Emergency Preamble to be signed Weds?

It resets the dates for anything that takes place immediately (anything that was 10/23) and anything that takes place a fixed time after the effective date. 8/1/24 stays the same.
Are you sure any of the codified delayed clauses are effective immediately? That would mean every gun needs to be registered in the nonexistent system or it’s a felony? That’s not even possible. Same with the serial number requirements.

This creates a huge mess for the state. The 10/23 stuff only going effective today doesn’t.
 
Are you sure any of the codified delayed clauses are effective immediately? That would mean every gun needs to be registered in the nonexistent system or it’s a felony? That’s not even possible.

The implementation of that system is codified in the law as well, and the entire thing is predicated on that system existing and then like a long-ish phase in time period. That isn't even worth worrying about at this point. (for those that actually care, )
 
This makes zero sense. They training requirements were *always* supposed to take place 18 months after the effective date. The only reason it wasn't initially is because they screwed up and failed to proofread for typos. They put "75" when it should have been "74" in SECTION 159. An emergency preamble doesn't make any difference to this (other than changing the training requirements from 3/23/26 to 3/2/26)

Doesn't matter what they intended the language to be, it matters what the language actually is (was). Ch. 135 Sect. 59 as passed failed to include the 18-month pad for training requirements, so upon an emergency preamble, those training requirements would have gone into effect with the rest of the law: immediately upon signing the preamble. Getting that amendment into the budget bill means that the training requirements now WON'T go into effect when the preamble is signed. Therefore, she would wait to sign the preamble until after the budget bill took care of that little inconvenience.

Makes sense to me. Am I misunderstanding you?
 
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The implementation of that system is codified in the law as well, and the entire thing is predicated on that system existing and then like a long-ish phase in time period. That isn't even worth worrying about at this point. (for those that actually care, )
Understood, from a practical enforcement standpoint, but from a legal risk to the state standpoint it seems to open them up to even more lawsuits by doing this.
 
Are you sure any of the codified delayed clauses are effective immediately? That would mean every gun needs to be registered in the nonexistent system or it’s a felony? That’s not even possible. Same with the serial number requirements.

Yes. Generally, everything takes effect 90 days after signing. If there's an emergency preamble, everything takes place when the preamble is signed.

Anything that has a specific date stays exactly the same, because the preamble does not change the bill.

Anything that has a specific delay from the effective date still has that same delay. The difference is that the effective date changes.

This creates a huge mess for the state. The 10/23 stuff only going effective today doesn’t.

No, it makes basically no difference for the state. There's no way they'd get all that crap ready for 10/23 anyway, 21 days more time isn't going to make any difference at all.
 
ok, and btw, this is a serious question, in other words: what if i pay for the live show, but then I preamble too soon? Money back yes or no?

By my understanding she'll grandfather you in that situation, which basically means no sex stuff but she'll sit there and listen to your stories about how much better things used to be.
 
Understood, from a practical enforcement standpoint, but from a legal risk to the state standpoint it seems to open them up to even more lawsuits by doing this.

Not really, because the portal doesn't exist yet and theres a phase in period specified for it, all of which is "not right now". It's not like the portal will be ready before 10/23 anyways, or even this year. Since the act of registration doesn't take property theres no takings issue either. If anything due to lack of precedent that might be the most difficult part of the law to actuall y
strike down, unless in the intervening time someone takes up a federal case swhich assaults registration as being verboten. (which at leasst as far as the feds are concerned, its supposed to be... but this hasnt borne out any fruit on the ground other than ATF "lets dodge the glue stick" games that they play.
 
Good afternoon Governor Healy.

I am writing to strongly urge you to NOT sign an Emergency Preamble for Chapter 135.

As a resident of Massachusetts I demand that you allow the referendum process to continue in accordance with the Commonwealth’s laws. You must allow the people to bring it to a statewide vote in 2026 which is a perfect example of democracy at work. To do otherwise, makes YOU a threat to democracy.

