Changes Within the New Gun Law

1. Firearm Registration and Serialization

• Registration Requirements:
  • All firearms, including frames, receivers, and unfinished frames or receivers, must be registered upon import, purchase, acquisition, manufacture, or assembly.
  • New residents have 60 days to register their firearms.
  • Retailers, gunsmiths, distributors, or manufacturers must register inventory within 7 days of acquisition.
  • Heirs receiving firearms have 7 days to comply. That is impossible since Probate Court can take over 1 year for Estates to Settle.
  • Privately made firearms must be registered within 7 days of manufacture or assembly.
• Serialization Standards:
  • Firearms must have a unique serial number conspicuously engraved, cast, or embedded to a depth of at least 0.003 inches and in a print size of at least 1/16 inch.
  • Non-metallic firearms require a metal plate with the serial number permanently embedded.

Concerns:

• Could you imagine if the Government wanted to set up a centralized, accessible database for any other Constitutional Right? Imagine being a criminal gang looking to target innocent law-abiding citizens? Just get access to the database. The Govt says it’s secure. Yet we all know that both the US Government and State of MA Official Databases have been hacked repeatedly over the past couple of years.
• Administrative Burden: The registration and serialization processes impose significant administrative responsibilities on firearm owners, retailers, and manufacturers, potentially leading to compliance challenges.
• Privacy Issues: Mandatory registration may raise concerns about the privacy and security of firearm owners’ personal information.
• Enforcement Ambiguities: The law lacks clarity on enforcement mechanisms, particularly regarding non-residents and the use of existing systems like MIRCs for compliance.
• Going to Destroy Collectible Guns by Serialization. Wealth destruction.

2. Assault-Style Firearms (ASF) Definition and Restrictions

• Definition:
  • Semi-automatic centerfire rifles accepting detachable magazines with two or more specified features (e.g., folding stock, pistol grip).
  • Semi-automatic pistols with detachable magazines and two or more specified features.
  • Semi-automatic shotguns with two or more specified features.
  • Enumerated list of specific firearm models classified as ASFs.
• Exemptions:
  • Firearms operated by manual bolt, pump, lever, or slide action.
  • Antique or permanently inoperable firearms.
  • Certain firearms specified in federal law as of September 13, 1994.

Concerns:

• Complexity and Ambiguity: The detailed criteria for classifying ASFs may lead to confusion among firearm owners and enforcement agencies.
• Impact on Law-Abiding Citizens: Individuals who legally owned firearms now classified as ASFs may face new restrictions or obligations, potentially criminalizing previously lawful behavior.
• Enforcement Challenges: Determining compliance with the nuanced features test may be difficult, leading to inconsistent enforcement.

3. Large Capacity Feeding Devices (LCFDs)

• Restrictions:
  • Possession limited to devices lawfully owned on or before September 13, 1994.
  • Transfers restricted to heirs, out-of-state individuals, or retailers.
  • Importation of LCFDs into Massachusetts is prohibited.
• Definition:
  • Devices capable of holding more than 10 rounds of ammunition or more than 5 shotgun shells.

Concerns:

• Retroactive Impact: Owners of LCFDs acquired after the specified date may be forced to relinquish their property, raising legal and ethical issues.
• Limited Transfer Options: Restrictions on transferring LCFDs may reduce their value and complicate estate planning for firearm owners.
• Enforcement and Compliance: Ensuring compliance with possession and transfer restrictions may be challenging, particularly for devices acquired out of state.

4. Frames and Receivers

• Regulations:
  • Unfinished frames and receivers are regulated similarly to completed firearms.
  • Possession and registration requirements apply to frames and receivers that could be considered copies or duplicates of enumerated ASFs.
  • Private builds of firearms classified as ASFs are prohibited after August 1, 2024.

Concerns:

• Impact on Hobbyists and Builders: Restrictions on unfinished frames and receivers may hinder lawful firearm enthusiasts who build firearms for personal use.
• Ambiguity in Definitions: The lack of specificity regarding what constitutes an “unfinished” frame or receiver may lead to legal uncertainties.
• Potential Overreach: Regulating components that are not yet functional firearms may be viewed as an overextension of legislative authority.

5. Muzzle Loading and Antique Firearms

• Regulations:
  • Certain muzzle loaders and antique firearms are reclassified as modern firearms, requiring an FID Card or LTC for possession.
  • Possession of black powder, percussion caps, and other ammunition components requires appropriate licensing.

Concerns:

• Impact on Historical Activities: Reenactors and collectors may face new licensing and registration burdens, potentially discouraging participation in historical events.
• Access to Ammunition Components: Licensing requirements for ammunition components may limit access for individuals without an FID or LTC.
• Ambiguity in Classification: The criteria for reclassifying antique firearms may be unclear, leading to confusion among owners.

