The Massachusetts license plate motto is “The Spirit of America.” But there’s been a lot going on for Bay Staters that has been proving that motto to be empty words. In just four months, it will be the 250 anniversary of the “shot heard ’round the world’.” America started in Massachusetts. But let’s hope the law-abiding, background check passing subjects, er… citizens, won’t have to fire off their muskets.
Firearms Policy Coalition (FPC) has filed a motion to get rid of the Massachusetts “approved firearms roster” with a case against state Attorney General Andrea Joy Campbell. The case is Granata v Campbell.
For decades, there has been a roster of “approved firearms” that can only be sold from a Federal Firearms License dealer (FFL). Unfortunately, the MA gun laws used to only refer to handguns as “firearms,” not long guns. Long guns are called rifles and shotguns. There was no use of the word “handgun” in the Bay State law books. However, the approved firearms roster isn’t a list of guns that someone can’t own, they just can’t get them transferred through a licensed dealer.
“The Commonwealth of Massachusetts is not exempt from the United States Constitution and it cannot ban the sale of common handguns, full stop,” said FPC President Brandon Combs. “We look forward to eliminating this ban and continuing our progress and work restoring the right to keep and bear arms in Massachusetts and throughout the country.”
Several firearms that are not on the approved firearm roster can be purchased by law enforcement officers only. Let’s say an LEO decides he/she doesn’t care for a particular firearm that is not on the roster, then the officer could transfer that “firearm” to someone who does have a License To Carry (LTC). That’s a private transfer and (currently) doesn’t need to go through an FFL or a background check.
The motion argues:
Massachusetts has closed its borders to large portions of the modern handgun market, banning as “unsafe” many of the firearms that are most trusted by the American people across the country, substituting its judgment for theirs. That it cannot do. As Heller explained clearly, it is the choices of “the American people” that matter in deciding what is, and what is not, “in common use” and therefore protected…
The ironic part is that in 2023, MA State Representative Michael Day was tasked with “modernizing” the MA gun laws. One would assume that it would align with things like Heller from 2008 or Bruen from 2022. Quite the opposite. It sent MA residents back to Revolutionary War technology. A Bay State resident can own a muzzleloader without a permit as long as it was similar to something used back in the 1770’s. If someone has a contemporary muzzleloader that uses modern primers, then that person would have to have at least a Firearm Identification card (FID). The FID in MA allows someone to possess non-large capacity rifles and shotguns. But, of course, an 18-20 year old cannot possess any type of semi-automatic rifle or shotgun.
When H.4885 became law in October 2024, they did expand the “firearm” definition to include rifles and shotguns. Of course, the Commonwealth didn’t, or maybe they did, realize the roster doesn’t have any long guns on it. According to a letter sent to Law Enforcement Officers, License to Carry, FID holders, and Federal Firearm Licensees, a dealer can sell long guns as long as they aren’t prohibited.
The Secretary of EOPSS, pursuant to section 131 ¾ of chapter 140 of the General Laws, has approved the “Approved Firearms Roster,” in its current form. Licensed firearms dealers may continue to sell firearms contained on the rosters. Furthermore, under the Act and 501 CMR 7.00, dealers may continue to sell shotguns and rifles so long as they are not otherwise prohibited in Massachusetts.
With “modernizing” the gun laws, one would think that it would get closer to what other states are doing. Maybe something like permitless carry. Or not waiting for a background check if you have an LTC or FID when purchasing from an FFL dealer. You have to go through not one, but TWO background checks to get an FID/LTC.
Maybe “modernizing” would mean that you could buy a GLOCK 19, Gen 5, up in New Hampshire and have it shipped to your favorite local gun store to be transferred to you.
Maybe “modernizing” would mean that, since you’ve proved to the Commonwealth you’re not a criminal (becase that’s how rights work… eye roll), that you could purchase a magazine that holds more than 10 rounds that wasn’t made before September 13, 1994. That’s when the so-called “assault weapon” ban went into effect.
Massachusetts Attorney General Campbell does have a history of being in favor of gun control. Last year, Campbell and New Jersey AG Platkin teamed up to defend the Cook County “assault weapon” ban in Chicago, IL. These two AGs can’t keep their own states in line and they want to get involved with infringements in Illinois?
According to Campbell’s website, “Campbell has released a comprehensive gun violence prevention plan which includes establishing an Office of Gun Safety Enforcement, bolstering gun safety training requirements for gun owners and prospective gun owners, and strengthening existing gun safety laws.”
The “modernizing” of the gun laws have done nothing to bring the Bay State close to the freedoms that other states enjoy. Things like modern style and make of handguns, magazines with less infringements, and less hassle for those willing to take training and pass background checks to enjoy a civil right. Let’s hope that freedom and common sense prevail.
Thank you FPC.
