Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Massachusetts Legislature Breaks New Ground in Gun Control

Friday, August 1, 2014

Last night, in the waning hours of Massachusetts’ legislative session, its House and Senate passed H.4376.  Seemingly out of definable categories of persons to deny the right to arms, this bill would make Massachusetts the first state in which an individual’s right to acquire any type of firearm would be subject to the discretion of a government official.  The bill went through numerous versions, some better and some worse than H.4376.  At one hopeful point, the discretionary provision was removed from the Senate version of the bill.  After lobbying by several current and former Massachusetts police chiefs -- the very sorts of officials whose authority over individual rights would be expanded under the bill -- a “compromise” was reached by a committee of the House and Senate. The new provision would allow issuing officials to deny the mandatory license needed to obtain a firearm on any basis of risk they could think of, subject to a court’s determination they had proven their case by a preponderance of evidence (a far lesser standard than required for conviction of a crime).

If there is any question of how some officials view the authority they expect to gain from the bill, Boston Police Commissioner Bill Evans made it clear how a discretionary provision would be used in Boston.  As we reported last week, in an interview with Boston Public Radio, Commissioner Evans claimed that “[f]or the most part, nobody in the city needs a shotgun, nobody needs a rifle, . . . I want to have discretion over who’s getting any type of gun because public safety is my main concern and as you know it’s an uphill battle taking as many guns off the street right now without pumping more into the system.” 

Just what sort of theories licensing officials will come up with to exercise their discretion under the bill is anybody’s guess.  A past version of the bill would have expanded the automatic “prohibited person” categories to cover many new misdemeanors.  This was eliminated from the final version of the bill, but the discretionary provision could be used to deny applicants licenses based not just on convictions but on mere arrests or police contacts that never led to judgments by a court.  Another provision of H.4376 seems to make clear that the intent of the discretionary provision is to significantly expand who would be prohibited from possessing firearms.  That provision would require the collection and reporting of convictions of a number of misdemeanor crimes that are not prohibiting under federal or Massachusetts law.  Clearly, somebody thinks this information will be considered relevant in who does and does not “deserve” a firearm.   

While H.4376 did contain some beneficial provisions for gun owners, leaving the mere exercise of the right to arms up to the discretion of government officials was a deal-breaking and unprecedented overreach by the legislature. Yet this is far from the bill’s only problem. It also imposes increased penalties for violations of so-called “lost or stolen” and “safe-storage” laws, the creation of new crimes that might be used to prosecute those who use their firearms defensively, and a provision that encourages doctors to intrude on their patients’ privacy to discuss firearm ownership.  The bill has not yet been signed into law, but Governor Deval Patrick has already signaled his support.  H.4376 is yet another example of the importance of electing representatives who will support the Second Amendment.

TRENDING NOW
ATF Proposes Beneficial Changes to Form 1 for NFA Firearms

News  

Monday, November 3, 2025

ATF Proposes Beneficial Changes to Form 1 for NFA Firearms

After the nasty tricks of the Biden-Harris administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) continues to hand out treats under President Trump.

Everytown Gun “Safety” Course: We Told Ya So

News  

Monday, November 3, 2025

Everytown Gun “Safety” Course: We Told Ya So

A few weeks ago, we mentioned that the anti-gun extremists at Everytown were ready to launch their own gun “safety” course. 

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

News  

Monday, November 3, 2025

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

An NRA-ILA alert last month highlighted the ways in which President Donald Trump has used his office to safeguard our rights protected under the Second Amendment.

Virginia: Election Results Threaten Your Second Amendment Rights

Wednesday, November 5, 2025

Virginia: Election Results Threaten Your Second Amendment Rights

The recent election has brought significant changes to the electorate, and the results couldn’t be clearer. An anti-gun majority now controls the House of Delegates, and an anti-gun Governor is preparing to take office. Together, they ...

Wall Street Journal Laments Self-Defense, Misleads on Facts and Law

News  

Monday, November 3, 2025

Wall Street Journal Laments Self-Defense, Misleads on Facts and Law

Last week, the Wall Street Journal (WSJ) published an article entitled, “Six Words Every Killer Should Know: ‘I Feared for My Life, Officer.” Using a mis-mash of half-baked statistics, legal misinformation, and cherry-picked anecdotes, it ...

Trump DOJ Continues to Support the Second Amendment in the Courts

News  

Monday, November 3, 2025

Trump DOJ Continues to Support the Second Amendment in the Courts

Earlier this year, the U.S. Attorney for the District of Columbia, Jeanine Pirro, announced a critical change to policies affecting gun rights in Washington D.C.

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

Wednesday, October 29, 2025

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

On Wednesday, the Senate Local Government Committee held a public hearing to gather information on Senate Bill 822, which would strengthen the Commonwealth’s firearms preemption statute. Among other provisions, this legislation would allow membership organizations to recover litigation costs when ...

Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

Wednesday, October 29, 2025

Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

In an act of political theater on Wednesday, October 22nd, the city council of St. Paul introduced a so-called "assault weapon" ban ordinance, which as written would ban the possession of popular firearms and standard ...

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

News  

Monday, October 27, 2025

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

The Windy City has its fair share of problems, but a lack of violent criminals isn’t one of them, as anyone who takes a moment to look through local crime news source CWB Chicago knows for a ...

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.