MA Gun Grab 2024: H.4885 - Passed legislature, headed to the governor

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Rob Boudrie said:
The term "registered" is used repeatedly in the draft, and even states all guns must be registered - but is silent on currently possessed guns that legally escaped registration.
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No, it states that anything not currently registered must be registered - timeline is up to 2 years but everything needs to be registered

2444 SECTION 157. The department of criminal justice information services shall establish
2445 the electronic firearms registration system established pursuant to section 121B of chapter 140 of
2446 the General Laws, as inserted by section 32, not later than 1 year after the effective date of this
2447 act; provided, that all firearms shall be registered in accordance with this act and not later than 1
2448 year after said electronic firearms registration system is completed and publicly available.
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Hardwired said:
I think it goes for the 2016 non-law opinion also.

ex post facto​

The Latin translation of ex post facto is “from a thing done afterward.”
In a legal context, ex post facto is most typically used to refer to a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the United States Constitution prohibit ex post facto laws:
  • Article 1, § 9
    • This prohibits Congress from passing any laws which apply ex post facto.
  • Article 1 § 10.
    • This prohibits the states from passing any laws which apply ex post facto.
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And you get to rot in prison while your appeal gets tossed around for 5 plus years - you'll be exonerated but you won't actually win.
 
MAJoe said:
That would be interesting. They may be trying to say that but it’s going to be an interesting case if someone is charged with having something that was registered post-2016 that follows the AG guidance (like a rimfire AR).
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143 “Assault-style firearm”, any firearm which is:
144 (a) a semiautomatic, centerfire rifle with the capacity to accept a detachable feeding
145 device
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Read the text people - rimfire is not "assault style"
 
pastera said:
Stop being obtuse - the moron legislature doesn't care about the difference between a gun registry or the transaction registry.

If its on an FA-10, paper or electronic, it is registered.

Too many people shitting up the thread with stupid shit of how does this effect me - STFU, hunker down and open up the wallet for the fight.

I'm tired from lack of sleep and tired of pants-shitters looking for their own personal exemptions - stand together or fall individually.
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Obtuse? Really? Lol.
 
CrackPot said:
Not sure what problem you are trying to solve by pre registering (since we don’t have registration). Lawfully possessed by 8/1/24 is all that matters for grandfathering. No requirement to FA10, just lawful possession
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A mp5 clone with a 8” barrel.
 
VTski4x4 said:
They can't. They can stack up or f off. Guida is offering terrible legal advice. Do what you want until 8/1, and after that date, work through the loopholes. Loose lips sink ships.
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If you are talking about him pointing out the 2016 date - He is correctly reading the text

167 (f) a copy or duplicate of any firearm meeting the standards of or enumerated in clauses
168 (d) and (e); provided, that for the purposes of this subsection, “copy or duplicate” shall mean a
169 firearm: (A) that was manufactured or subsequently configured with an ability to accept a
170 detachable magazine; and (B)(i) that has internal functional components that are substantially
171 similar in construction and configuration to those of an enumerated firearm in clauses (d) and
172 (e); or (ii) that has a receiver that is the same as or interchangeable with the receiver of an
173 enumerated firearm in said clauses (d) and (e); provided further, that the firearm shall not be
174 considered a copy or duplicate of a firearm identified in clauses (d) and (e) if sold, owned and
175 registered prior to July 20, 2016
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1529 (b) Subsection (a) shall not apply to an assault-style firearm lawfully possessed within the
1530 commonwealth on August 1, 2024, by an owner in possession of a license to carry issued under
1531 section 131 or by a holder of a license to sell under section 122; provided, that the assault-style
1532 firearm shall be registered in accordance with section 121B and serialized in accordance with
1533 section 121C.
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A basic reading of the text would lead you to believe that lines 1529-1530 supersede lines 173 through 175 however precedent says that 173-175 have meaning or they wouldn't have put them in the text. Therefore, every court including SCOTUS would rule that 173-175 wins and 'copies and duplicates' must have been registered before 7/20/16 to be exempt.

This is not to say that SCOTUS wouldn't strike the entire "assault-style" bullshit down but they would interpret the meaning as Guida does.
 
CrackPot said:
Not sure what problem you are trying to solve by pre registering (since we don’t have registration). Lawfully possessed by 8/1/24 is all that matters for grandfathering. No requirement to FA10, just lawful possession
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Mass courts and the 1st Circus will disagree with you
The state has a "voluntary" registration right there on the portal.
 

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Marty McFly said:
I was asking reasonable questions. I'm not in agreement, but ok.
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Every single one of us knows the transaction portal is a gun registry, period. Registration is right there on the main screen.
Acting like it isn't is just being obtuse
 

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Marty McFly said:
He's not a layperson...
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I didn't say he was, I implied that I, a layperson, read the same text and with my meager knowledge of legal proceedings and case law interpret it the same way he does.
When reading law the text doesn't always mean what it seems from a colloquial sense - legal interpretations must be used and unfortunately that takes us to the position he holds.
 
pastera said:
Every single one of us knows the transaction portal is a gun registry, period. Registration is right there on the main screen.
Acting like it isn't is just being obtuse
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Right but if they want to create one, then it's not. And if it doesn't have basis to what you have it doesn't matter. I'm actually really trying here. The fact of the matter is, we all don't know. Sorry you feel that way
 
pastera said:
I didn't say he was, I implied that I, a layperson, read the same text and with my meager knowledge of legal proceedings and case law interpret it the same way he does.
When reading law the text doesn't always mean what it seems from a colloquial sense - legal interpretations must be used and unfortunately that takes us to the position he holds.
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Gotcha, didn't think you thought he was. I just don't agree based on what @CrackPot said with everything
 
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"Forget pastera, it's NEStown."

pastera said:
I didn't say he was, I implied that I, a layperson, read the same text and with my meager knowledge of legal proceedings and case law interpret it the same way he does.
When reading law the text doesn't always mean what it seems from a colloquial sense - legal interpretations must be used and unfortunately that takes us to the position he holds.
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IMO, Guida is not correct that anything becomes illegal when the bill is signed. Even if his interpretation is correct, it’s not effective immediately.
 
Marty McFly said:
Right but if they want to create one, then it's not. And if it doesn't have basis to what you have it doesn't matter. I'm actually really trying here. The fact of the matter is, we all don't know. Sorry you feel that way
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They can compile data and run reports in the E-FA10 system, we all know it’s a de facto registry. The only difference is now they’re calling it what it’s always been.
 
sig shooter said:
They can compile data and run reports in the E-FA10 system, we all know it’s a de facto registry. The only difference is now they’re being outright with it.
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Oh I agree, what I'm saying is it has been so shitty and incomplete that it can't be set in stone as a basis
 
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