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Mass Katrina Bill Needs Your Help
Senate Committee on Ways & Means
617-722-1481
With the general budget debates over, on
Wednesday, June 4, 2008 the Massachusetts Senate will begin regular formal
sessions once again. Now that the Senate will be taking up regular business
again, it is time to continue work towards the passage of GOAL's bill
S.1401 "An Act Prohibiting the Confiscation of Lawfully Owned Firearms During
the State of Emergency". As our members recall this bill was filed as a result
of the unlawful confiscation of firearms during the Katrina disaster.
At the end of March this bill was released
favorably by the Joint Committee on Public Safety and Homeland Security. The
bill now resides in the Senate Committee on Ways & Means. GOAL is urging
our members to contact the Senate Committee on Ways & Means and urge them to
release S.1401 with a FAVORABLE report. The Committee can be contacted
at: 617-722-1481. As always we ask our members to be polite, brief and to the
point when contacting the State House.
Members appointed to the committee:
Panagiotakos of
First Middlesex
Brewer of Worcester,
Hampden, Hampshire and Franklin
Chandler of First
Worcester
Antonioni of
Worcester and Middlesex
Augustus of Second
Worcester
Baddour of First
Essex
Fargo of Third
Middlesex
Morrissey of Norfolk
and Plymouth
Pacheco of First
Plymouth and Bristol
Resor of Middlesex
and Worcester
Joyce of Norfolk,
Bristol and Plymouth
Tucker of Second
Essex and Middlesex
Wilkerson of Second
Suffolk
Creem of First
Middlesex and Norfolk
Spilka of Second
Middlesex and Norfolk
Knapik of Second
Hampden and Hampshire
Tarr of First Essex
and Middlesex
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Update 12/13/2007
GOAL is pleased to announce that the support of S.1401 "An
Act Prohibiting the Confiscation of Lawfully Owned Firearms During the State of
Emergency" is growing. Today we were forwarded a copy of a letter that will be
signed by the entire House Republican Caucus. This letter of support for the
measure is being sent to the House and Senate Chairs of the Joint Committee on
Public Safety and Homeland Security urging the Committee to report the bill out
favorably.
GOAL would like to express our thanks to the House
Republican Caucus for supporting this important civil rights bill. This brings
the total of supporting legislators to 27. GOAL urges its members to check the
list below and see if your local legislators have expressed their support yet.
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GOAL Urges Passing of State of Emergency
Bill
With winter approaching and being the time of year that the
northeast is most likely to face a state of emergency caused by our weather,
GOAL is asking the legislature to pass into law S.1401 - "An Act Prohibiting The
Confiscation Of Lawfully Owned Firearms During A State Of Emergency".
Filed by Senator Richard T.
Moore.
This bill would put in place a law that would
prevent government officials from confiscating lawfully owned guns during a
state of emergency. It also establishes punishments for any rogue officials that
choose to violate the law.
"No reasonable person
would say that citizens placed in a state of anarchy caused by a natural or
manmade disaster should be forced to give up their only means of protecting
their lives and property," said Jim Wallace Executive Director of Gun Owners
Action League. "When the looters and killers are breaking into homes looking for
food or property to steal and calling the police isn't even an option, it is the
government's obligation to ensure that the lawful citizen's are allowed to
protect themselves without harassment."
GOAL is urging all of
its members to contact their legislators and ask them to support S.1401
by:
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Sending a letter to
the Joint Committee on Public Safety and Homeland Security asking the
Committee to release the bill with a FAVORABLE report.
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Forward a copy of
that letter to GOAL so we can add their names to the legislators who support
preventing the illegal confiscation lawfully owned guns.
Click here to find your
legislator.
Bill
Text:
AN ACT
prohibiting the
confiscation of lawfully owned firearms during a state of emergency
Be it enacted by the
Senate and House of Representatives in General Court assembled, and by the
authority of the same, as follows:
SECTION 1. Chapter 140 of the Massachusetts General Laws shall be
amended by adding the following section;
Section 129E. Prohibiting the
confiscation of lawfully owned firearms.
