Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Massachusetts: “Gun Control” Bill Passed State House, Sent to Senate

Wednesday, July 9, 2014

Unfortunately, the Massachusetts House of Representatives today passed House Bill 4278, a watered-down version of House Bill 4121, by a 112 to 38 vote.  While concessions were made and the NRA was able to scale back some of the anti-gun aspects, H.4278 still contains provisions which will directly and adversely affect your constitutional right to keep and bear arms.  As previously reported, this bill has already had multiple redrafts and was not given adequate time for review from stakeholders and policy makers.  Considering the draft of H.4278 was circulated late last night and became available to all stakeholders early this morning, it would be a wonder if many state Representatives even read it at all.

While H.4278 has been significantly improved in many areas, perhaps the bill’s most egregious provision, which gives issuing authorities discretion to deny firearm identification cards, remains in the current version of the House-passed bill.  This discretionary provision has been somewhat limited compared to prior versions to require that the issuing authority can show “reliable and credible information that the applicant or card holder has exhibited or engaged in behavior that suggests the applicant or card holder could potentially create a risk to public safety if issued a card; or (ii) existing factors that suggest that the applicant or card holder could potentially create a risk to public safety if issued a card.”

While an improvement over prior versions of this bill that would have given essentially unfettered discretion to issuing authorities to deny applicants or renewal applicants, it isn’t difficult to imagine how this provision will be abused if H.4278 becomes law.  For example, a government official with a personal grudge against an applicant or an opposition to individual gun ownership could use almost any “bad” conduct in an applicant’s past to deny the applicant, which might include any number of menial acts that wouldn’t normally prohibit a person from possessing a firearm.  Simple speeding tickets might be enough to show that a person “has exhibited or engaged in behavior that suggests the applicant or card holder could potentially create a risk to public safety . . . .”  Like current law, denials of a FID card would be reviewable by a court, however, because the bill does not include a standard for review of a denial under the new discretionary provision, a court would likely review those decisions under a very deferential “abuse of discretion” standard, which, in layman’s terms means that very few discretionary denials would likely be overturned.

Some of the other misguided provisions include new requirements which will create problems for hunter education courses and requirements that Massachusetts submit unnecessary records to NICS, including records of individuals who are NOT prohibited from possessing a firearm under state or federal law.

While H. 4278 does include some positive provisions, such as fixing the process for renewing both FID and LTC (License to Carry) cards, for the aforementioned reasons, the NRA remains opposed to this bill.  It is critical that you contact your state Senator and urge him or her to oppose H. 4278 in its current form.

Please also contact your state Representative and urge him or her to advocate for elimination of these misguided components in the state Senate.

Click here to identify who represents you.

TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

Wednesday, April 2, 2025

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

As the clock runs down on Governor Polis' 10-day window to veto Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, he continues to sit on his hands and let the bill gather dust on his ...

Maine: Bipartisan Coalition Deals Major Blow to Gun Control Bills in Committee

Friday, April 4, 2025

Maine: Bipartisan Coalition Deals Major Blow to Gun Control Bills in Committee

On Thursday, April 3rd, the Joint Standing Committee on Judiciary held work sessions on several gun-related bills. 

Tennessee: Gun Bills Advance through House Subcommittees

Friday, April 4, 2025

Tennessee: Gun Bills Advance through House Subcommittees

This week in Tennessee, the House Criminal Justice subcommittee and the House Civil Justice subcommittee dispensed with all the firearm-related bills on their calendar. The bills that passed through the subcommittees will advance to the ...

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

News  

Monday, March 31, 2025

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

On March 26, in a 7-2 decision (with Justices Clarence Thomas and Samuel Alito dissenting), the United States Supreme Court upheld a Biden administration gun control rule on what constitutes a “firearm” under 18 U.S.C. ...

Canada: A Fresh Gun Ban as Trudeau Exits

News  

Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

News  

Thursday, April 3, 2025

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

On April 1, 2025, Representative Ashley Hinson (R-IA-02) and Senator Tom Cotton (R-AR) reintroduced the Repealing Illegal Freedom and Liberty Excises Act, or the RIFLE Act. These bills (H.R. 2552 and S.1224 respectively) would remove a $200 excise tax that is imposed ...

Oregon: Permit-to-Purchase and FFL-Killer Bills Vote Delayed in Committee

Thursday, April 3, 2025

Oregon: Permit-to-Purchase and FFL-Killer Bills Vote Delayed in Committee

Yesterday, House Bill 3075 and House Bill 3076 were scheduled for a vote in the House Judiciary Committee. During the work session, the Committee Chair announced that the vote on these bills would be delayed until today, April 3rd, or ...

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

News  

Wednesday, April 2, 2025

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

Last week, U.S. Senator Jim Risch (R-ID) and U.S. Representatives Darrell Issa (R-CA-48) and Richard Hudson (R-NC-9) reintroduced the Freedom from Unfair Gun Taxes Act (S.1169 and H.R.2442 respectively). This legislation would prohibit states from ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.