State Thumbing Its Nose at Complying with Chapter 135 - Again

Hey folks, Jim Wallace here from Gun Owners’ Action League. Thought I'd chat today about the state once again ignoring the law when it comes to them basically complying. You know we've known forever that they don't care what the law says when it regards their actions. You know we've seen that for, how long, on the 40-day time line. They're supposed to process the license and they just don't care. As many times as chiefs have been brought to court, they just say OK we'll give that person a license. But then continue to delay it for everybody else. By the way, we're looking at bringing the entire system to federal court if we can figure out exactly how we're going to do that and hopefully we'll have some news on that soon.

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The most recent garbage that we're dealing with, of course we all know that live fire mandates are part of the new training requirements. Which by the way we haven't seen yet. We had filed a lawsuit on that in federal court. Having spent the money to develop the suit and actually file it and then they suspended that part of the law which seems to be happening quite a bit. But in this case, section 152 of the infamous chapter 135, requires the Executive Office of Public Safety and Security (EOPSS). I always love that last word, security, I don't know what that's supposed to mean but anyway, they're supposed to file a report with the legislature on live fire training expectations. Now, they're supposed to include, and this is what it says in this section:


… any recommendations to ensure that such live fire training does not become cost prohibitive and that resources and facilities to conduct such training are adequate and reasonably available to individuals in all regions of the state…


So it then goes further:


… prior to issuing such report and recommendations the secretary shall conduct no less now at a minimum two public hearings in different regions of the state to solicit public input…


Now, just yesterday, so that would have been about Thursday May 29th they held their first hearing, if you want to call it that, on the mandate. What actually happened was it was a Teams meeting so it was online. They haven't gotten out and talked to anybody at any of the ranges any of the clubs. They really haven't even talked to instructors other than those testified. But here's the interesting thing, they're already holding hearings on the impacts of live fire mandate when we don't even know what that mandate is yet.

So, again the state police haven’t even come together and put together any kind of curriculum surrounding the live fire mandate. So, how are we supposed to testify in front of EOPSS about something that doesn't exist yet. There were an awful lot of questions from instructors yesterday at this particular one.


Unfortunately, a lot of time a lot of people spend time arguing about the mandate when that's not what these hearings were about, but so be it. But everybody was asking the same questions how many rounds, what kind of guns, do they have to fire rifles shotguns handguns, everything nothing, what distances, is there like a qualifying thing? So, EOPSS is literally trying to put together a report on something that doesn't exist yet.


Now, I'm not sure if this is just malfeasance or something intentionally worse than that, but what are they supposed to tell the legislature? Not that the legislature actually cares, but the section of law they created in 135 gives very specific instructions to EOPSS and EOPSS is pretty much just going through the paces. They are actually ignoring the spirit of the section of law which supposedly has concerns, or expressed concerns, about people being able to access this training and can they afford it. I really don't think the state cares, but it's in the law and now even EOPSS is saying - yeah whatever. We're going to go through the paces and just file a report. Kind of reminds you of a certain listening tour that we supposedly went through where nobody actually listened.


In this specific case it shouldn't have been just some person who works for EOPSS that pretty much just ran the meeting by calling people's names and not interacting. This should have been a great discussion between the Secretary and those of us out there that have to supposedly make this thing work. Because there's all kinds of questions. You know, somebody actually brought up a great question yesterday - what if we can't get the ammunition? And now that you're tracking ammunition purchases, what if an instructor has to go buy 2000 rounds of ammo just for one class, is that somehow going to be keyed in on by the attorney general?


They see the people keep buying ammo and more ammo and more ammo and what if the ammo is not available? You know we've been through those time periods where ammo was pretty scarce. So, that and the fact that clubs are going to face more usage.

Is the state going to actually talk to the neighbors of these clubs in the towns they're in? Are they going to allow ranges to expand? Are they going to build public ranges, which we're one of the few states in the country that has none? Are they going to make sure that there are ranges within walking distance of public transportation?


Nothing has been talked about from EOPSS to the rest of us so it's going to be very interesting to see how they put a report together that basically covers nothing. There is another public hearing coming up, I think it's this coming week, and if you want to see more information on that you can go to our chapter 135 page. All the details are there, but I would urge people not to focus on the actual mandate itself. Feel free to mention how bad it is, but the real source of the problem is going to be the clubs and the trainers and how much more use and training there's going to have to be. Also - why am I testifying on something that doesn't even exist? I'd really like people to focus on that.

We will continue to fight this battle against the state that doesn't care about anything. It's pretty obvious because just look at the fact that we haven't had any more guidance, or clarification since last November. Even things like the long gun testing rosters and the handgun frames. Yeah, they've kind of suggested that those things are fine, but nothing in writing. Nothing from the Secretary that says this is what we're actually enforcing.


I truly believe they're not doing that anymore because they've realized that every time they release guidance they are weakening the law. I can't help but I think that there's a coordinated effort to no longer let that happen. If we know Governor Maura Healey, and her cronies, I'm sure that's precisely what's being done behind the scenes. Anyway folks, thanks for your support. We will continue this fight and hopefully you'll stay with us because this is going to be a long arduous battle. I don't see the Supreme Court coming to our rescue anytime soon, but that doesn't mean we're not going to keep trying to get there so thanks


CHAPTER 135 of the Acts of 2024, SECTION 152. Notwithstanding any general or special law, rule or regulation to the contrary, the secretary of public safety and security or a designee shall study and report to the legislature on recommendations to ensure the effective implementation of live firearm training as required pursuant to section 131P of chapter 140 of the General Laws. Said report shall include, but not be limited to, any recommendations to ensure that such training does not become cost prohibitive and that resources and facilities to conduct such training are adequate and reasonably available to individuals in all regions of the state. Prior to issuing such report and recommendations, the secretary, or designee, shall conduct not less than 2 public hearings in different regions of the state to solicit public input regarding the implementation of the live firearm training requirement. The report and any recommendations shall be filed with the clerk of the house of representatives, the clerk of the senate, the senate and house chairs of the joint committee on the judiciary and the senate and house chairs of the joint committee on public safety not later than 9 months from the effective date of this act.