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The bump stock legislation establishes the precedent that the state of MA may declare lawfully procured and owned property contraband, and require disownership with no compensation from the state.
Expanding it to other items becomes a simple implementation detail. "We can't confiscate private property without compensation" is no longer a barrier.
I will discuss it with the Comm2a team.Is there any hope that it will challenged on those ground?
I will discuss it with the Comm2a team.
My personal (not Comm2a) thought is that any challenge would be doomed unless it was suing for compensation, rather than overturning the ban. We would need some people to turn in their bump stocks to the state to establish standing (sell it out of state, give it to a friend in TX, etc. and you lose any hope of standing). The turn in would have to be managed by legal counsel so the plaintiffs made it clear it was only because they were ordered to disposess the item, and not a voluntary surrender. You could count on the state to argue "the turn in was voluntary, just like at gun buybacks".
My guess is that it would be hard to find such a plaintiff. I do get out some, and have never seen one of these toys.
It may very well be that the judicial bias on this issue is likely to be so strong that all filing a case would accomplish is establish a "no compensation needed when we take your stuff" precedent that could be used in other, more sympathetic, cases. Do not expect Comm2A to make an announcement to the world detailing our conclusions and strategies on cases we do not file.
I will discuss it with the Comm2a team.
My personal (not Comm2a) thought is that any challenge would be doomed unless it was suing for compensation, rather than overturning the ban. We would need some people to turn in their bump stocks to the state to establish standing (sell it out of state, give it to a friend in TX, etc. and you lose any hope of standing). The turn in would have to be managed by legal counsel so the plaintiffs made it clear it was only because they were ordered to disposess the item, and not a voluntary surrender. You could count on the state to argue "the turn in was voluntary, just like at gun buybacks".
My guess is that it would be hard to find such a plaintiff. I do get out some, and have never seen one of these toys.
It may very well be that the judicial bias on this issue is likely to be so strong that all filing a case would accomplish is establish a "no compensation needed when we take your stuff" precedent that could be used in other, more sympathetic, cases. Do not expect Comm2A to make an announcement to the world detailing our conclusions and strategies on cases we do not file.
I suspect most were ordered on-line.But the state was happy to collect sales tax on stocks sold through MA stores, right? I trust they plan to refund the sales tax since they are now declaring them unlawful?
I will discuss it with the Comm2a team.
My personal (not Comm2a) thought is that any challenge would be doomed unless it was suing for compensation, rather than overturning the ban. We would need some people to turn in their bump stocks to the state to establish standing (sell it out of state, give it to a friend in TX, etc. and you lose any hope of standing). The turn in would have to be managed by legal counsel so the plaintiffs made it clear it was only because they were ordered to disposess the item, and not a voluntary surrender. You could count on the state to argue "the turn in was voluntary, just like at gun buybacks".
My guess is that it would be hard to find such a plaintiff. I do get out some, and have never seen one of these toys.
It may very well be that the judicial bias on this issue is likely to be so strong that all filing a case would accomplish is establish a "no compensation needed when we take your stuff" precedent that could be used in other, more sympathetic, cases. Do not expect Comm2A to make an announcement to the world detailing our conclusions and strategies on cases we do not file.
Current wording from the House per my Rep:
Amendment #1, as changed to H3951“SECTION XX: Chapter 140 of General Laws is hereby amended by inserting after section 131Q, as appearing in the 2016 Official Edition, the following section:-Automatic Weapons
Section 131R. Whoever possesses, owns or offers for sale any device which attaches to a rifle, shotgun or firearm, except a magazine, that is designed to increase the rate of discharge of the rifle, shotgun or firearm or whoever modifies any rifle, shotgun or firearm with the intent to increase its rate of discharge, shall be punished by imprisonment in the state prison by not less than 3 nor more than 20 years.
SECTION YY. Section XX shall take effect 180 days after the effective date of this act.”
SECTION ZZ. The Secretary of Public Safety shall promulgate regulations by January 1, 2018 concerning the allowability of maintenance and enhancement of rifles, shotguns and firearms consistent with the intent of this section.
I suspect most were ordered on-line.
