Update 2/21 Westford Ban

I want to make a few acknowledgements here. It will not be all inclusive as I am sure I may forget someone. There is a core group of about a dozen who have been completely involved in this day and night since we learned about it. You all have my heartfelt thanks.

Harvard Sportsmens Club where I am a member, immediately supported us by including it in their weekly email newsletter and allowing me to post signs around the club. The Board has been tremendously supportive. They allowed me to speak 'before' the meeting officially started lat night so I could go to another meeting. THANK YOU.

Four Seasons Firearms continues to have information posted on their website to let people know about the situation as well as alow us to post signs at their store. THANK YOU.

Blue Northern in Ayer has also been supportive and we have signs posted there as well. THANK YOU.

All the local clubs that we have reached out to have been very supportive and sent out communication to their members about this. THANK YOU ALL.

Westford Sportsmens Club has given us the use of their clubhouse for meetings. THANK YOU.

All the people who came out to the meeting last night, offered help, non-residents, people who have offered money, written and/or called the selectmen, etc. THANK YOU ALL FOR YOUR SUPPORT SO FAR AND YOUR CONTINUED SUPPORT.

And thanks to you for busting your ass out there to get the message out. I heard you speak at the HSC meeting (and got my membership the same night). I'll be out on Tuesday, barring any Executive Orders saying I can't come.
 
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Video is not there, at least not for me. Says the file has been moved of deleted...

Also, what legal costs will the town of Westford, hence the residents through use of their taxes, be subject to from likely lawsuits challenging the violation of individuals constitutional/civil rights? In other words, you should recommend that they add to the bill a provision to establish a minimum $10 million legal fund, through allocation of taxes, to counter any such lawsuits, or to pay damages...

See post 1 fornew link to video.
 
Well done video. Clearly illustrates how one person in the wrong position can disrupt local government and waste taxpayer dollars by pushing their own agenda. Shame on the rest of the BOS for not squashing this up front. If they had to pay for these antics with their own money they would have. Westford BOS has to obtain expensive town counsel advice on just about everything they do. Then they ignore the advice the town pays for.
 
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...Also, what legal costs will the town of Westford, hence the residents through use of their taxes, be subject to from likely lawsuits challenging the violation of individuals constitutional/civil rights? In other words, you should recommend that they add to the bill a provision to establish a minimum $10 million legal fund, through allocation of taxes, to counter any such lawsuits, or to pay damages...

That, or include hiring a lawyer for the town. Of course, it wouldn't surprise me if one of the jerk BOS has a brother-in-law who is a lawyer.


... waste taxpayer dollars by pushing their own agenda. Shame on the rest of the BOS for not squashing this up front. If they had to pay for these antics with their own money they would have. Westford BOS has to obtain expensive town counsel advice on just about everything they do. Then they ignore the advice the town pays for.

I think you mean would NOT have paid, right?
 
I thought this was a pretty positive piece in the Lowell Sun this Sunday:

Assault-weapon ban may go to Westford voters

By Sarah Favot, [email protected]
Updated: 02/04/2013 07:56:01 AM EST


WESTFORD -- Four days after a shooter killed 20 children and six adults at a Connecticut elementary school, Westford Selectman Robert Jefferies decided it was time to act.

Jefferies asked his fellow selectmen in December to support a bylaw banning assault weapons and high-capacity magazines within town lines. The board adopted Jefferies' proposal as one of its goals for the new year and, last week, it was placed on the warrant for the March 23 Town Meeting.

If the proposal remains on the warrant and is approved by voters, it could make Westford the first community in the state to institute a local assault-weapons ban.

"The push has to come from the bottom. I don't think it's going to come from the top," Jefferies said. He said it is important for the town to have a discussion about weapons in the community.

That discussion has begun. Several residents last week spoke before selectmen urging the board to take more time for debate on the measure.

Once the bylaw is passed, the state Attorney General's Office must review it to ensure it complies with state laws and the federal Constitution. No other community in Massachusetts has submitted a similar bylaw for an assault-weapons ban, nor have any similar bylaws been submitted for review recently, according to the Attorney General's Office.

Police Chief Thomas McEnaney said he was not aware of other towns that have adopted such a ban.

