Governor Patrick Announces Renewed Effort to Blame Lawful Gun Owners for Crime!

 

Click here to see the official press release.

 

It is important to note that the Governor's Proposals are separate from the report issued by the Joint Committee on Public Safety and Homeland Security that GOAL had already alerted its members about!

On April 5^th, 2007, Governor Deval Patrick held a press conference to announce his “so-called” anti-crime initiatives.  As part of this press conference, he announced his intent to file legislation mirroring his proposals.

Some of his proposals, such as money for youth jobs and other community initiatives make great sense. His proposal to create an “anti-crime council” makes us nervous as we know that in the absence of facts, many bad decisions regarding gun owners could be made.

Unfortunately, the governor has been receiving some bad advice, and some of his proposals target the good people of the Commonwealth.

Here are GOAL’s comments on what the governor proposed.

• Mandatory Post-release Supervision and Support for Re-Entry. Requires that all sentences to a jail, house of correction or state prison include a period of post-release supervision. Focuses on the 20,000 inmates released from incarceration each year. Importantly, 49 percent of all inmates recidivate within one year.

GOAL’s recommendation: As taxpayers, we should support well thought out professionally managed programs that will actually reduce the rate of recidivism.

• One Gun Per Month. Limits gun buyers to the purchase of just one firearm per month, a measure the Governor claims is already working in California, Maryland and Virginia. The measure is being sold as a means to target “straw purchasers” who buy guns for convicted felons and others prohibited from owning firearms. Also augments the reporting requirements for private gun sales.

GOAL’s recommendation: We are absolutely opposed to any limit on the number of firearms that may be purchased by licensed and law abiding citizens. The premise of such a law is that lawful gun owners are to blame for the illegal gun market on our streets. The state has not yet produced any evidence to show that licensed gun owners are turning into illegal gun traffickers. Until and unless such evidence is produced, this is nothing more than feel-good legislation that will have no effect in reducing crime.

The public is most likely unaware that currently if more than one handgun is being purchased within a five day period the dealer is required to fill out BATFE Form 3310 and submit a copy to the BATFE and the state agency in charge of licensing before the close of business. With this information already available, why is the state not arresting and prosecuting the gun traffickers the Governor says exsists?

For the record, we have listed below the steps that lawful gun owners must go through to purchase a handgun below.

• Pre-trial Detention for Gun Offenses. Adds firearm offenses to the list of crimes considered in the “dangerousness hearing” statute, where, after a hearing, a person can be held without bail pending trial.

GOAL’s recommendation: Such a proposal must be carefully worded.  We understand the desire to keep dangerous criminals off the street while they await trial. However, our concern is that the licensed citizen who is caught committing a victimless crime such as improper storage, or unlawful possession of a magazine manufactured after 1994, would be treated the same as the individual taking random potshots at a rival gang member.

GOAL is also aware of at least one case that tells us judges already have the authority to impose high bail on the possession of illegal firearms. In February, Superior Court Judge David A. McLaughlin ordered a suspect be held without bail because he was found to be in possession of an illegal handgun. GOAL does not agree with what the judge said about firearms in general, but the authority is clearly there. (Read the article.)

• Felony Punishment for Using a Firearm in a Crime of Violence. Any offender who commits a misdemeanor that involves the use of physical force against another while armed with a firearm will be punishable by up to 10 years in state prison.

GOAL’s recommendation: We support legislation that punishes the illegal use of guns. However, without seeing this language, we are cautious. The description above implies that misdemeanors will be turned into felonies by the presence of a firearm.

Concerned gun owners should immediately contact the Governors office at 617-725-4005. Politely tell his staff that you are opposed to further restrictions on lawful gun owners and urge the Governor to meet with Gun Owners' Action League's Executive Director to learn more about the failure of gun control in Massachusetts and how we need to fix the current laws.

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For the record this is the procedure for a Massachusetts resident to legally purchase a handgun from another state:

1. The individual must possess a License to Carry Firearms under Massachusetts General Law Chapter 140, Section 131. (A felony is an automatic lifetime disqualification for this license.)

2. The handgun that is to be purchased must meet the manufacturing requirements of 940 CMR 16.00 and MGL Chapter 140, Section 123. These regulations and laws restrict the makes and models of handguns that can legally be sold in Massachusetts.

3. The handgun must also meet the requirements of MGL Chapter 140, Section 131M which bans the possession, sale or transfer of high capacity magazines.

4. If the handgun is owned by a private citizen or a federally licensed dealer (18 U.S. Code 923) in another state, the handgun must be transferred to a licensed dealer in the state of Massachusetts.
5. The Massachusetts dealer must be licensed under federal law (18 U.S. Code 923) and state law (Chapter 140, Section 123). Once in possession of the handgun, the information must be recorded in the in-state dealers Bound Book (Bound Book - 27 CFR 178.125).
6. The proposed Massachusetts buyer must then appear in person to the Massachusetts Dealer and present their valid License to Carry a firearm and identification.
7. The buyer must complete a federal form ATF 4473 answering question about 17 different questions regarding their status as a qualified individual.
8. The dealer must also fill out a state form FA-10 which contains the information of the seller/dealer, the buyer and a description of the firearm. The form must then be signed by the purchaser.

9. If more than one handgun is being purchased within a five day period the dealer is required to fill out BATFE Form 3310 and submit a copy to the BATFE and the state agency in charge of licensing before the close of business.
10. The dealer must then conduct a background check on the proposed buyer through the National Instant Checks System.
11. If the dealer is equipped through the new Massachusetts Instant Records Checks System (MIRCS), the buyer must submit to a digital scan and recognition of their fingerprints.
12. If all the checks have passed, the dealer must instruct the buyer on the safe use and operation of the firearm and provide a tamper resistant mechanical locking device that has been approved by the Colonel of the Massachusetts State Police.
13. If all of the above steps are met, the transaction may take place.