Massachusetts Legislature Suspends New Training Requirements

GOALJim

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In a likely response to GOAL’s federal lawsuit, the Massachusetts legislature has suspended the new training requirements in Chapter 135.

In yet another secret maneuver, the legislature hid an amendment in a budget bill. The bill was signed into law on September 16, 2024. Section 51 of the bill (Chapter 206 of the Acts of 2024). It essentially suspends all new training requirements for those seeking a firearms license as well as training for law enforcement and retailers.

Read Story: Massachusetts Legislature Suspends New Training Requirements
 
I'm 100% convinced this was just a f***up on the part of the state, correcting a typo, and not actual malice.

"this" being, "make this change" and not "adding idiotic training requirements."


There's two sections modifying H.4885:

SECTION 50. Section 16 of chapter 135 of the acts of 2024 is hereby amended by striking out in clause (d) the figure “128A” and inserting in place thereof the following figure:- 131 ¾.

This part clearly changes a typo. Context says it should have been 131-3/4 , and we all could see that.

SECTION 51. Said chapter 135 is hereby further amended by striking out section 159 and inserting in place thereof the following section:-
SECTION 159. Sections 38 and 74 shall take effect 18 months after the effective date of this act.​

It used to say, "38 and 75"

Section 75 in 4885 is about recording of guns used in crimes and stuff.
Section 74 in 4885 is about safety training for LTC applicants.

Occam's Razor says when they rushed 4885 through they typo'd "75" when they meant "74".

18 months (21 months from signing) is a totally reasonable amount of time for the state police to come up with a curriculum and the infrastructure to be put in place.
delaying the implementation of recording of crime guns by 18 months just doesn't make sense.


I'm not going to defend any of the garbage in H.4885.

This change – fixing typos that are important to fix – isn't malice, it's just them trying to hide their f***up while also correcting it.
 
In a likely response to GOAL’s federal lawsuit, the Massachusetts legislature has suspended the new training requirements in Chapter 135.

In yet another secret maneuver, the legislature hid an amendment in a budget bill. The bill was signed into law on September 16, 2024. Section 51 of the bill (Chapter 206 of the Acts of 2024). It essentially suspends all new training requirements for those seeking a firearms license as well as training for law enforcement and retailers.

Read Story: Massachusetts Legislature Suspends New Training Requirements

I'm sure that the lawsuit forced them to actually look at what they wrote, but what they actually changed looks a lot more like fixing a typo, and not a change in intention.
 
I'm 100% convinced this was just a f***up on the part of the state, correcting a typo, and not actual malice.

"this" being, "make this change" and not "adding idiotic training requirements."


There's two sections modifying H.4885:



This part clearly changes a typo. Context says it should have been 131-3/4 , and we all could see that.



It used to say, "38 and 75"

Section 75 in 4885 is about recording of guns used in crimes and stuff.
Section 74 in 4885 is about safety training for LTC applicants.

Occam's Razor says when they rushed 4885 through they typo'd "75" when they meant "74".

18 months (21 months from signing) is a totally reasonable amount of time for the state police to come up with a curriculum and the infrastructure to be put in place.
delaying the implementation of recording of crime guns by 18 months just doesn't make sense.


I'm not going to defend any of the garbage in H.4885.

This change – fixing typos that are important to fix – isn't malice, it's just them trying to hide their f***up while also correcting it.
I think you have too much faith in our elected officials. They wanted to eliminate a part of the new law that created a risk of litigation. They don’t have our best interests in mind.
 
I think you have too much faith in our elected officials. They wanted to eliminate a part of the new law that created a risk of litigation.

Sure, but look at what they changed. They didn't add a delay for the training requirement, they changed the delay from one section to another. It really looks like they're trying to fix a typo.

They don’t have our best interests in mind.

This I 100% agree with.
 
This delay doesn't obviously actually get anyone any reprieve. The way the new §131P is written, the change of effective date might be kinda meaningless.

Section 131P.

(a) Any person applying for the issuance of a [FID or LTC] shall, ... submit to the licensing authority a basic firearms safety certificate; [hunter's ed is good enough for an FID].

Persons lawfully possessing a [LTC or FID] on August 1, 2024, shall be exempt from this section upon expiration .. [or] renewal...;

provided, however, that persons possessing a [LTC or FID] prior to the implementation of live firearms trainings as required in this section shall also be exempt from such requirement.

No application for the issuance of a firearm identification card or license to carry shall be accepted or processed by the licensing authority without such certificate attached thereto; provided, however, that this section shall not apply to: [state actors]

So, the entire new §131P doesn't take effect until April 23, 2026, but that pesky 8/1/2024 date is still there.

What does this mean? Are current format classes good until 4/24/26? It's messed up to have an effective date 21 months from signing, with a critical date only seven days from signing.
 
In a likely response to GOAL’s federal lawsuit, the Massachusetts legislature has suspended the new training requirements in Chapter 135.

In yet another secret maneuver, the legislature hid an amendment in a budget bill. The bill was signed into law on September 16, 2024. Section 51 of the bill (Chapter 206 of the Acts of 2024). It essentially suspends all new training requirements for those seeking a firearms license as well as training for law enforcement and retailers.

Read Story: Massachusetts Legislature Suspends New Training Requirements

I don't think the part in red is true. Or at least it's not a change.

