violations of constitutional rights in there.
How could he pass on that?

He is probably waiting for some grieving mothers to be flown in to stand next to him while he signs it.

 

[Coyote33]

http://www.wbur.org/2014/08/06/patrick-signing-bills-substance-abuse

I just heard on the news about him signing a bill about substance abuse. When did THAT ONE "land" on his desk?

 

[warwickben]

http://www.wbur.org/2014/08/06/patrick-signing-bills-substance-abuse

I just heard on the news about him signing a bill about substance abuse. When did THAT ONE "land" on his desk?

The one when you get busted with drugs insurance has to pay for rehab ie every other person pays for your rehab when you get busted .

 

[milktree]

Reading the bill, it seems like the "Olympic competition firearms are exempt" is... nothing.

570: SECTION 26. Said section 123 of said chapter 140, as so appearing, is hereby further
amended by striking out the second paragraph and inserting in place thereof the following
paragraph:-

Clauses Eighteenth to Twenty-first, inclusive, of the first paragraph shall not apply to: (i)
a firearm lawfully owned or possessed under a license issued under this chapter on or before
October 21, 1998; (ii) a firearm designated by the secretary of public safety, with the advice of
the gun control advisory board, established pursuant to section 131½ of chapter 140, as a
firearm solely designed and sold for formal target shooting competition; or (iii) a firearm
designated by the secretary of public safety, with the advice of the gun control advisory board,
established pursuant to section 131 ½ of chapter 140, as a firearm or pistol solely designed and
sold for Olympic shooting competition. The secretary of public safety shall compile lists, on a bi-
annual basis, of firearms designated as “formal target shooting firearms” and “Olympic
competition firearms” in accordance with this paragraph. Such lists shall be made available for
distribution by the executive office of public safety and security.

Isn't the second bolded bit a subset of the first?

Aren't all "firearms or pistols solely designed and sold for Olympic shooting competition" already "firearms solely designed and sold for formal target shooting competition"? How much more formal a target shooting competition can you get than the Olympics? Shouldn't they be covered by existing law?

And... since it's all dependent on the secretary of public safety compiling a list, how is this a change in any real sense? I surely don't believe that list of Olympic competition firearms is going to be anywhere near complete.

Maybe I'm missing something, but this change is nothing more than adding more words.

 

[Coyote33]

You're straying off topic. How much sooner did that bill hit his desk?

 

[Billsail]

http://www.wbur.org/2014/08/06/patrick-signing-bills-substance-abuse

I just heard on the news about him signing a bill about substance abuse. When did THAT ONE "land" on his desk?

Subtract 10 days from the "action due" date.

http://www.mass.gov/governor/legislationeexecorder/update/

 

[Lank]

is he willing to go without 24/7 armed statie protection? if so I will listen to him....until then he can take his propaganda elsewhere.

They both can go pound sand.

Chiraq has the most orwellian gun law (and orwellian democrats) and look at the results.

 

[jasons]

Reading the bill, it seems like the "Olympic competition firearms are exempt" is... nothing.

My hardball gun is was "solely designed and sold for formal target shooting competition." Something tells me Andrea "Hot Pants" Cabral won't see it that way.