6. Training Mandates

• Requirements:
  • New training curriculum developed by the state police, including injury prevention, suicide prevention, disengagement tactics, live fire, and a written exam.
  • Hunter Education certificates limited to FID Card eligibility.
  • Exemptions for individuals holding an LTC or FID prior to August 1, 2024, for renewals.

Concerns:

• Accessibility Issues: Live-fire training requirements may be impractical for residents in urban areas lacking shooting ranges, and transportation restrictions may further hinder access.
• Resource Allocation: Developing and implementing the new training

7. Red Flag Laws

• Changes:
  • The new law expands the list of petitioners who can file for an Extreme Risk Protection Order (ERPO) to include more individuals such as healthcare providers and educators.
  • Additional reporting requirements and stricter enforcement for immediate removal of firearms are included.
  • Extended durations for ERPOs may be applied, and the process for renewals is more rigorous.

Concerns:

• Potential for Abuse: Expanding the list of eligible petitioners could lead to misuse, with individuals using ERPOs for personal grievances or as tools of harassment.
• Due Process Issues: Immediate confiscation of firearms without an initial hearing may infringe on due process rights, leaving individuals with limited recourse.
• Stigmatization: Being subject to an ERPO can damage an individual’s reputation, even if the claims are later found to be unfounded.
• Administrative Burden: Managing an increased number of ERPO filings and ensuring that hearings are conducted within a reasonable timeframe could overwhelm court and law enforcement resources.

8. Ghost Guns

• Regulations:
  • All firearms, including those privately made, must be serialized and registered.
  • Unfinished frames and receivers, often associated with ghost guns, are subject to the same regulatory requirements as complete firearms.
  • The law bans the possession of untraceable firearms.

Concerns:

• Hobbyist Impact: Restrictions on unfinished frames and receivers may hinder lawful gun-building hobbies.
• Enforcement Feasibility: Ensuring compliance with serialization requirements for privately made firearms can be difficult and resource-intensive.
• Potential Overreach: Critics argue that regulating non-functional parts or components as firearms may extend legislative authority too far without tangible benefits.
• Limited Impact on Crime: While ghost guns can pose a threat, the broader scope of these regulations may disproportionately affect lawful builders rather than curbing illicit use.

9. Chemical Defense Sprays

• Changes:
  • Individuals under 18 must have a permit to purchase or possess chemical defense sprays.
  • Permits require passing a background check, obtaining parental permission for those 12-15, and paying a fee.
  • The penalty for unauthorized resale of chemical defense sprays includes up to 2 years in prison.

Concerns:

• Overly Harsh Penalties: The severe penalty for reselling chemical defense sprays may be disproportionate, impacting individuals who may not be aware of the restriction.
• Barrier to Access for Minors: Permit requirements and associated costs could deter minors from obtaining self-defense tools, potentially leaving them vulnerable.
• Administrative Complexity: Processing permits for minors adds another layer of bureaucracy, potentially slowing down access to self-defense options for those who need them.
• Effectiveness in Crime Prevention: The regulation of chemical defense sprays does little to prevent violent crime and instead focuses on administrative control.

10. Non-Resident Hunting and Junior Restrictions

• Changes:
  • Prohibits non-residents under 18 from hunting in Massachusetts.
  • Requires non-residents to register their firearms before entering the state for activities like hunting.
  • Bans the possession of semi-automatic firearms for non-residents.

Concerns:

• Deterrence to Outdoor Activities: These restrictions may discourage hunting tourism and outdoor sports, impacting local economies reliant on such activities.
• Impact on Tradition: Youth hunting traditions could be disrupted, reducing opportunities for family-based outdoor recreation.
• Overreach on Firearm Control: The non-resident regulations may disproportionately affect individuals visiting for lawful purposes without significantly addressing crime.

11. Semi-Automatic Shotguns and Rifles Licensing

• Changes:
  • Semi-automatic shotguns and rifles now require a License to Carry (LTC) instead of a Firearm Identification (FID) card.
  • Approximately 21,000 Massachusetts residents who currently hold only FID cards could now be considered felons if they possess semi-automatic firearms without an LTC.

Concerns:

• Criminalization of Law-Abiding Citizens: The sudden change could render thousands of residents non-compliant overnight, potentially turning law-abiding citizens into felons without their knowledge.
• Logistical Challenges: Upgrading from an FID to an LTC involves additional training, costs, and time, creating an administrative burden for both residents and licensing authorities.
• Disproportionate Impact: This change may disproportionately affect lower-income individuals who may not have the resources to upgrade their licenses quickly.
• Minimal Impact on Violent Crime: The requirement change primarily affects lawful owners and does not address criminal use of semi-automatic firearms.