Emergency Preamble to be signed Weds?

[Rob Boudrie]

She does something like this every time it looks like a D might take the presidency to polish her resume for a federal appointment.

 

[Glockster30]

She does something like thie every time it looks like a D might take the presidency to polish her resume for a federal appointment.

Exactly! She had dreams of being attorney general and was pissed when the Hag lost to Trump in 2016.

 

[pastera]

I am a bit behind on the posts. Has anyone filed a motion for a temporary emergency injunction to halt the tyrant's EO?

Anyone can file a motion but it would be a was of time and resources.

if the governor, at any time before the election at which it is to be submitted to the people on referendum, files with the secretary of the commonwealth a statement declaring that in his opinion the immediate preservation of the public peace, health, safety or convenience requires that such law should take effect forthwith and that it is an emergency law and setting forth the facts constituting the emergency, then such law, if not previously suspended as hereinafter provided, shall take effect without suspension, or if such law has been so suspended such suspension shall thereupon terminate

Healy has the absolute power to declare an emergency enactment simply for "convenience" - you cannot overcome that in court

 

[Taipan01]

So, in laymans terms, let me see if I've caught up on some stuff.

LGS's can still sell any rifle or shotgun so long as it's termed "non-banned" or some such, I'm guessing things like street sweepers, due to lack of funding and readiness.

I'm a bit lost though on AR's or just lowers for a later build. Are they still spiked to the by 8/1 date?

Ar's in the state can now be de-neutered and lowers can be made into pistols if bought under "other"?

FID holders are boned by way of possession of any semi. (Some people should have read Martin Niemöller's First they came... before voting. I'm looking at everyone that has negative words on someone's choices, i.e. Fudd mentality, whether it's Tactical Joe or Uncle Elmo).

There's no additional courses required due to lack of funding and readiness.

We are still signing the petition just to get as many signatures as we can before the deadline for a show of support though it was deaded by the preamble signature.

Anything added or corrected will be appreciated.

 

[El_Guapo77]

Unanswered questions:

- Will the new registration system be initially populated with data from MIRCS [e]FA-10 database?
- If so, will users have a chance to de-register guns they no longer have?
- Will the local PD get alerts of registrations, and will people with a plethora of AWs be investigated for that lawful activity?

Speaking of mircs it could be me but it looks like they have a new portal at first glance it looks like it's easier to get your pin and interestingly submit firearms license applications that would be interesting if they decided to skip the local leos or give an option to use credit or debit instead of money orders

Login | MIRCS Firearms Licensing Portal

mircsportal.chs.state.ma.us

 

[GL2020]

I wouldn't doubt that a "Gun Tax" has already been discussed. Doubt though it'll be $1k per gun. They'll set some kind of "reasonable" value per thousand dollars of value. The same as they do with Excise Tax. They'll get slapped hard if they make it too expensive for low income families to own a gun. This will seriously hurt collectors and hoarders, who they want to come after all along.

That would end up in court in a heart beat. A car or boat is not constitutionally protected. Be right there in the same camp as a poll tax.

 

[zevana]

That would end up in court in a heart beat. A car or boat is not constitutionally protected. Be right there in the same camp as a poll tax.

CA passed an excise tax of 11% on guns, parts, and ammo. It got immediately challenge but it's going to take a while to play out in court.

 

[Chappy7]

Anyone can file a motion but it would be a was of time and resources.


Healy has the absolute power to declare an emergency enactment simply for "convenience" - you cannot overcome that in court

It's possible, but obviously an uphill battle

 

[pastera]

It's possible, but obviously an uphill battle

No, it's not
She has the constitutional authority to declare an emergency enactment simple for convenience - How do you fight that?
Even if you did, the case would be moot before or very shortly after it got to a decision (this would take 2-3 years to make it to the SJC)

The path is and always has been to attack the law under Bruen federally and, now, Canjura in Mass courts.

 

[Chappy7]

No, it's not
She has the constitutional authority to declare an emergency enactment simple for convenience - How do you fight that?
Even if you did, the case would be moot before or very shortly after it got to a decision (this would take 2-3 years to make it to the SJC)

The path is and always has been to attack the law under Bruen federally and, now, Canjura in Mass courts.