Massachusetts has among the strictest gun laws

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in the country and one of the lowest rates of gun deaths, according to the Law Center to Prevent Gun Violence, a group that promotes strict gun policies.
It is one of six states with bans on large-capacity magazines.

State law allows rifles to hold 10 rounds of ammunition and shotguns to hold five rounds. The exception is that .22-caliber weapons can hold up to 10 or 12 rounds, McEnaney said.

In response to the town's proposed bylaw, the Westford Sportsmen's Club, which has more than 700 members, released a statement:

"Massachusetts firearms laws are already among the most restrictive and complex in the nation. Westford Sportsmen's Club supports the Second Amendment rights of all citizens and opposes any local legislation that duplicates or is more severe than existing state law."

Jefferies said if the bylaw is passed by the town and upheld by the state, he would like signs on every entry road into town publicizing the ban.

Selectman Valerie Wormell questioned Town Hall's effort to put together a bylaw amendment, saying the town should explore first whether it has the ability to institute such a ban.

"Honestly, I think this is a colossal waste of time. I think it might be a political show," she said.

The proposed bylaw may not make it to Town Meeting floor, however.

Jefferies did not attend the meeting where selectmen closed the Town Meeting warrant.

The three selectmen present -- Chairman Kelly Ross, Jim Sullivan and Andrea Peraner-Sweet -- said they were inclined to leave the proposed bylaw on the warrant and decide sometime before Town Meeting if the entire board is prepared to go through with the warrant article.

"This has been one of the most interesting and difficult articles for me to have to make a decision on ... this one has people who I know really well feel very strongly about this and from both sides of the issue. They all make interesting and good points," said Ross.

"Even if the town does not do anything, I do believe that having a discussion about gun control should be had in our community," said Peraner-Sweet.

Sullivan said he felt as though the process was rushed and that only one side of the argument was heard.

Numerous residents requested the Board of Selectmen to take the article off the Town Meeting warrant.

Al Prescott, who said he was a state police-certified firearms safety instructor, said the board had put the proposal together hastily.

"You've made me a criminal overnight and please don't do that. I don't want to be made a criminal," he said, if the bylaw where to go into effect.

A Facebook group for those opposing the proposed gun ban was formed, but it has subsequently been taken down. The posting said it was taken down in an effort to have one united voice opposing the gun ban.

"Rest assured there are many Patriots among us," the final posting read.

The proposed bylaw states that the high firepower and military features of assault weapons are preferred by criminals and place law-enforcement officers at risk.

Among the highlights of the proposed bylaw:

* Gun owners would have 90 days to remove a banned assault weapon from town or surrender it to the police chief;

* Violators may be penalized by indictment or complaint in district court;

* Violators would face a fine of $100 for first offense, $200 for second, and $300 for third.

In an opinion from the town's legal counsel, Gregg Corbo, of Kopelman and Paige, the town's pursuit of a proposed ban appears in the clear. He said nothing in the statute states a legislative intent to preclude local action on gun control.

Follow Sarah Favot on Twitter @sarahfavot.



Read more: Assault-weapon ban may go to Westford voters - Lowell Sun Online
 
State law allows rifles to hold 10 rounds of ammunition and shotguns to hold five rounds. The exception is that .22-caliber weapons can hold up to 10 or 12 rounds, McEnaney said.

Where does the COP get his information?
 
Where does the COP get his information?

This was a direct quote from him during the first BoS meeting. Not defending him, but I thought he did a pretty good job defending the fact that current laws in the state are pretty strong and you have not been able to own an assault weapon in MA if it wasn't made before 1994.

Chris
 
I have just never seen the 12 round limit for .22 caliber. Is there any basis in reality for that figure?

I am looking forward to tomorrow night's meeting.
 
I just emailed the Westford selectmen about this. We recently sold our house and are looking to move to another town in Mass, and one of the towns we considered before all this was Westford, but now we've officially crossed them off our list. I let the selectmen know exactly why, too!
 
I have just never seen the 12 round limit for .22 caliber. Is there any basis in reality for that figure?

I am looking forward to tomorrow night's meeting.

There's an exception for fixed tubular magazine 22s. That's probably what he's thinking of. The Marlin Model 60, for example, holds 14.
 
I have just never seen the 12 round limit for .22 caliber. Is there any basis in reality for that figure?

