http://www.goal.org/katrinapart2.htm
GOAL Files Amended “Katrina” Bill
During the last legislative session Senator Richard Moore filed, on behalf of GOAL, “An Act Prohibiting the Confiscation of Lawfully Owned Firearms During the State of Emergency” The legislation was filed as a result of the unlawful confiscation of privately owned firearms during the state of emergency in Louisiana, specifically New Orleans.
GOAL’s bill nearly became law, but was held up at the last moment during informal session by the Massachusetts Chiefs of Police Association. While the Association never contacted GOAL with any objections, we were informed that their main concern was that they could not determine what a lawfully owned firearm was. That alone speaks volumes for the need for real reform in Massachusetts.
Another concern about the bill came from the typical officer on the street. They expressed distress over the fact that they would be held accountable for confiscating firearms, but the person who ordered the confiscations would not face any penalties. Thus, GOAL has amended the bill to punish both.
“During the last legislative session this bill represented a litmus test of sorts here in Massachusetts,” said Jim Wallace Executive Director of GOAL. “It was a clear test to see if the legislature and law enforcement would accept that they could not unlawfully confiscate private property and further, leave citizens defenseless against marauding gangs of criminals when calling for help wasn’t possible. Sadly, the state failed that test.”
GOAL urges all of its members to contact their legislators and ask them to support this legislation by signing on as a co-sponsor. (The bill has not yet been assigned a number.)
AN ACT prohibiting the confiscation of lawfully owned firearms during a state of emergency
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 140 of the Massachusetts General Laws shall be amended by adding the following section;
Section 129E. Prohibiting the confiscation of lawfully owned firearms.
No government official or any person acting on behalf of the Commonwealth of Massachusetts shall order the confiscation of, or otherwise cause the confiscation of, any lawfully carried or lawfully owned firearm, rifle, shotgun, machinegun or ammunition.
No law enforcement officer, person acting as a law enforcement officer, or other public official shall confiscate or attempt to confiscate any lawfully carried or lawfully owned firearm, rifle, shotgun, machinegun or ammunition.
Whoever violates the provisions of this section shall be subject to a civil fine of not less than $500 nor more than $5,000 for each firearm unlawfully confiscated or by imprisonment in a state prison for not more than two and one-half years.
Nothing in this section shall prohibit the confiscation of a firearm, rifle, shotgun, machinegun or ammunition from any person who;
(a) Has been placed under arrest;
(b) Is the subject of a protection order issued under Chapter 209A;
(c) Has had their Firearm Identification Card or License to Carry revoked or suspended.
GOAL Files Amended “Katrina” Bill
During the last legislative session Senator Richard Moore filed, on behalf of GOAL, “An Act Prohibiting the Confiscation of Lawfully Owned Firearms During the State of Emergency” The legislation was filed as a result of the unlawful confiscation of privately owned firearms during the state of emergency in Louisiana, specifically New Orleans.
GOAL’s bill nearly became law, but was held up at the last moment during informal session by the Massachusetts Chiefs of Police Association. While the Association never contacted GOAL with any objections, we were informed that their main concern was that they could not determine what a lawfully owned firearm was. That alone speaks volumes for the need for real reform in Massachusetts.
Another concern about the bill came from the typical officer on the street. They expressed distress over the fact that they would be held accountable for confiscating firearms, but the person who ordered the confiscations would not face any penalties. Thus, GOAL has amended the bill to punish both.
“During the last legislative session this bill represented a litmus test of sorts here in Massachusetts,” said Jim Wallace Executive Director of GOAL. “It was a clear test to see if the legislature and law enforcement would accept that they could not unlawfully confiscate private property and further, leave citizens defenseless against marauding gangs of criminals when calling for help wasn’t possible. Sadly, the state failed that test.”
GOAL urges all of its members to contact their legislators and ask them to support this legislation by signing on as a co-sponsor. (The bill has not yet been assigned a number.)
AN ACT prohibiting the confiscation of lawfully owned firearms during a state of emergency
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 140 of the Massachusetts General Laws shall be amended by adding the following section;
Section 129E. Prohibiting the confiscation of lawfully owned firearms.
No government official or any person acting on behalf of the Commonwealth of Massachusetts shall order the confiscation of, or otherwise cause the confiscation of, any lawfully carried or lawfully owned firearm, rifle, shotgun, machinegun or ammunition.
No law enforcement officer, person acting as a law enforcement officer, or other public official shall confiscate or attempt to confiscate any lawfully carried or lawfully owned firearm, rifle, shotgun, machinegun or ammunition.
Whoever violates the provisions of this section shall be subject to a civil fine of not less than $500 nor more than $5,000 for each firearm unlawfully confiscated or by imprisonment in a state prison for not more than two and one-half years.
Nothing in this section shall prohibit the confiscation of a firearm, rifle, shotgun, machinegun or ammunition from any person who;
(a) Has been placed under arrest;
(b) Is the subject of a protection order issued under Chapter 209A;
(c) Has had their Firearm Identification Card or License to Carry revoked or suspended.