Current wording from the House per my Rep:
Amendment #1, as changed to H3951“SECTION XX: Chapter 140 of General Laws is hereby amended by inserting after section 131Q, as appearing in the 2016 Official Edition, the following section:-Automatic Weapons
Section 131R. Whoever possesses, owns or offers for sale any device which attaches to a rifle, shotgun or firearm, except a magazine, that is designed to increase the rate of discharge of the rifle, shotgun or firearm or whoever modifies any rifle, shotgun or firearm with the intent to increase its rate of discharge, shall be punished by imprisonment in the state prison by not less than 3 nor more than 20 years.
SECTION YY. Section XX shall take effect 180 days after the effective date of this act.”
SECTION ZZ. The Secretary of Public Safety shall promulgate regulations by January 1, 2018 concerning the allowability of maintenance and enhancement of rifles, shotguns and firearms consistent with the intent of this section.
The is the first step in banning all semi-automatic firearms. This has nothing to do with bump stocks in the long run. The Secretary of Public Safety could easier use this to ban every semi I own.
Current wording from the House per my Rep:
Amendment #1, as changed to H3951“SECTION XX: Chapter 140 of General Laws is hereby amended by inserting after section 131Q, as appearing in the 2016 Official Edition, the following section:-Automatic Weapons
Section 131R. Whoever possesses, owns or offers for sale any device which attaches to a rifle, shotgun or firearm, except a magazine, that is designed to increase the rate of discharge of the rifle, shotgun or firearm or whoever modifies any rifle, shotgun or firearm with the intent to increase its rate of discharge, shall be punished by imprisonment in the state prison by not less than 3 nor more than 20 years.
SECTION YY. Section XX shall take effect 180 days after the effective date of this act.”
SECTION ZZ. The Secretary of Public Safety shall promulgate regulations by January 1, 2018 concerning the allowability of maintenance and enhancement of rifles, shotguns and firearms consistent with the intent of this section.
I suspect most were ordered on-line.
I'm pretty positive the Fram chief will not give you an MG license even if you get a C&R. The last person I know who tried received a letter stating he was declined because of the exceptional danger such weapons presented - with no mention about not qualifying as a "connector".what about manufactured bumpstocks for personal use? Will those be compensated?
I'm pretty positive that Fram chief is not giving me an MG license until I get C&R again.
The bump stock legislation establishes the precedent that the state of MA may declare lawfully procured and owned property contraband, and require disownership with no compensation from the state.
Expanding it to other items becomes a simple implementation detail. "We can't confiscate private property without compensation" is no longer a barrier.
what about manufactured bumpstocks for personal use? Will those be compensated?
I'm pretty positive that Fram chief is not giving me an MG license until I get C&R again.
It is possible the denials were issued based on the paperwork application, and never made it into MIRCS, thus are not showing up.ere are no MG denials either but I'd bet if there were any applocation they were turned away when trying to apply.
what about manufactured bumpstocks for personal use? Will those be compensated?
I'm pretty positive that Fram chief is not giving me an MG license until I get C&R again.
You may be right but I wonder if even MA politicians are so stupid that they would really push for that. If they ban semi autos and think people are going to turn in their firearms I think they would be shocked at the disobedience that would probably follow.
I'm not so sure. After the AG BS a lot of people seemed to express opinions to the tune of: "I've jumped through so many hoops to stay legal and for what? To discover I was always a felon?!" My experience is that a lot of people are indicating they're just not going to play by the "rules" anymore.
It is possible the denials were issued based on the paperwork application, and never made it into MIRCS, thus are not showing up.
This. I think that the Healy thing changed the game. Her utter lawlessness changed the minds of many that previously would have obeyed the laws. But if the laws can literally be changed overnight on the whim of one person...
I'm not so sure. After the AG BS a lot of people seemed to express opinions to the tune of: "I've jumped through so many hoops to stay legal and for what? To discover I was always a felon?!" My experience is that a lot of people are indicating they're just not going to play by the "rules" anymore.
I think you are underestimating the power of the threat of losing your physical freedom. Unless you have endless piles of cash to keep you out of jail, there is only so far you will be able to push it until they lock you up.