Esteemed Senators,
As a resident of this state, I was very concerned last week when the Attorney General decided, without even affording the legislature the minimum respect of advance warning, to dramatically re-interpret the laws of this state, which have been settled and well understood for 22 years. Despite the fact that her interpretation has never been held by any court, either Massachusetts or Federal, or by the BATFE during the 10 years that they were responsible for interpreting the same law, she felt that it was appropriate to decide, on her own initiative, to re-interpret this law in a way that makes hundreds of thousands of gun owners in Massachusetts criminals. Despite her assertions to the contrary, the confusion surrounding her interpretation is so severe that multiple small businesses in the state have already closed rather than risk prosecution.
Furthermore, while she has announced that her office has no current plans to pursue charges against any of the citizens of this state who, in the course of the last 22 years, followed the law as was written and interpreted up until the 20th of July, 2016, her announcement nevertheless makes those people criminals, and either she, or any subsequent Attorney General, or any local District Attorney in this state could decide to bring charges against any of these citizens for any reason she chooses.
SD.2637 is not a bill about gun rights. It does not repeal the state's assault weapons ban, remove licensing restrictions, or otherwise repeal any of the gun-control laws which have been properly approved by the state legislature over the years. All it does is ensure, explicitly and clearly, that the Attorney General is not empowered to change the law of this state by fiat, without regard to the proper legislative process. Today, this Attorney General has decided to pursue gun-owners. If her actions are allowed to stand by the legislature, tomorrow an Attorney General could decide to pursue anyone he or she pleases.
I ask you once again to please, without delay, pass SD.2637. In the past, when it became apparent that the laws of Massachusetts provided no protection against upskirt photography, the legislature was able to come together and correct the situation in two days. I hope to see the same swift, decisive correction from you all now.
Thank you,
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