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SD.2637: Legislation To Remove AG Authority On Firearms Sales

Discussion in 'General Discussion' started by MAJoe, Jul 24, 2016.

  1. beach

    beach

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    Deb wassermanachuktz gad to resign she violated Bernie support civil rights, Healy violated our civil rights. The 2nd amendment is much older than the settled law of climate change, gay marriage and transgender bathrooms. As Jim Wallace said at the rally if it can happen to me it can happen to thee. This is a powerful argument.
     
  2. ruebarb

    ruebarb

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    AG made an independent determination of the copycat clause and declared we are fellons, if her decre is revoked and she has no power over developing further guidelines around the law, then we atleast only have to deal with legislation.

    Sent from my SAMSUNG-SM-N900A using Tapatalk
     
  3. jasons

    jasons Moderator Moderator NES Life Member NES Member

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    131M is the actual law in the MGL that makes "assault weapons" illegal. It was not promulgated by the AG, nor is it a rule or a regulation, so I fail to see how this bill would repeal it.

    The problem is that the AG's interpretation is out of the bag as it were. Nothing stopping an DA from seeking charges based on her interpretation. The only way real way to fix this now is to address 131M, which is something that this bill, while good, falls short on.
     
    Last edited: Jul 25, 2016
  4. ruebarb

    ruebarb

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    My AWB compliant AR 15 is NOT an Assault Weapon.

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  5. jasons

    jasons Moderator Moderator NES Life Member NES Member

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    I don't think so either, but I'm not a DA.
     
  6. jasons

    jasons Moderator Moderator NES Life Member NES Member

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    Guys, the bill is right here to read for yourself: https://malegislature.gov/Bills/189/Senate/SD2637

    While it does address the AGO's ability to regulate (which is a good thing in and of itself) it does not in any way address 131M or anything else in the actual MGL for that mater.

    In other words it would turn this:
    Into this:
    And on a side note, the AG's guidance isn't even a regulation. It's not a CMR, just "guidance." I'm not sure this bill would even address it anyway.
     
    Last edited: Jul 25, 2016
  7. If 100% of the efforts going forward aren't going into repealing the AWB entirely, then it is a frivolous waste of time, money and energy and at the end of the day, you'll still have the ban.

    You'll still have a group of people dictating to you as to what private property you can own.

    You'll still have a group of people dictating to you that they can openly violate their oath of office at your expense in denying you your unalienable right to the pursuit of happiness.

    You'll still have a group of people dictating to you that they can and will endorse, enact and enforce a multi tiered system of laws and justice, where there is ALWAYS and exemption for both them and the police they will eventually send to your door.

    You'll still have a group of people dictating to you that they are above the law and can do as they please without the consent of the governed.

    You'll still have a group of people dictating to you that an inanimate object is responsible for crime, rather than the individual/s involved.

    The majority of states, forty-three, have no assault weapons ban.......do you see the problem YET????
     
  8. Dadstoys

    Dadstoys NES Member

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    Already done to both the national GOP and state.
    Crickets so far.
    Let's do this.
     
  9. Dadstoys

    Dadstoys NES Member

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    There's no "Might" about it.
    You own one and your a felon according to the new supreme overlord.
     
  10. hv55maxx

    hv55maxx NES Member

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    The fuerher did proclaim during this spat that the AWB didn't really do anything and that it applied to cosmetics. That might get the ball rolling to at least opening legiscritters to education about firearms. And then repeal the stupid fu(king ban


    Sent from my iPhone using Tapatalk
     
  11. mecheenop

    mecheenop

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  12. kevin9

    kevin9

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    Section 131M only defines the offense (i.e. what's banned), but not what an assault weapon actually is; that's defined in Section 121. S121 contains the definition of "assault weapon" as a type of "weapon" (a subset), and contains the "copies or duplicates" wording that Herr Healey has attempted to "clarify". "Weapon" is defined in 121 as "any rifle, shotgun or firearm."

    This bill rolls back the definition of assault weapon and the AWB to where they were on April 19th by preventing the AG from making any regulations, determinations, directions, guidance or clarifications regarding "weapons", and rolling back all prior AG actions relative to "weapons".
     
  13. amm5061

    amm5061 NES Member

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    So would this repeal the Glock ban, too?
     
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  14. rcwhat

    rcwhat

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    Exactly!
     
  15. NorthShore

    NorthShore NES Member

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    Great idea
     
  16. jasons

    jasons Moderator Moderator NES Life Member NES Member

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    No. No it doesn't roll back her guidance. It limits the AG's authority to regulate. This isn't even a regulation, it's just guidance. Her opinion for lack of a better word. It's not even a CMR. Anybody else can take her "interpretation" or "opinion" or whatever you want to call it and run with it.

    And 131M is the teeth of the MA AWB:
    No 131M, no AWB....

    At the very least we should push to get the AG's 7/20 "promise that's not a promise" date codified into the law via an amendment of 131M. That still wouldn't fix the problem going forward but at least it gets us off the gallows for the stuff we already owned.

    Sigh... Whatever guys, go nuts.
     
