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Tag: red flag law

  • Healey moves to implement gun control law

    Healey moves to implement gun control law

    BOSTON — Gov. Maura Healey is moving to implement a tough new gun control law in response to a lawsuit challenging its provisions and a effort to repeal the restrictions.

    On Wednesday, Healey signed an executive order attaching an emergency preamble to the bill she signed in July that expanded the state’s bans on “assault” weapons and high-capacity magazines, outlawed so-called “ghost” guns and set new restrictions on open carry of firearms, among other provisions.

    Gun control groups praised the rare maneuver, which they said is aimed at blocking an effort by critics of the new law to block its implementation as they gather signatures to put the issue before voters in two years.

    “After years of advocating for these gun safety measures to become law, we weren’t going to stand by and let the gun lobby get in the way of our progress,” Anne Thalheimer, a survivor fellow with the Everytown Survivor Network, said in a statement. “We’re grateful to Governor Healey for standing with us and taking decisive action to ensure that this lifesaving law is implemented.”

    But the Massachusetts Gun Owners’ Action League, which has filed a federal lawsuit seeking to overturn the law’s training and licensing requirements, said Healey’s “radical move” signing the executive order makes hundreds of thousands of lawful gun owners across the state into “felons in waiting.”

    He accused the governor and Democratic lawmakers of waging a “consistent effort to silence our voices and mislead the general public.”

    “Ever since this tantrum against the Supreme Court decision Bruen started last year, the so-called ‘process’ has become even more putrid,” said Jim Wallace, GOAL’s executive director, in a statement. “At every turn, the Legislature and now the governor, have avoided honest public input, especially from the 2A [Second Amendment] community.”

    Wallace said despite the order the group is still urging the federal judge to issue a temporary injunction to block the law from going into effect as the ballot initiative and legal challenge plays out in court.

    Besides the legal fight, critics of the new law or gathering signatures to put the question before voters in the 2026 election. They argue that the restrictions will hurt businesses, cost jobs and deprive legal gun owners of their constitutional rights.

    The new law, which passed despite objections from the Legislature’s Republican minority, added dozens of long rifles to a list of prohibited guns under the state’s assault weapons ban, and outlawed the open carry of firearms in government buildings, polling places and schools, with exemptions for law enforcement officials.

    It also set strict penalties for possession of modification devices such as so-called “Glock switches” that convert semiautomatic firearms into fully automatic, military-style weapons. The state’s red flag law, which allows a judge to suspend the gun license of someone deemed at risk to themselves or others, was also expanded under the legislation.

    Massachusetts already has some of the toughest gun control laws in the country, including real-time license checks for private gun sales and stiff penalties for gun-based crimes.

    Gun control advocates argue the strict requirements have given the largely urban state one of the lowest gun-death rates in the nation, while not infringing on the right to bear arms.

    Despite those trends, Democrats who pushed the gun control bill through the Legislature argued that gun violence is still impacting communities across the state whether by suicide, domestic violence or drive-by shootings.

    Second Amendment groups have long argued that the tougher gun control laws are unnecessary, and punish law-abiding gun owners while sidestepping the issue of illegal firearms.

    Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.

    By Christian M. Wade | Statehouse Reporter

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  • Gun control foes push to repeal restrictions

    Gun control foes push to repeal restrictions

    BOSTON — Opponents of Massachusetts’ new gun control law are gearing up to repeal the tough restrictions, which they say will hurt businesses, cost jobs and deprive people of their constitutional rights.

    A law signed by Democratic Gov. Maura Healey in July expanded the state’s bans on “assault” weapons and high-capacity magazines, outlawed so-called “ghost” guns and set new restrictions on the open carry of firearms, among other provisions.

    The move was in response to concerns about mass shootings and gun violence.

    But critics of the new restrictions say they are unconstitutional and argue the changes will do little to reduce gun violence. They’ve started gathering signatures on petitions to put a repeal of the law before voters in the 2026 elections.

    The chief organizer of the repeal effort, Cape Cod Gun Works owner Toby Leary, said on Thursday that the petition-gathering effort is well underway and he is seeing strong support for putting the question on the ballot.

    “A lot of businesses and jobs are at stake,” Leary said during a livestreamed briefing sponsored by the state’s Republican Party. “The effects of this law on businesses will be catastrophic. Jobs will be lost. Businesses and livelihoods will be lost.”

    Leary said among the many concerns gun shop owners have about the new restrictions is that the expansion of banned firearms will reduce the kinds of rifles and other weapons that can be sold in the state, which will hurt bottom lines. He estimates about 50% of his business will be “put on hold” if the law isn’t repealed.

