Governor Patrick Attacks Lawful Private Gun Sales
In yet another attempt to label lawful gun owners as
untrustworthy, Governor Patrick is seeking to end the lawful sale of guns
between licensed citizens.
Under the current law M.G.L.
c 140, s 128A lawfully licensed gun owners can sell or transfer "... to
other than a federally licensed firearms dealer or organization named above not
more than four firearms, including rifles and shotguns in any one calendar year
..." This provision is contingent on both persons being lawfully licensed
within the Commonwealth and that the parties fill out and submit the state
transfer form FA-10.
In section 3 of the Governor's bill, he amends Section 128A
by requiring that all sales under this section take place at a license
dealership. He also allows the dealer to charge a $25 fee. Although the original
language is left in place, the amendment essentially does away with private
sales.
Special Note:
The Governor's one gun a month bill was originally
released as H3978. While it still remains that way on the official state web
site, the House Clerk's office now tells us the bill number has been changed to
H3991.
"The only reason to suggest this new law is that the state
government no longer trusts its lawfully licensed citizens," said Jim Wallace
Executive Director of Gun Owners' Action League. "The policy of the new
administration is becoming quite obvious. This is clearly a renewed attack on
lawful gun ownership. As if the worst in the nation laws passed in 1998 were not
enough to persecute the citizenry, our new Governor appears to be renewing the
far left tactics of Governor Dukakis and President Clinton in trying to demonize
lawful gun ownership."
All gun owners are urged to contact the Governor and ask
him why he doesn't trust the lawful citizens of his own state.
Governor Deval Patrick
Room 360
State House
Boston, MA 02113
Ph: 617-725-4005
Fax: 617 - 727-9725
Email go to:
http://www.mass.gov/?pageID=gov3utilities&sid=Agov3&U=Agov3_contact_us
(Governor's Bill H3991) SECTION 3. Section 128A of chapter 140 of the
General Laws, as so appearing, is hereby amended by adding the following 2
sentences:— Any sale or transfer conducted under this section shall comply with
section 131E and shall take place at the location of a dealer licensed under
section 122, who shall transmit the information required by this section for the
purchases and sales by utilizing the electronic verification link established by
the executive director of the criminal history systems board. A licensed dealer
may charge the seller a fee not to exceed $25 for each sale or transfer
electronically submitted on behalf of the seller to the criminal history systems
board.
Section 128A. The provisions of section one hundred and twenty-eight
shall not apply to any person who, without being licensed as provided in
section one hundred and twenty-two, sells or transfers a firearm, rifle or
shotgun to a person licensed under said section one hundred and twenty-two,
or to a federally licensed firearms dealer or to a federal, state or local
historical society, museum or institutional collection open to the public.
The provisions of section one hundred and twenty-eight shall not apply to
any resident of the commonwealth who, without being licensed as provided in
section one hundred and twenty-two, sells or transfers to other than a
federally licensed firearms dealer or organization named above not more than
four firearms, including rifles and shotguns in any one calendar year;
provided, however, that the seller has a firearm identification card or a
license to carry firearms, is an exempt person under the conditions of
clauses (n), (\%96), (r) and (s) of the fourth paragraph of section one
hundred and twenty-nine C, or is permitted to transfer ownership under the
conditions of section one hundred and twenty-nine D and the purchaser has,
in the case of sale or transfer of a firearm, a permit to purchase issued
under the provisions of section one hundred and thirty-one A and a firearm
identification card issued under section one hundred and twenty-nine B, or
has such permit to purchase and is an exempt person under the provisions of
section one hundred and twenty-nine C, or has been issued a license to carry
firearms under the provisions of section one hundred and thirty, or in the
case of sale or transfer of a rifle or shotgun, the purchaser has a firearm
identification card or a license to carry firearms or is an exempt person as
hereinbefore stated; and provided, further, that such resident reports
within seven days, in writing to the executive director of the criminal
history systems board on forms furnished by said executive director, the
names and addresses of the seller and the purchaser of any such large
capacity feeding device, firearm, rifle or shotgun, together with a complete
description of the firearm, rifle or shotgun, including its designation as a
large capacity weapon, if applicable, the calibre, make and serial number
and the purchaser’s license to carry firearms number, permit to purchase
number and identifying number of such documentation as is used to establish
exempt person status in the case of a firearm or the purchaser’s license to
carry number or firearm identification card number or said document identity
number, in the case of a rifle or shotgun.
