HD.4420 An Act Modernizing Gun Laws
In keeping with our mission of being nonpolitical the following is an alert of an attempt by certain politicians to criminalize Massachusetts residents and legal gun owners with no significant impact on those who engage in criminal conduct.
The following is taken directly from HD.4420 An Act Modernizing Gun Laws pages 124 and 125
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.
(1) Whoever possesses a firearm, loaded or unloaded, as defined in section 121 of
2607 chapter 140, in a prohibited area, and knows or reasonably should know such location is a
2608 prohibited area shall be punished by a fine of not more than $1,000, imprisonment in the house
2609 of correction for not more than 2 ½ years, or both such fine and imprisonment.
2610 (2) For the purposes of this section, “prohibited area” shall mean any of the following,
2611 including in or upon any part of the buildings, grounds, or parking areas of:
2612 (i) a place owned, leased, or under the control of state, county or municipal government
2613 used for the purpose of government administration, judicial or court administrative proceedings,
2614 or correctional services;
2615 (ii) a location in use as a polling place or used for the storage or tabulation of ballots;
2616 (iii) an elementary school, secondary school, college, university or other educational
2617 institution including transport used for students of said institution and places where persons are
2618 assembled for educational purposes;
2619 (iv) any private property, including but not limited to residential, commercial, industrial,
2620 agricultural, institutional or undeveloped property, unless the owner has provided express
2621 consent or has posted a sign indicating that it is permissible to carry on the premises a firearm
2622 with a valid and lawfully issued firearm license or permit under Chapter 140;
PROHIBITED AREA
2610 (2) For the purposes of this section, “prohibited area” shall mean any of the following,
2611 including in or upon any part of the buildings, grounds, or parking areas of:…
The proposed legislation if enacted into law would require you as a lawfully licensed gun owner to seek express permission before entering the property/business owner with a lawfully possessed firearm,
Arguably this provision is overly broad and confusing as the word “owner” is not defined.
Would you need to determine who the owner of McDonald’s is prior to entering McDonald’s, or their parking lot, with a legally registered firearm?
Would you need to determine who the owner of Dunkin’ Donuts is prior to entering a Dunkin’ Donuts drive-through with a legally registered firearm?
Ask yourself, how will this requirement make the Commonwealth more safe?
Will the career criminal with an illegal firearm that they purchased on the street first go into the property of the small business owner, gas station, or convenience store and ask permission to bring a firearm for the purposes of a holdup.
The proposed law also includes in its definition of prohibited area not only the building but the grounds and the parking lot/areas.
The proposed law also places the burden upon you to determine who the “owner” is and obtaining permission prior to entry. This is effectively making the entire state a no trespassing zone/ “prohibited area” if you are a legally and lawfully carrying a firearm.
Consider the situation where you take your spouse or significant other to the drugstore to pick up a prescription. They go into the drugstore to get the prescription while you sit in your car in the parking lot waiting for them to come out. In this situation under the proposed law you could be arrested if you are carrying your legally possessed firearm if you did not have the permission of the owner of the area where the vehicle is parked.
To take it one step further, strictly read you will need express permission to visit a friend or relative if you are in possession of a firearm loaded or unloaded.
This provision of seeking permission flies in the face of concealed carry. It is effectively places a properly licensed individual in disclosing to the public the fact that they carry a firearm. This provision provides a strong argument for constitutional carry.
Experts say there’s no conclusive evidence as to whether establishing such zones increases safety.
Harvard T.H. Chan School of Public Health
If you are a plumber, electrician, HVAC technician, real estate agent, contractor, delivery person or other professional who carries a firearm in connection with your every day activities consider what effect this law will have on your everyday activities and your business
Ask yourself:
When walking down the street and you walk by businesses/shops that extend out to the sidewalk .. how does this law affect that situation?
When you walk into a condominium building can the condominium trust prohibit you from walking the hallway to your unit?
How do we know what is the property of the business and what is public?
Isn’t the ‘public’ property in fact ‘owned’ by the city/town. Therefore no matter where you are you are in violation of the proposed law if you do not have permission by the city/town.
On the issue of ‘permission’ .. how long does the permission last?
Is it that visit only?
Indefinite?
Is it written?
If not in writing it opens a whole he said/she said situation if the permission comes into question. What then protects the legally carrying firearm owner?
Think and Consider
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 to make a simple phone call or send a letter to your state representative..
The choice is yours until you can no longer choose
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