Anything can be challenged. It would depend on circumstances and evidence. Could it be overcome? Yes. Realistically? No. Find the right legal team, evidence and $$$$$.

 

[pastera]

So, in laymans terms, let me see if I've caught up on some stuff.

LGS's can still sell any rifle or shotgun so long as it's termed "non-banned" or some such, I'm guessing things like street sweepers, due to lack of funding and readiness.

While the EOPSS doesn't have the authority to simply declare long guns to be compliant with Chapt 140 Section 123 (o), they have setup an estoppel defense for dealers that sell long guns.

I'm a bit lost though on AR's or just lowers for a later build. Are they still spiked to the by 8/1 date?

Yes, any ASF must have been possessed in state on 8/1 (or by a very narrow exception if it was in the transaction database on 7/20/16)

Ar's in the state can now be de-neutered and lowers can be made into pistols if bought under "other"?

Yes, any "assault weapon" under the prior law that is now exempt under the current law therefore it is the same are a pre93

FID holders are boned by way of possession of any semi. (Some people should have read Martin Niemöller's First they came... before voting. I'm looking at everyone that has negative words on someone's choices, i.e. Fudd mentality, whether it's Tactical Joe or Uncle Elmo).

They aren't boned, they are illegally possessing firearms and subject to a felony conviction.

There's no additional courses required due to lack of funding and readiness.

Correct - per the letter of the law no retraining will be required until the new training is actually implemented (some cities will put extra-legal requirements though)

We are still signing the petition just to get as many signatures as we can before the deadline for a show of support though it was deaded by the preamble signature.

Anything added or corrected will be appreciated.

 

[pastera]

Anything can be challenged. It would depend on circumstances and evidence. Could it be overcome? Yes. Realistically? No. Find the right legal team, evidence and $$$$$.

It would be tossed the moment the state filed for summary judgement - so yes, you can file but it would be a useless effort that only wastes money and time.

 

[Mark from ?]

She says she signed the emergency preamble because some provisions were so important, they couldn't wait. Maybe I'm too dumb to understand but if they're so important, why did she wait this long?

Umm...she didn't want to sign an emergency preamble. It looks bad. Obviously as well, they weren't ready to deal with the blantant unconstitutionality of it as far as lists go making ALL guns not being able to be sold.

Even in MA optics of not listening to the public on a petition can be used against here in whatever media outlets aren't corrupt.

However.........Once she found out you guys had the signatures and she was about to lose to the petition....that was the emergency. So at that point her hand was forced into signing it. Good on you guys.

For those naysayers about the petition...it showed 2 things clearly......how fxcked up this law is, so much that they had to stop enforcement of most of it, and
how fxcking inept they are. Add that nullifying petitions and the process for obvious reason of she just didn't want to lose........just plain looks bad.

And honestly...its such a clusterf*** right now...you guys might as well free state because they can't do shit about it. You just bought yourself a 2 year reprieve from registrations in MA.

 

[Chappy7]

It would be tossed the moment the state filed for summary judgement - so yes, you can file but it would be a useless effort that only wastes money and time.

Ya gotta think outside the box re: anything today. There is plenty of legal maneuvering that can be done. I understand the 1st circus is stacked, but the lower courts seen to be keeping SCOTUS rulings in their thought process.

 

[HorizontalHunter]

Umm...she didn't want to sign an emergency preamble. It looks bad. Obviously as well, they weren't ready to deal with the blantant unconstitutionality of it.

Even in MA optics of not listening to the public on a petition can be used against here in whatever media outlets aren't corrupt.

However.........Once she found out you guys had the signatures and she was about to lose to the petition....that was the emergency. So at that point her hand was forced into signing it.

For those naysayers about the petition...it showed 2 things clearly......how fxcked up this law is, so much that they had to stop enforcement of most of it, and
how fxcking inept they are. Add that nullifying petitions and the process for obvious reason of she just didn't want to lose........just plain looks bad.

And honestly...its such a clusterf*** right now...you guys might as well free state because they can't do shit about it.

This……Exactly this

 

[zork51]

While the EOPSS doesn't have the authority to simply declare long guns to be compliant with Chapt 140 Section 123 (o), they have setup an estoppel defense for dealers that sell long guns.

