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
Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

News  

Monday, April 20, 2026

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

Anti-gun lawmakers in the Empire State are running out of things to ban.

U.S. House Removes Anti-Hunting Language from Farm Bill

News  

Monday, April 20, 2026

U.S. House Removes Anti-Hunting Language from Farm Bill

Last week, legislators on Capitol Hill delivered a significant victory for hunters and Second Amendment supporters by securing a critical fix to the House Farm Bill (Farm, Food and National Security Act of 2026).  

Trump Administration Shuts Down “Reputation Risk” as a Cudgel Against Gun Industry

News  

Monday, April 20, 2026

Trump Administration Shuts Down “Reputation Risk” as a Cudgel Against Gun Industry

The decades long discriminatory tension between the financial sector and the firearm industry underwent a positive shift with a final rule published on April 10 by the Office of the Comptroller of the Currency (OCC) and the ...

Swalwell’s Career Gets Nuked

News  

Monday, April 20, 2026

Swalwell’s Career Gets Nuked

One of the most rabidly anti-gun U.S. representatives, Eric Swalwell (D-Cal.), resigned from office last week under a disturbing cloud of accusations. These allegations included claims of sexual misconduct, and even sexual assault.

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Tuesday, April 14, 2026

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Today, April 14th, the legislature convened for a veto override session, and successfully overrode Governor Andy Beshear's vetoes of House Bill 78 and House Bill 312.

Maryland:  Legislature Adjourns Sine Die from 2026 Session

Friday, April 17, 2026

Maryland: Legislature Adjourns Sine Die from 2026 Session

This week, the Maryland General Assembly adjourned sine die for the 2026 session.

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

News  

Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Australia’s National Gun Buyback Already an “Extinct Policy”

News  

Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

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.