HD.4420 An Act Modernizing Gun Laws
In keeping with our mission of being nonpolitical the following is an alert of an attempt to criminalize Massachusetts residents and legal gun owners with no significant impact on those who engage in criminal conduct. If you value your Second Amendment rights it is your responsibility to speak up for those rights.
The following is taken directly from HD.4420 An Act Modernizing Gun Laws page 37
The numbers on the left side are line numbers to make it easier for you the reader to see for yourself what the actual language is
I have bolded that language that in my opinion you should pay close attention to.
As you review the following text ask yourself
1. Whether this board is a fair and neutral and detached board or is it just the arm of the governor?
2. Is the makeup of proposed board constitutionally fair? Capable of providing due process?
3. Is the makeup of the proposed board what you would expect in a democratic society?
4. Would you expect a fair hearing?
Section 123A. Firearms licensing review board; members: license applicants; hearing
751 (a) There shall be a firearm licensing review board, established within the department of
752 criminal justice information services, in this section called the board, comprised of 7 members:,
753 1 of whom shall be a member of the department of criminal justice information services
754 appointed by the commissioner and who shall be the chair, 1 of whom shall be the secretary of
755 public safety or their designee, 1 of whom shall be the colonel of state police or their designee, 1
756 of whom shall be appointed by the Massachusetts Chiefs of Police Association, 1 of whom shall
757 be the attorney general or their designee, 1 whom shall be an attorney with litigation experience
758 in firearm licensing cases and appointed by the governor from a list of qualified persons
759 submitted to the governor by the Massachusetts Bar Association, and 1 of whom shall be a
760 retired member of the judiciary and appointed by the governor.
761 (b) An applicant for a long gun permit or license to carry who has been convicted of or
762 adjudicated a delinquent child or youthful offender by reason of an offense or offenses
763 punishable by 2 1/2 years imprisonment or less when committed under the laws of the
764 commonwealth which was not: (a) an assault or battery on a family member or household
765 member, as defined by section 1 of chapter 209A, except that the determination to be made under
766 clause (e) of said section 1 of said chapter 209A shall be made by the review board, may, after
767 the passage of 5 years from conviction, adjudication as a youthful offender or a delinquent child
768 or release from confinement, commitment, probation or parole supervision for such conviction or
38 of 140
769 adjudication, whichever is last occurring, file a petition for review of eligibility with the firearm
770 licensing review board.
771 (c) The petitioner shall provide to the board a copy of a completed long gun permit or
772 license to carry application, which application shall have previously been submitted to the
773 licensing authority or be submitted to the licensing authority contemporaneously with the
774 petition filed with the board. The petitioner shall have the burden to prove his suitability to
775 receive a long gun permit or a license to carry by clear and convincing evidence. The board shall
776 set a reasonable filing fee to file the petition.
777 (d) If the board determines, by 2/3rds vote, that: (i) the sole disqualifier for the petitioner
778 is any conviction or adjudication as a youthful offender or a delinquent child for an offense or
779 offenses punishable by 2 1/2 years imprisonment or less when committed under the laws of the
780 commonwealth, arising out of a single incident and which does not otherwise disqualify the
781 petitioner and which was not an assault or battery on a family member or household members, as
782 defined by section 1 of chapter 209A, except that the determination to be made under clause (e)
783 of said section 1 of said chapter 209A shall be made by the board; (ii) 5 years has passed since
784 such conviction or adjudication or release from confinement, commitment, probation or parole
785 supervision for such conviction or adjudication, whichever is last occurring; and (iii) by clear
786 and convincing evidence, that the petitioner is a suitable person to be a long gun permit or
787 license to carry holder, the board shall determine that the petitioner’s right or ability to possess a
788 firearm is fully restored in the commonwealth with respect to such conviction or adjudication
789 and that such conviction or adjudication shall not prohibit such petitioner from applying to a
790 licensing authority for a long gun permit or license to carry. The board shall make a
791 determination on a petition within 60 days after receipt of the petition.
39 of 140
792 (e) The board shall hold hearings at such times and places as in its discretion it
793 reasonably determines to be required, but not less than once every 90 days, and shall give
794 reasonable notice of the time and place of the hearing to the petitioner. The board shall have the
795 power to compel attendance of witnesses at hearings.
796 (f) All hearings shall be conducted in an informal manner, but otherwise according to the
797 rules of evidence, and all witnesses shall be sworn by the chair. If requested by the petitioner and
798 payment for stenographic services, as determined by the board, accompanies such request, the
799 board shall cause a verbatim transcript of the hearing to be made. The board’s decisions and
800 findings of facts therefore shall be communicated in writing to the petitioner and to the licensing
801 authority to whom the petitioner has applied or intends to apply within 20 days of rendering a
802 decision.
803 (g) Members of the board shall serve without compensation but shall be entitled to
804 reasonable subsistence and travel allowances in the performance of their duties.
805 (h) The executive office of public safety and security shall promulgate rules and
806 regulations to effectuate this section.
Discussion
Although you may disagree, it can be argued that the proposed board will be comprised of individuals with an allegiance to the governor. It is interesting that the attorney is limited to only those attorneys that are submitted by Massachusetts Bar Association, is being “qualified persons”
Would you want a school board that is appointed by the mayor or governor to oversee the education of your children?
Although you may see the two issues as dissimilar and not relevant, if you take a step back I suggest the principle is still the same. It is an issue of fundamental fairness and constitutional due process.
Whether it is a school board or firearms licensing review board you as a citizen are entitled to have any board that is affecting your rights to be constitutionally fair and without a predetermined agenda.
Trial by jury was designed to provide fairness. In a trial you have two opposing attorneys selecting individuals from a pool of citizens who have been screened by the judge theoretically to screen out prejudice, bias and insure constitutional fairness.
The jury is the ultimate factfinder that has been sworn to set aside its prejudice and bias. Under the current legal system there is an established process to hold both judges and juries accountable to their sworn duties obligations and responsibilities
The proposed board, the decision-maker, by either accident or design does not even have the appearance of fairness
Pause and Think.
One of the purposes of these various blogs is not only to educate but to promote discussion and for you to pause and think.
I suggest that once a constitutional right is gone and taken away it is lost forever.
I remind you that the first ten amendments of the United States Constitution are the Bill of Rights.
Sometimes the simplest thing you as a gun owner can do in protection of your Second Amendment rights is to make a simple phone call or send a letter to your state representative.
Sometimes most difficult thing to do in protection of your rights under the Constitution of the United States is to make a simple phone call or send a letter to your state representative.
With respect to the proposed law what have you done to protect your rights?
The choice is yours until you can no longer choose
DISCLAIMER: This and other segments posted on this website are offered for informational, educational and discussion purposes only and is not offered as legal advice and may contain editorial opinion. All product names are the property of their respective owners/companies. This blog may be considered a news media entity under title 47, chapter I, subchapter A, part 0, subpart C General Information. § 0.466 definitions (7) representative of the news media