Yes, any ASF must have been possessed in state on 8/1 (or by a very narrow exception if it was in the transaction database on 7/20/16)

Yes, any "assault weapon" under the prior law that is now exempt under the current law therefore it is the same are a pre93

They aren't boned, they are illegally possessing firearms and subject to a felony conviction.

Correct - per the letter of the law no retraining will be required until the new training is actually implemented (some cities will put extra-legal requirements though)

Again, why hasn't GOAL or someone............ said the quiet part out loud on TV in rebuttal to when the Guvna extolls her virtues on the masses? That the state suddenly classified all commonly used semi autos incorrectly as assault weapons? An assault weapon bursts multiple rounds per trigger vs. semi auto. Couldn't someone, anyone, make that clear to the viewing audience? It is the only time the other side of the story can be told to the entire viewing general public when rebutting to an issue. The general uneducated public thinks it's something totally different than what it is, because the media has conditioned them.............. The general public does not read Pro 2A hobbyist forums.

 

[pastera]

Ya gotta think outside the box re: anything today. There is plenty of legal maneuvering that can be done. I understand the 1st circus is stacked, but the lower courts seen to be keeping SCOTUS rulings in their thought process.

I'm thinking outside the box - look at my history of posting on this subject.
Going against the signing of the emergency preamble is a lost cause.
Using Canjura to go for an emergency injunction is a valid use of limited resources.
Filing in the same district that gave rise to Commonwealth v Donnell

Just because it can be done doesn't mean it is smart or effective.

 

[Night_solstice]

Again, why hasn't GOAL or someone............ said the quiet part out loud on TV in rebuttal to when the Guvna extolls her virtues on the masses? That the state suddenly classified all commonly used semi autos incorrectly as assault weapons? An assault weapon bursts multiple rounds per trigger vs. semi auto. Couldn't someone, anyone, make that clear to the viewing audience? It is the only time the other side of the story can be told to the entire viewing general public when rebutting to an issue. The general uneducated public thinks it's something totally different than what it is, because the media has conditioned them.............. The general public does not read Pro 2A hobbyist forums.

Because they will choose not to play it. "We spoke with a representative/spokesperson for the group...." and then edit it down so that it says the positive things, or frame it so that it looks like we're against people being trained, safe handling, etc. I'm not saying they shouldn't say it out loud, just that they may already be doing so, and it's being cut out.

 

[pastera]

Again, why hasn't GOAL or someone............ said the quiet part out loud on TV in rebuttal to when the Guvna extolls her virtues on the masses?

Have you seen what the media does to any pro-2a advocate's statements in editing?
There is a reason why Jim from GOAL speaks with the tightly controlled words that he uses

That the state suddenly classified all commonly used semi autos incorrectly as assault weapons?

No, they classified certain commonly possessed firearms with certain cosmetic features as "assault-style" firearms
What they also did was reclassify all long guns in such a way that they then were covered by a consumer protection schema without allowing the time necessary for the industry to get long guns into the approval process

An assault weapon bursts multiple rounds per trigger vs. semi auto. Couldn't someone, anyone, make that clear to the viewing audience?

An assault weapon is a political term with no actual definition.
I think you are mixing the term up with the actual term assault rifle (which is an intermediate cartridge with select fire capability)

It is the only time the other side of the story can be told to the entire viewing general public when rebutting to an issue. The general uneducated public thinks it's something totally different than what it is, because the media has conditioned them.............. The general public does not read Pro 2A hobbyist forums.

Agree - and the media does not allow any calm, sane pro-2a to address the issues, questions or concerns of the general public.
The media is there to make money and further their own agenda, not to create an educated, informed public.

 

[Goliathan]

Again, why hasn't GOAL or someone............ said the quiet part out loud on TV in rebuttal to when the Guvna extolls her virtues on the masses? That the state suddenly classified all commonly used semi autos incorrectly as assault weapons? An assault weapon bursts multiple rounds per trigger vs. semi auto. Couldn't someone, anyone, make that clear to the viewing audience? It is the only time the other side of the story can be told to the entire viewing general public when rebutting to an issue. The general uneducated public thinks it's something totally different than what it is, because the media has conditioned them.............. The general public does not read Pro 2A hobbyist forums.

GOAL has been yelling it from the rooftops for a year and a half now.