    “But this is also about freedom,” Leary said. “This law is so unconstitutional on every level. A lot of ordinary people are going to run afoul of this law.”

    Massachusetts already has some of the toughest gun control laws in the country, including real-time license checks for private gun sales and stiff penalties for gun-based crimes.

    Gun control advocates argue the strict requirements have given the largely urban state one of the lowest gun-death rates in the nation, while not infringing on the right to bear arms.

    Despite those trends, Democrats who pushed the gun control bill thorough the Legislature argued that gun violence is still impacting communities across the state whether by suicide, domestic violence or drive-by shootings.

    Second Amendment groups have long argued that the tougher gun control laws are unnecessary, and punish law-abiding gun owners while sidestepping the issue of illegal firearms.

    The new law, which passed despite objections from the Legislature’s Republican minority, added dozens of long rifles to a list of prohibited guns under the assault weapons ban, and outlawed the open carry of firearms in government buildings, polling places and schools, with exemptions for law enforcement officials.

    It sets strict penalties for possession of modification devices such as Glock switches that convert semi-automatic firearms into fully automatic, military-style weapons. The state’s red flag law, which allows a judge to suspend the gun license of someone deemed at risk to themselves or others, was also expanded under the law.

    The repeal effort is one of several seeking to block the law. The Massachusetts Gun Owners’ Action League, which is affiliated with the National Rifle Association, plans to file a federal lawsuit seeking to overturn the new law’s training and licensing requirements. Other legal challenges are expected.

    Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.

    By Christian M. Wade | Statehouse Reporter

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  • Gun rights group chips in $100K for court challenge

    Gun rights group chips in $100K for court challenge

    BOSTON — A national gun rights group pledges to help fund a legal challenge to overturn the state’s tough new gun control law that critics say will do little to prevent gun violence while depriving people of their constitutional rights.

    The Firearm Industry Trade Association said it has donated $100,000 to the Massachusetts Gun Owners’ Action League to support the group’s legal challenge against new restrictions on firearms licensing signed into law by Gov. Maura Healey.

    “Massachusetts is known as a birthplace of the American Revolution, but these lawmakers have turned their backs to rights that belong to the people and instead are instituting an Orwellian state over the citizens of the Commonwealth,” Lawrence G. Keane, the association’s senior vice president and general counsel, said in a statement.

    “The fight to protect liberty and individual rights begins anew and we are confident that when federal courts apply scrutiny to this law, it will be relegated to the trash bin where it belongs,” Keane said.

    The new law, signed by Healey last month, adds dozens of long rifles to a list prohibited under the state’s “assault” weapons ban and outlaws the open carry of firearms in government buildings, polling places and schools, with exemptions for law enforcement officials.

    It sets strict penalties for possession of modification devices such as Glock switches that convert semiautomatic firearms into fully automatic, military-style weapons. The measure also expands the state’s red flag law, which allows a judge to suspend the gun license of someone deemed at risk to themselves or others.

    Massachusetts already has some of the toughest gun control laws in the country, including real-time license checks for private gun sales and stiff penalties for gun-based crimes.

    But Second Amendment groups argue tougher gun control laws are unnecessary and punish law-abiding gun owners while sidestepping the issue of illegal firearms.

    GOAL, which is affiliated with the National Rifle Association, has dubbed the restrictions the “The Devil’s Snare” and say it represents the greatest attack on civil rights in modern U.S. history. The group has filed a federal lawsuit seeking to overturn the new law’s training and licensing requirements. Other legal challenges are expected.

    Members of the group have also filed a petition with the Secretary of State’s Office to begin gathering signatures on a petition to put a repeal of the law before voters next year. The group wants to suspend the law ahead of a 2026 statewide referendum.

    Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.

    By Christian M. Wade | Statehouse Reporter

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  • Sheriff’s Office Where Club Q Shooting Happened Never Used Red Flag Law

    Sheriff’s Office Where Club Q Shooting Happened Never Used Red Flag Law

    The sheriff’s office in El Paso County, Colorado — the county where five people were killed at the gay nightclub Club Q last week — has never pursued action under the state’s red flag law, The Colorado Sun reported.

    The law, which went into effect in 2020, allows law enforcement or family members of a person to petition a judge to temporarily take firearms away from them if they’re deemed a risk to themselves or others.

