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Massachusetts: Before and After H.4885, A Quick Look at Current Day Bay State Gun Law

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Charlie Cook, host of Riding Shotgun with Charlie, on Bearing Arms Cam & Co talking about the new Massachusetts gun law.
Charlie Cook, host of Riding Shotgun with Charlie, on Bearing Arms Cam & Co talking about the new Massachusetts gun law.

On June 22, 2022 the NYSRPA v. Bruen case was decided at the Supreme Court in favor of NYSRPA. The case eliminated the “proper cause” requirement in the Empire State when applying for a carry permit. While the ink on Justice Clarence Thomas’s opinion was yet to dry, the then un-elected New York Governor Kathy Hochul came up with the first Bruen-response carry killer bill.

Bruen lifted the nearly unsatisfiable “justifiable need” that New Jersey required to issue carry permits. The Garden State came up with their own Bruen temper fit bills. Some which included being able to carry a loaded firearm, but not being able to transport it. This, of course, leads to lots of unnecessary loading and unloading of a carry gun inside of someone’s car, in the parking lot of a business where other people could see you loading a gun.

The infinite wisdom in Massachusetts was to lay low and see what the other states that were affected by Bruen, which was only about eight of them, did before they moved forward. Part of the process was the “Gun Law Listening Tour” organized by Massachusetts State Representative Michael Day. We covered those extensively here at News2A.com.

Last summer, after the Gun Law Listening Tour had wrapped up, Day received a visit in his Beacon Hill office by Gabby Giffords. Shortly thereafter he proposed H.4420. It was 141 pages of anti-gun nonsense. Baystaters did the right thing and called their politicians. Day and his ilk shuffled around, changed the bill number several times, and got it passed the House in October 2023. They released the bill on the Thursday before Columbus Day, er… Indigenous People’s Day… and wanted to force a vote on Tuesday right after the long weekend.

I do have some good friends in the land of many exits (NJ). We have pissing contests to see which state is truly the worst when it comes to gun laws, New Jersey or Massachusetts. John Petrolino, my good friend and colleague here at News2A, would often say that Massachusetts was better. This new bill (now law) passed the Senate and the House quickly and was shortly thereafter signed by anti-gun Governor Maura Healey on July 25. H.4885 is going to prove to kill the Second Amendment in the land where the Revolutionary War started. It goes into effect 90 days from the date it was signed. It’s almost as if Healey looked at New Jersey Governor Phil Murphy’s bill and said “hold my Constitution.”

Before Bruen, life was bad yet bearable in Massachusetts. We had two types of licenses, a firearm identification card (FID) and a license to carry (LTC). According to the Massachusetts laws, a “firearm” is only a handgun. The FID allowed you to only possess non-large capacity rifles and shotguns. Not a “firearm.” Yes, you read that correctly, the firearm identification card doesn’t allow you to possess a “firearm.” For long guns possessed with the FID, it didn’t matter what type of action (bolt, pump, semi-auto, etc…) they were so an 18-year-old could possess a Ruger 10/22. However, soon, any semi-automatic rifle or shotgun will not be legal to be possessed by 18-20 year old young adults. The LTC with “no restrictions” was our concealed carry permit. We were able to carry in most places. We could not carry in school buildings, in courthouses, in federal buildings, or where there was a sign that said it was a Gun Free zone.

We had a pre-September 13, 1994 “assault weapon” ban. In 1998, Republican Governor Mitt Romney permanently adopted the 1994 “assault weapon” ban in the Bay State. We could possess so-called “high capacity” magazines, which would be 30 years old now. Of course magazines with more than 10 rounds made between 1994 and 2004 were all stamped “for law-enforcement/government use only”. But in 2004, under President George Bush, the federal “assault weapon” ban sunset. We still could not own a new magazine that holds more than 10 rounds. With the new bill, we can own pre-1994 “high cap” mags and we can take them to the range, but we can’t carry them on our person. And we can’t transport them loaded.

We have an “approved weapons roster” which are guns the state deemed “safe” for its subjects. If a manufacturer did not want to participate in these “safety tests”, then their guns would not be on the approved weapons roster. However, those firearms not on the approved weapons roster could be purchased for law-enforcement only. The post-1994 “high cap” mags could be purchased, possessed, and carried by LEOs. And then of course a Law Enforcement officer could then sell a firearm not on the approved weapon roster to one of the subjects through a private transfer. The subjects do not get in trouble for having the firearm, however, the FFL could get into trouble for transferring a gun not on the list. The absence of a a handgun from the list doesn’t mean it can’t be owned by the people, it just can’t be transferred through an FFL.