There's a fundamental problem with mainstream media: they control their platform, and they don't have to give it to GOAL or anyone else if they don't want to. It used to be less of a problem back when the media believed that even voices they disagree with should be heard, but that ideal of journalistic integrity has been dead for a while now and the media has become an echo chamber. Sure, they'll pick and choose what the opposition says to add flavor to their stories and the appearance of neutrality, but appearance is all it is.

Social media carries the echo chamber to the absurd extreme. GOAL can say what they want, all day long, on their own "platform" but it's only going to reach people who already follow them; in other words they can only preach to the choir. Everyone else is in their own echo chambers, believing that the bill is about ghost guns and live fire and nothing else. They don't follow groups they don't like, and so only hear from people who will reinforce what they want to hear.

Spreading the word to new people and the opposite side is always the big challenge.

 

[Chappy7]

Just because it can be done doesn't mean it is smart or effective

Sadly those that are working to strip us of our rights don't think that way. They continue to throw $hi!t against the wall until it sticks.

 

[pastera]

Sadly those that are working to strip us of our rights don't think that way. They continue to throw $hi!t against the wall until it sticks.

Because they are using our own money against us - they don't need to be efficient since every dollar they spend cost us twice (once in taxes and then to defend)

 

[Chappy7]

Because they are using our own money against us - they don't need to be efficient since every dollar they spend cost us twice (once in taxes and then to defend)

So..... your point would be??? Get more sugar daddies & mommas on this side??

Its really very simple. Work smarter not harder.

 

[paul73]

ok, sorry for my ignorance.
i've heard some people did something, meh, augmented some lists - so are transfers of bolt rifle actions, or barreled actions - still verboten, or they opened it up?

or is it now open for an interpretation of an every local ffl, of what they xfer or don`t?

 

[HorizontalHunter]

Again, why hasn't GOAL or someone............ said the quiet part out loud on TV in rebuttal to when the Guvna extolls her virtues on the masses? That the state suddenly classified all commonly used semi autos incorrectly as assault weapons? An assault weapon bursts multiple rounds per trigger vs. semi auto. Couldn't someone, anyone, make that clear to the viewing audience? It is the only time the other side of the story can be told to the entire viewing general public when rebutting to an issue. The general uneducated public thinks it's something totally different than what it is, because the media has conditioned them.............. The general public does not read Pro 2A hobbyist forums.

Because they won’t air it.

I tried MULTIPLE times to get two news stations to cover the FID semiautomatic issue but they never would air it.

 

[Night_solstice]

or is it now open for an interpretation of an every local ffl, of what they xfer or don`t?

Almost as if they designed it on purpose: If people are unsure what is the safe path, they usually don't move or take the first step, thus doing nothing. Frame transfers are not allowed any longer (as they are firearms), but the Glock is on 'a list', so does that mean it's allowed to be sold? The Bill says all firearms (which a long gun is a part of the definition) must be on 'a list', and another body issues a 'statement' that this doesn't apply to long guns (since no list contains them), but they don't have the authority to override that bill, does this mean they are allowed to be sold? If they don't answer, it's up to the seller/FFL to make that call, and some will, some won't based on how they choose to interpret things, and neither can be 100% at this point which is correct.

 

[Drix]

Sooo

Did I read correctly that the governors new emergency bill killed EOPS requirements, but also puts a delay on registration, meaning that personal transfers no longer are recorded?

 

[bigred460]

Sooo

Did I read correctly that the governors new emergency bill killed EOPS requirements, but also puts a delay on registration, meaning that personal transfers no longer are recorded?

Healey Suspends Enforcement of Long Gun Roster

While I'm glad they see the issue, it's fascinating that EOPS thinks they can issue a memo and circumvent the new law's specific terms. Echoes of 2016 from the executive branch. When the lawr was written for the current day LTC, it specified that the new license format be of the same...

www.northeastshooters.com

The portal has no legal purpose now.

 

[Coyote33]

Because they won’t air it.
I tried MULTIPLE times to get two news stations to cover the FID semiautomatic issue but they never would air it.

Have you tried radio?
WTAG would certainly talk about this, and they have a pretty big listening audience.

 

[Marty McFly]

I swear I just read somewhere here that they have reopened the portal with some changes. No idea, and I'm not going to go looking now.

I think that was the mircs site and not the portal