No law enforcement officer,
person acting as a law enforcement officer, or other public official shall
confiscate or attempt to confiscate any lawfully carried or lawfully owned
firearm, rifle or shotgun in this state during a declared state of
emergency.
Whoever violates the provisions
of this section shall be subject to a civil fine of not less than $500 nor
more than $5,000 for each firearm, rifle or shotgun confiscated or by
imprisonment in a state prison for not more than ten years or by
imprisonment in a house of correction for not more than two and one-half
years.
Summary: This bill prohibits law enforcement or
government officials from confiscating the “lawfully owned or lawfully carried”
guns of citizens during a declared state of emergency.
A few years ago, television coverage during the aftermath
of the Rodney King trial showed rioters and looting throughout Los Angeles.
Careful observation would show that the rioters stayed clear of certain stores,
where shopkeepers who lawfully owned firearms were able to protect their
property.
More recently our nation saw first hand the devastation
caused by Hurricane Katrina. Adding insult to nature’s injury were the actions
of many state and local governments that poorly prepared, failed to issue
evacuation orders, and were caught flat-footed by the devastation. One of the
most tragic government actions was the confiscation of lawfully owned firearms.
Local law enforcement were going door to door,
confiscating firearms, and leaving good people at the mercy of criminals and
looters. One TV camera caught on tape an elderly woman having her arm broken as
she was thrown to the ground because she questioned the officer’s right to
confiscate her firearm. Court action regarding these confiscations is still
pending, as the city of New Orleans has been held in contempt of court for
failure to return these firearms to citizens.
Also common in photos being circulated around the internet
at that time were photos of neighborhoods where groups of people had banded
together to share food, water, and protection. Spray-painted signs warned
looters to keep away. People evacuated by canoe testified that criminals were
ready to take their few belongings away, and that it was only the presence of a
firearm, rifle or shotgun that prevented criminals from preying on others.
When civilized government fails, as it does in times of
extreme stress, good people are often left without basic services provided by
government – water, electricity, and fire and law enforcement service. That is
no time to disarm the good people of the commonwealth, as we know the criminal
element will thrive in such chaos.
List of Supporting Legislators
| House |
Senate |
| George Peterson (9th Worcester) |
Richard T. Moore (Worcester & Norfolk) |
| Geraldo Alicea (6th Worcester) |
Edward Augustus (2nd Worcester) |
| Denis Guyer (2nd Berkshire) |
Robert Antonioni (Worcester & Middlesex) |
| Frank Hynes (4th Plymouth) |
Stephen Brewer (Worcester, Hampden, Hampshire and Franklin) |
| Garrett Bradley (3rd Plymouth) |
Scott Brown (Norfolk, Bristol and Middlesex) |
| Vinny deMacedo (1st Plymouth) |
|
| Christine Canavan (10th Plymouth) |
|
| Bradley Jones (20th Middlesex) |
|
| John Lepper (2nd Bristol) |
|
| Paul Frost (7th Worcester) |
|
| Mary Rogeness (2nd Hampden) |
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| Fred Jay Barrows (1st Bristol) |
|
| Lewis Evangelidis (1st Worcester) |
|
| Susan Williams Gifford (2nd Plymouth) |
|
| Robert S. Hargraves (1st Middlesex) |
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| Donald Humason (4th Hampden) |
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| Jeffrey Perry (5th Barnstable) |
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| Karyn Polito (11th Worcester) |
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| Todd Smola (1st Hampden) |
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| Bradford Hill (4th Essex) |
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| Paul Loscocco (8th Middlesex) |
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| Elizabeth Poirier (14th Bristol) |
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| Richard Ross (9th Norfolk) |
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| Daniel Webster (6th Plymouth) |
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