    Last edited: Jul 25, 2016
  17. dawesrevere

    dawesrevere NES Member

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    The atty general's website has a section that allows you to file civil right complaints. .could we all file claims against her.
     
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  18. jasons

    jasons Moderator Moderator NES Life Member NES Member

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    Go nuts.
     
  19. dgrantdoherty

    dgrantdoherty

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    Then what. These people need to unify with a goal and direction. What are your thoughts. What are the steps?
     
  20. jasons

    jasons Moderator Moderator NES Life Member NES Member

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    Here are some. I'm sure there are others that I'm missing:

    First and foremost, get educated. Read the bills and understand what they will and will not do. Learn how the process works. Follow the bills as they move from committee to committee and be prepared to write and call the committee members, especially chairs, with your support for the bills.

    Absolutely support SD.2637. Call and write your legislators and demand they support it too. Show up at the hearings when it's time and testify.

    In addition to SD.2637, call your legislators and demand that the AG's "just the tip pinky promise" be addressed by repealing or at the very least modifying Chapter 140 Section 131M. At a ~minimum~ the date needs to change so that there's no ambiguity as to our status prior to that date. (Repeal is better, but it will be a tough fight. An amendment may be more politically expedient to solve the emergency that the AG created.)

    Make no mistake, the AG did create a legislative emergency here. Make sure they understand how serious this is - that you're a criminal living under the threat of prosecution until they address it. Push the issue - it can't wait until next year or even next week.

    Reach out to GOAL. Give them money and follow their guidance. Ask them how you can help. This isn't their first rodeo.

    Same with Comm2A.

    Same with NRA-ILA and the other national orgs.
     
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  21. crazymjb

    crazymjb

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    I'd also start spamming the shit out of big MA gun companies (S&W, Troy, etc) to start sharing this shit around to their MA customers.

    Mike
     
  22. Individualist

    Individualist NES Member

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    Like BCM? They just completely wrote MA off. We're a small market so they take the hit. I gave them hell and they basically gave me the B.S. corporate line about how they need to think about ALL of their other customers, not just MA. Sorry, Charlie. They deserted us without so much a blink. BCM is dead to me.
     
  23. jamesvt

    jamesvt

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    I am a bit disappointed in BCM's decision, but I will still buy their products because they won't sell to any MA law enforcement either. Now if they decided to still sell to law enforcement in MA I wouldn't buy anything from them ever again.
     
  24. crazymjb

    crazymjb

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    No, like S&W, Troy, etc. The ones that are based in this state.

    I think you are making a mistake to write off BCM. The AGs guidance is incredibly foggy. BCMs lawyers undoubtedly told them they face a huge financial risk selling here, and can also get their customers bound up. What the AG did is unprecedented, and is incredibly confusing as evidenced by the confusion on this forum. It does seem to me they should be able to sell parts/uppers, but I'm not a lawyer, and I'm certainly not their lawyer. Just the fact that the AG is arbitrarily declaring things that happened in the past as violative of the law in a manner its never been read before should be enough to scare manufacturers. Undoubtedly this is part of her plan.

    They are being overly safe, but not without reason.


    Imagine if we could get gun shops to make people call their reps and ask for the support of this bill before proceeding with a sale....

    Mike
     
    Last edited: Jul 26, 2016
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  25. jdubois

    jdubois

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    Careful there. I don't see that § 121 defines "assault weapon" as a subset of "weapon". It defines it as having the same meaning as the expired federal § 921(a)(30) *. You cannot assume it means the same as "weapon" just because it has the word weapon within it, because the § 121 definition of "weapon" applies to §§ 122 to 131Q, and "assault weapon" specifically defines itself independently.

    Why does it matter? Because it is why Healey thinks she can claim that stripped lowers are "assault weapons" even though they are not "weapons". Assault weapons are not limited to the state definition of weapons under the § 121 definition.


    * I think this is an interesting line of attack. If it has the same meaning as the federal meaning, and ATF at the time interpreted it to not include 'ban-compliant' guns, then shouldn't the state law follow the ATF determination? With Healey's "guidance" we now have a clearly different meaning from the federal meaning.
     
  26. MachineHead

    MachineHead NES Member

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    ^^^^^^THIS!

    /thread
     
  27. Horrible

    Horrible NES Member

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    Can we have the OP add the reference for the bill (SD.2637) to the title of the thread, please?

    Will make it easier for people that are writing their Legislators to reference!

    Thank you
     
  28. reeldog

    reeldog NES Member

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    THIS!!!
    Make no mistake, the AG did create a legislative emergency here. Make sure they understand how serious this is - that you're a criminal living under the threat of prosecution until they address it. Push the issue - it can't wait until next year or even next week.
     
  29. esamjj

    esamjj Guest

    Probably been said before, this deision is a test case and will effect the whole country over time if it stands. The mfg should know this. Not only the rifle mfg, but all the support industries will be effected. I would guess this is at least a $200M industry in MA. NEXT is semi-pistols. Only revolvers will be left, then none in less than 10 years.
     
  30. systematic chop

    systematic chop

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    Apparently the local NPR affiliate mentioned this on the morning news. Not sure whether that's good.
     

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