Joe Raposa
Contributing Writer
Legislatures in the state of Massachusetts have proposed more than 30 pieces of legislation relating to firearms and ammunition sales since January. While many of these proposed bills seek to amend current state firearms laws first passed in 1998, some of these bills address other issues like illegal guns, mental health background checks and new sales taxes on the purchase of firearms and ammunition.
Two bills in particular seek not only to amend the 1998 firearms laws, but also to address other issues like mental health background checks. The first bill was proposed by Governor Deval Patrick, who has been quoted in previous media reports saying that his proposed bill echoes his commitment to gun safety.
Patrick’s bill, titled “An Act to Strengthen and Enhance Firearms Laws in the Commonwealth,” would limit gun buyers to one firearm purchase per month. It would also prevent any person under age 21 from owning or carrying a machine gun. Should the bill pass, it would force gun owners to dispose of any large capacity feeding device that holds more than 10 rounds of ammunition within one year of the bill’s effec-tive date.
Patrick’s bill would bring the state into compliance with the National Instant Criminal Background Check System (NICS). The bill would require that the courts transmit all required mental health adjudications to the state’s criminal justice system and the U.S. Attorney General for the purpose of firearms licensing. This means any individual who has been ordered by a court to seek mental health treatment would have their information sent to the federal database for the purposes of background checks when purchasing firearms. The bill would also allow a chance for those with mental health disabilities to become re-eligible for purchasing a firearm by proving to a court that they are no longer acting in a manner that is dangerous to the general public.
Lastly, the bill would better track firearm sales by requiring dealers at gun shows to access the Massachusetts Instant Record Check System (MIRCS). It would also require the private sale of firearms to occur at the business of a licensed firearm dealer so the sale can be tracked electronically. Despite several e-mail attempts, Governor Patrick was unable to comment on the status of his bill.
The second bill was proposed by State Rep. David Paul Linsky of Natick. His bill, “An Act to Reduce Gun Violence and to Protect the Citizens of the Commonwealth.” It is currently before the state’s Joint Committee on Public Safety and Homeland Security. Rep. Linsky said he thought it was his obligation to propose his bill.
“I feel that this country has a significant problem. We have 32,000 people a year who are killed by one form of gun violence or another,” Rep. Linsky said.
Linsky’s bill would keep many aspects of the 1998 firearms bill intact, while adding new regulations regarding mental health records and firearm purchases. Should Rep. Linsky’s bill pass, it would give the “licensing authority” (typically the State Police Colonel) the ability to request an applicant’s mental health records in regards to their current status. These records may consist of information that dates back 20 years prior to an individual’s application being submitted. Linsky said that one of his bill’s provisions would allow the state to send its criminal and mental health data to the Federal Database. “Massachusetts is only one of seven states that doesn’t send its data to the federal database,” he said. Within six months of the bill being passed, the Department of Mental Health must submit data on all persons involuntarily committed to an institution to the federal database. After this, the Department of Mental Health will be required to submit quarterly reports to the federal database. Linsky’s bill would also impose a 25 percent sales tax on all sales of firearms and ammunition in Massachusetts. Linsky said he is hopeful for his bill’s passage, but also understands the obstacles it must face.
“It has well organized opposition from the NRA and other gun owners groups. I expect there will be a vigorous debate on this bill,” he said. Linsky’s bill, along with the various pieces of legislation in regard to firearms, is currently awaiting a hearing from the state Joint Committee on Public Safety and Homeland Security. According to the committee’s website, a hearing is not set for Representative Linsky’s bill. In a phone interview with Representative Linsky, he expressed hope that a hearing would take place sometime in the spring.
Joe Raposa can be contacted at jraposa@ksc.keene.edu