The “approved weapons roster” does not include rifles or shotguns. But the bill with its new “firearm” definition makes rifles and shotguns “firearms”. So they can’t be purchased from an FFL dealer.

We used to have “prohibited people” and “suitable people”. Bruen was supposed to eliminate “suitable people” and only leave us with prohibited people who could not obtain an FID/LTC. What is a “suitable person”? Who knows. Maybe someone who listens to music too loud late at night? Maybe someone who has a history of speeding tickets? Maybe someone who used to beat up the chief of police when they were in junior high?

The licensing process was done through town police. Everything was sent to the state police for a second background check. Once approved, the state would make the license, send it to the local place, and the subjects would be notified to pick up their FID/LTC. Once you had your FID/LTC, you could purchase your pitchfork with permission from the state.

The old training requirements had 29 approved courses. There are also approved instructors who can distribute the certificate from the Mass State Police. The courses include several of the NRA courses: Home Firearm Safety, Basics of Pistol Shooting, Basic Rifle, Basic Shotgun. Some courses from Sig Academy in New Hampshire were approved courses. Just to note, none of the USCCA courses are approved licensing courses. Once the course was completed and the subject had their certificate, they would apply at the local police department. They’d submit the application, the certificate, and a check/money order for $100. The police do a background check and send it to the state, who does another background check. Once passed, the state would make the license, send it to the local police, who would notify the subject their permission card was in.

The proposed process seems like it will go like this. The subject takes the class and the instructor submits their info to the state. The state makes the certificate and sends it to the person. Then they apply at the local police, do the interview, give the certificate, application, and $100. Next is the background check and send it to the state for another background check. Then the state sends the license to the local PD and they notify the people. There’s an extra step the state has to do by making and sending out the certificate. The state law currently says they will process applications within 40 days. I renewed my LTC in the fall and it was 8 weeks. That’s 16 days longer than the law says. But there’s nothing enforcing the state to get it done in time. We have no recourse.

For the record, I started the process to get a New Jersey FID card on February 16, 2023. I haven’t gotten it and haven’t heard from the NJSP since April 2023.

The old requirements were a safety course. The minimum was the NRA Home Firearm Safety, which is 4 hours long. The new requirements are much stricter. The MSP are going to develop a new curriculum, which includes live fire, a written exam, injury prevention, suicide prevention, and disengagement tactics. I get live fire, but I don’t agree with it. If I remember correctly, the city of Boston had a live fire requirement. And the qualification standard was higher for the citizens than for the police. A written exam doesn’t really prove anything either. Injury prevention…isn’t that 1) a safe direction, 2) finger off the trigger, and 3) check to see if the gun is unloaded. Jeff Cooper includes “treat all firearms as if they’re all loaded”. Suicide prevention seems good, too. I’m assuming that is going to be a video that can be played. Some instructors I talked with said they do this currently. So let’s talk about disengagement tactics. What does this mean? A quick google search of “disengagement training” gives me “worry disengagement training” and some type of dog training. I’m not sure what to expect for that.

However, all of this is to get the License To Carry. Guess what, it’s really a license to possess. We can’t just go buy guns or ammunition without an FID/LTC. Yes, in Free America you don’t need special training, hell, or government permission, to buy guns and ammo. But you do in Occupied Territory. You’ll have to do all this just to get an FID card as a 19 year old, who has their own apartment and lives with some friends. Or a 20 year old who is married and has kids.

What do criminals have to do to get a gun? Buy it off the streets. Steal one. No class. No live fire or written exam. No safety rules. No disengagement training. No suicide prevention. Just find someone willing to sell a gun for cash. Commit crimes. No problem. But you and me… we’ve got requirements. We have to please the king. Or queen.

Over the weekend, Petrolino was talking me down from the ledge about this. He reassured me that the NJSP barely put anything into the required course and qual in the Garden State. He said that anyone should be able to pass the course. Then I reflected on doing the NJSP slides for the FID card. And I remembered the NJSP used a drawing of a break action revolver in their presentation.

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