Sweeping gun reforms pass Bay State Senate absent ‘grandfather’ clause
The chances of Massachusetts updating its already strict gun laws to reflect concerns over emerging firearms technologies went up significantly when the state Senate approved its version of a controversial gun control proposal over the objections of Second Amendment advocates.
The upper chamber passed their omnibus piece of gun legislation on Thursday night after dispensing with 79 proposed amendments. Senate Minority Leader Bruce Tarr opened discussion of the bill by pointing out that it hadn’t been heard by a committee or given a public hearing. He suggested the bill might best be seen by the Joint Committee on Public Safety and Homeland Security but was overridden by 31 of his 39 colleagues.
Tarr went on to question whether lawmakers had fully contemplated the impacts changing the law will have on the constitutional rights of Bay State gun owners, all of whom, he noted, are protected by the Bill of Rights.
“It is important that while we seek to advance the goal of public safety that we also respect the provisions of the Second Amendment and the rights and protections that it affords,” the Republican said.
In response to requests from leaders in the law enforcement community, the senate’s gun reforms would tackle modern age firearms technologies like ghost guns and so-called Glock switches — or auto sears.
It would expand on the state’s red flags laws to allow medical providers to request an “extreme risk protection order” when they are concerned about a patient’s access to firearms. As the law currently stands, only police and family can request such an order and only if the distressed person is a lawful gun owner.
The bill would allow judges to use “harassment prevention orders” to strip weapons from those placed under a anti-harassment order, an option available now only against those subject to an “abuse prevention order.”
Gun dealers would see more frequent inspection under the law. Lawmakers said a provision under state law requiring yearly inspections of licensed gun shops is frequently ignored by local law enforcement, who may not have the staffing required to keep up with mandated inspections. If local law enforcement is unable to inspect a gun dealer, the State Police could soon fill in the gaps.
The bill would make it a crime to shoot a firearm at a dwelling or other occupied building. State law currently does not include a specific charge for shooting at a house or business unless an injury occurs.
The bill greatly expands upon the state’s long list of banned “assault weapons” by defining such a weapon by its features instead of its brand. Weapons with more than two modern features — like a collapsible stock and a forward hand grip, or silencer threading and a heat shielded barrel — would be “assault weapons” according to the Senate bill.
Notably absent from the Senate’s version of the bill is a “grandfather clause” demanded by advocates, who say the state’s attempt to update its long list of banned weapons to include any weapon with a certain set of features could turn currently law abiding gun owners into felons overnight.
This comes just months after the state House passed its own version of the bill, which tackles many of the same issues but takes nearly four times as many pages of legislation to do it, setting up a showdown between the two branches.
Senate President Karen Spilka said Wednesday she expects the bill to leave joint committee this session and see Gov. Maura Healey’s signature soon after.