I am looking forward to tomorrow night's meeting.

I am fairly sure he is wrong, I don't think there is a limit for tube-fed .22 rifles. I wonder how this applies to tube-fed centerfire rifles?

See you there!

Chris
 
Just wanted to share this email I got from the Chairman of the Westford BOS, Kelly Ross, in response to my letter:

Hi Mr. XXXXXXXX,

Thank you for writing to us.

No bylaw can go into effect in Westford without Town Meeting approval, and any registered voter in Westford can attend, speak, and vote at Town Meeting. We are moving through a process where the people will ultimately decide in the end. That's our system and the system in many towns, and I believe it has worked well.

It is unfortunate that this proposal has eliminated your desire to live in Westford. But that is your choice, of course, and I wish you well wherever you decide to settle.

Kelly Ross
Chairman
Westford Board of Selectmen
 
I didn't read every post, but how many gun related crimes has Westford seen in the past 10 years. Is there even an argument here about making the town safer?

Also, if this passed, I am sure it would be challenged all the way up to the supreme court. Wouldn't Westford have to pay for this (unless some other group funded it). That has gotta cost in the hundreds of thousands. If I were a resident, I would not be happy with my taxes going up for this.
 
Also, isn't this contrary to what was decided in MacDonald vs. Chicago? I don't know how a town can win this if a city didn't.
 
I didn't read every post, but how many gun related crimes has Westford seen in the past 10 years. Is there even an argument here about making the town safer?

Also, if this passed, I am sure it would be challenged all the way up to the supreme court. Wouldn't Westford have to pay for this (unless some other group funded it). That has gotta cost in the hundreds of thousands. If I were a resident, I would not be happy with my taxes going up for this.

Also, isn't this contrary to what was decided in MacDonald vs. Chicago? I don't know how a town can win this if a city didn't.

Silly boys. Using logic again aren't you?
 
I called all the numbers listed on NRAILA. Spoke with Kelly Ross' wife. She was polite and said she's been getting lots of calls. Also spoke w/Robert Jeffries for about 15min. He was also polite. He said he doesn't expect the thing to pass, but hopes it will provoke other towns to push for similar legislation -- to put pressure on the state to pass stricter laws at the state level. I guess at least he seemed to be blunt and honest...
 
If anyone Westford resident is attending, I would propose you ask a 3 part question:

1. How many gun related incidents have occurred in Westford, and how many were by non criminal Westford residents?
2. (I am assuming that this is a really really low number) The question to ask Westford residents, given what town counsel just wrote, which pretty much guarantees legal challenges, do we want to see our taxes increase to defend something that there is a good chance we will lose?

I think once people see something costing them money, it gets viewed in a whole different light...
 
If anyone Westford resident is attending, I would propose you ask a 3 part question:

1. How many gun related incidents have occurred in Westford, and how many were by non criminal Westford residents?
2. (I am assuming that this is a really really low number) The question to ask Westford residents, given what town counsel just wrote, which pretty much guarantees legal challenges, do we want to see our taxes increase to defend something that there is a good chance we will lose?

I think once people see something costing them money, it gets viewed in a whole different light...

To put this in context, last year Framingham settled a case with SMOC after spending over a million dollars defending itself because the continued cost of litigation(SMOC has unlimited govt $$$) was going to bankrupt the town.

If they are not willing to bankrupt the Town of Westford to see this through, they should stop now. If they have Bloomberg or other telling them that their expenses will be covered, they are putting personal aggrandizement above the good of the town, and should all be removed from office.

The real question to put to the selectmen, and the town, is: "Is this going to benefit the town? Is this really the most important thing we can do for our community to make it a better place to live?"

I know, I'm being silly again.

Good luck tonight.
 
Thanks for bringing this up. I will email my town Selectmen tonight. This is absolutely ridiculous, unconstitutional, and unnecessary. I'm surprised, appalled, and outraged. I had no idea this even happened, that's how sneaky this has been.
 
Make sure that this issue makes its way into the town budget discussion.

The town will need to budget a hefty 6 figure legal expense in year 1, just for litigation related to this proposal. Failure of the town to address this would be negligent on their part.

All that you need are a couple of letters from any interested party and/or their attorney threatening litigation on constitutional grounds.
 
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