Respectfully,

BigAce74
The preamble doesn't stop the 2026 vote. So she is not stopping us.

She is not breaking any laws by signing the preamble.

So, your Email could have been the first sentence only; "I am writing to strongly urge you to NOT sign an Emergency Preamble for Chapter 135."
 
Doesn't matter what they intended the language to be, it matters what the language actually is (was). Ch. 135 Sect. 59 as passed failed to include the 18-month pad for training requirements, so upon an emergency preamble, those training requirements would have gone into effect with the rest of the law: immediately upon signing the preamble. Getting that amendment into the budget bill means that the training requirements now WON'T go into effect when the preamble is signed. Therefore, she would wait to sign the preamble until after the budget bill.

Makes sense to me. Am I misunderstanding you?

You're misunderstanding the way legislation works.

H.4885 was passed and signed on july 23ish and became C.135, and would have become law 90 days later (10/23)

Chapter 206 corrected some typos in C.135

An emergency preamble to H.4885 changes the effective date of H.4885 from "90 days from signing" to "right away"

All of H.4885/C.135 either takes place in 90 days from signing or right away depending on the existence of the emergency preamble. The preamble does not change the language of the bill (other than the effective date)

The legislature can (and would have) corrected the typos in H.4885/C. 135 before or after any emergency preamble was signed. The timing of the corrections and preamble doesn't matter.
 
Yes. Generally, everything takes effect 90 days after signing. If there's an emergency preamble, everything takes place when the preamble is signed.

Anything that has a specific date stays exactly the same, because the preamble does not change the bill.

Anything that has a specific delay from the effective date still has that same delay. The difference is that the effective date changes.



No, it makes basically no difference for the state. There's no way they'd get all that crap ready for 10/23 anyway, 21 days more time isn't going to make any difference at all.
Okay thanks I understand now. I misread to think that meant it all becomes effective immediately. The delay make sense, just the starting point to delay from is moved up a few weeks.
 
Not really, because the portal doesn't exist yet and theres a phase in period specified for it, all of which is "not right now". It's not like the portal will be ready before 10/23 anyways, or even this year. Since the act of registration doesn't take property theres no takings issue either. If anything due to lack of precedent that might be the most difficult part of the law to actuall y
strike down, unless in the intervening time someone takes up a federal case swhich assaults registration as being verboten. (which at leasst as far as the feds are concerned, its supposed to be... but this hasnt borne out any fruit on the ground other than ATF "lets dodge the glue stick" games that they play.
Thanks - I misunderstood milktree so disregard my dumbass post.
 
Maybe. just maybe, signing the EO now, and putting the law in effect immediately, makes it so that lawsuits and injunctions can be brought NOW, as there will be aggrieved plaintiffs immediately upon signing.

TMK, you can't bring a lawsuit on a law that hasn't been implemented yet, but IANAL.
 
The legislature can (and would have) corrected the typos in H.4885/C. 135 before or after any emergency preamble was signed. The timing of the corrections and preamble doesn't matter.
They can (evidently) do whatever they want to. That said, are you arguing that, absent the budget bill, Ch. 135 Ch. 74 would NOT have gone into effect on an emergency preamble?

I'm not talking about when they get around to amending the chapter language, or selective enforcement , or any of that after-the-fact nonsense. If Section 59 was not included in the budget bill, and she signed a preamble tomorrow, are you saying that the training requirements would not be enforceable (on paper, at least) on Thursday morning?
 
Looks like the EOPSS Ch. 135 Advisory was just released apparently without most of the info we'd all be curious to see. Looking for a link now. It's not on the website yet but Guida just posted a pic of it...
 
The preamble doesn't stop the 2026 vote. So she is not stopping us.

She is not breaking any laws by signing the preamble.

So, your Email could have been the first sentence only; "I am writing to strongly urge you to NOT sign an Emergency Preamble for Chapter 135."
Thanks for some clarification. I borrowed some language from the email I got from Goal. Screenshot 2024-10-01 3.25.57 PM.png
 
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