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
North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

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

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

Michigan: Firearm Safety Education Bill Signed Into Law

Friday, December 26, 2025

Michigan: Firearm Safety Education Bill Signed Into Law

On Tuesday, Michigan Governor Gretchen Whitmer signed House Bill 4285 into law, allowing middle and high schools to offer courses on hunter safety and responsible firearm ownership.        

CPRC’s Latest Report Outlines the Robust State of Concealed Carry in America

News  

Monday, December 22, 2025

CPRC’s Latest Report Outlines the Robust State of Concealed Carry in America

Dr. John Lott’s Crime Prevention Research Center (CPRC) has released its latest annual report on the state of concealed carry in the United States. 

2025 Grassroots Year In Review

Take Action  

Wednesday, December 31, 2025

2025 Grassroots Year In Review

As 2026 starts, we want to pause and recognize what we have accomplished together in 2025—and, more importantly, the work that all of you contributed to help us achieve these victories.

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

Thursday, December 18, 2025

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

In the NRA’s case, Brown v. ATF, the Department of Justice filed its opposition to the plaintiffs’ motion for summary judgment, along with its own cross-motion, defending the National Firearms Act of 1934’s registration requirement for suppressors, short-barreled ...

New Jersey: Legislature Passes Holiday Assault on Second Amendment

Tuesday, December 23, 2025

New Jersey: Legislature Passes Holiday Assault on Second Amendment

While people were busy preparing for the holidays, shopping, and spending time with family, anti-gun politicians in Trenton were busy snatching more of your constitutional rights. As we previously reported, Majority Democrats were diligently working ...

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

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.