    Colorado Democrats have questioned why law enforcement — which is not mandated to petition a judge under the law — did not previously use it in the case of Club Q shooting suspect Anderson Lee Aldrich, who was arrested last year after threatening to harm his mother with a bomb and other weapons.

    The El Paso County District Attorney’s Office did not pursue formal charges in the since-sealed case, according to the Colorado Springs Gazette.

    A sheriff’s office spokesman confirmed to The Colorado Sun that the office has not initiated an extreme risk protection order — the first move to initiate a firearms seizure. However, he did not say why it has never taken action under the law.

    The El Paso County Sheriff’s Office did not immediately respond to a HuffPost request for comment.

    The law lets judges issue the order if the petitioner reveals a person to pose “a significant risk of causing personal injury to self or others in the near future by having in his or her custody or control a firearm or by purchasing, possessing or receiving a firearm.”

    The Colorado Sun noted that it’s unclear whether the order could have been used on the suspect but, unless it was extended, it would have expired prior to Saturday’s tragedy.

    Allison Anderman, senior counsel at Giffords Law Center to Prevent Gun Violence, told the newspaper that law enforcement could pursue the order even if “witnesses are uncooperative and when criminal charges have not been filed.”

    Bill Elder, the sheriff of El Paso County, which county officials deemed a “Second Amendment preservation county” in 2019, previously criticized the law in an interview with KOAA-TV.

    “We’re going to be taking personal property away from people without having due process,” he said. “We’re not going to pursue these on our own, meaning the sheriff’s office isn’t going to run over and try and get a court order.”

    The office later noted in 2020 that it would not pursue the order “unless exigent circumstances exist, and probable cause can be established … that a crime is being or has been committed.”

    Colorado, which is among 19 states along with the District of Columbia that have red flag laws, had the seventh-lowest rate of gun surrender orders per 100,000 adults in those regions, The Associated Press reported in September.

    El Paso County was one of dozens of Colorado counties that called themselves “Second Amendment sanctuaries”; however, sheriffs in those counties have still filed petitions since, Kaiser Health News reported.

    Colorado state Rep. Meg Froelich (D) told Colorado Public Radio that the state legislature should look at closing “loopholes” in the law.

    “When there are loopholes in enforcement, whatever they are, is it from a failure to follow the intent of the law, or is it a failure of the legislature to compel that piece of it?” Froelich said.

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  • Biden Voices Support For Assault Weapons Ban During Lame-Duck Congress

    Biden Voices Support For Assault Weapons Ban During Lame-Duck Congress

    President Joe Biden said Thursday that he was open to a last-ditch effort to ban assault-style weapons as the 117th Congress winds down and Republicans prepare to take over control of the House in January.

    With Democrats controlling both chambers of Congress for just a few more weeks, Biden said he would “start counting votes” to see how much support there might be for such legislation.

    “I’m going to try to get rid of assault weapons,” he told reporters during a Thanksgiving Day visit to Nantucket Island off the coast of Massachusetts.

    In less than one week, two major mass shootings claimed the lives of at least five people at a Colorado nightclub and at least six people at a Virginia Walmart, renewing once more the national debate over how to stop these horrific killings. Authorities say the Colorado suspect had both an AR-style rifle and a handgun, and the Virginia suspect, now deceased, used a handgun.

    Assault-style weapons are frequently seen in the deadliest mass shooting rampages, including both the Uvalde school shooting and the Buffalo supermarket shooting that attracted national and international attention this year.

    Biden has said repeatedly he is “determined to ban assault weapons” in the U.S. again after successfully helping implement a ban on new sales of certain semiautomatic weapons and large capacity magazines in 1994.

    Although the term “assault weapon” is often criticized by gun-rights advocates because its meaning is not well defined, it generally refers to semiautomatic rifles that are designed for rapid fire.

    “The idea we still allow semiautomatic weapons to be purchased is sick, it’s just sick,” Biden said Thursday. “It has no social redeeming value, zero, none. Not a single, solitary rationale for it.”

    The 1994 assault weapons ban was allowed to lapse after a decade, during the Bush administration.

    Other potential solutions include red flag laws, which allow a judge to step in and prevent a person from accessing guns if they are deemed to be at risk of crisis. Some gun control advocates say these laws can be very effective, but greater public awareness is needed to help them reach their full potential.

    Colorado has a red flag law in place, but why it was not used in the case of Anderson Lee Aldrich ― the Colorado club shooting suspect ― is not fully understood yet.

    Biden remarked on the apparent lapse as he spoke to reporters on Nantucket.

    “The idea that we’re not enforcing red flag laws … is ridiculous,” he said.

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