Nothing in SECTION 74 (§131P) has anything to do with dealer or law enforcement training, and the 18 month delay for SECTION 38 (§125 of MGL) was already in H.4885.
 
Any more on this? I can't find anything on GOAL. Is the 10/23 date still in effect? Or can we continue to do training with the old training classes until 4/23/ 2026?
 
Just received this email:

From: Firearms Licensing (POL) <[email protected]>
Sent: Thursday, September 26, 2024 12:03 PM
Subject: Firearms Legislation Update for Instructors


Good Morning,

As some of you may know, on September 16, 2024, the Governor signed, An Act Making Appropriations for the Fiscal Year 2024 to Provide for Supplementing Certain Existing Appropriations and for Certain other Activities and Projects, which amended the effective date of section 74 (BFS Course) of the firearms law. This means that the new requirements for the BFS Course will not become effective until 18 months following the Act taking effect. Until that time, local licensing authorities should continue to accept and process applications for FID cards and LTC’s in the ordinary course, consistent with current law.

Any person who has been issued a FID or LTC on or before August 1, 2024, will not be required to complete the new BFS requirements or the live fire requirement when the law takes effect, including when seeking to renew the card or license, pursuant to the registration Act.

However, individuals who apply for an FID or LTC after August 1, 2024, but before the Act becomes effective, may be issued an FID or LTC if the applicant is eligible under current law. Individuals issued an FID or LTC during this period (August 1, 2024 - effective date of the Act) will be subject to the new requirements when they seek to renew their FID or LTC. Please note, there is no current approved course that fulfills the requirements of the new legislation at this time.

We are diligently working with EOPSS, MPTC, and CJIS on course requirements and will update you, as an instructor, as we move forward.

Thank you for your patience as we navigate this process together.

Sincerely,

Kristin


Kristin M. Ryan
Firearms Licensing
Massachusetts State Police
470 Worcester Road

Framingham, MA 01702

508-820-2299


[email protected]
 
Any person who has been issued a FID or LTC on or before August 1, 2024, will not be required to complete the new BFS requirements or the live fire requirement when the law takes effect, including when seeking to renew the card or license, pursuant to the registration Act.
How is the date of issue determined in this case? I was approved by local PD before 8/1, but the actual card did not arrive until after.

EDIT: just looked at the card, yep, date of issue is 8/14. I guess i'll find out in 6 years...
 
How is the date of issue determined in this case? I was approved by local PD before 8/1, but the actual card did not arrive until after.

EDIT: just looked at the card, yep, date of issue is 8/14. I guess i'll find out in 6 years...
Well better learn how to shoot then, if you a good shot with handgun you can pass any shooting test they come up with
 
From: Firearms Licensing (POL) <[email protected]>
Sent: Thursday, September 26, 2024 12:03 PM
Subject: Firearms Legislation Update for Instructors


Good Morning,

As some of you may know, on September 16, 2024, the Governor signed, An Act Making Appropriations for the Fiscal Year 2024 to Provide for Supplementing Certain Existing Appropriations and for Certain other Activities and Projects, which amended the effective date of section 74 (BFS Course) of the firearms law. This means that the new requirements for the BFS Course will not become effective until 18 months following the Act taking effect. Until that time, local licensing authorities should continue to accept and process applications for FID cards and LTC’s in the ordinary course, consistent with current law.

Any person who has been issued a FID or LTC on or before August 1, 2024, will not be required to complete the new BFS requirements or the live fire requirement when the law takes effect, including when seeking to renew the card or license, pursuant to the registration Act.

However, individuals who apply for an FID or LTC after August 1, 2024, but before the Act becomes effective, may be issued an FID or LTC if the applicant is eligible under current law. Individuals issued an FID or LTC during this period (August 1, 2024 - effective date of the Act) will be subject to the new requirements when they seek to renew their FID or LTC. Please note, there is no current approved course that fulfills the requirements of the new legislation at this time.

I think the bold bit is wrong.

So the 8/1/24->18 months after the enactment date will have to do the new course upon renewal. That sucks!

Not the way the law is actually written.


Section 131P.

(a) Any person applying for the issuance of a license or card under sections 129B, 131 or 131F shall, in addition to the requirements set forth in this chapter, submit to the licensing authority a basic firearms safety certificate; provided, however, that a certificate issued under section 14 of chapter 131 evidencing satisfactory completion of a hunter education course shall serve as a valid substitute for a basic firearms safety certificate required under this section for the issuance of a firearm identification card pursuant to section 129B.
Persons lawfully possessing a firearm identification card or license to carry firearms on August 1, 2024, shall be exempt from this section upon expiration of such card or license and when applying for renewal of such licensure as required under this chapter;

provided, however, that persons possessing a firearms identification card or license to carry firearms prior to the implementation of live firearms trainings as required in this section shall also be exempt from such requirement.

The red bit reads to me:

"You can get a regular license exempt from the new requirements if you get it before April 23, 2026. AND if the live fire trainings [sic] have not been implemented (which I read as "developed/standardized/promulgated") by April 23, 2026, you can still get your license as long as you take the new course stuff, sans live fire, and you will not be required to take a new course upon renewal.

The key thing here is "also" in "shall also be exempt". Combine that with the batshit insanity of retroactive laws (anything between 8/1/24 and 10/23/24 or 4/23/26) and there's no way requiring re-education will hold up.

I chock this up to more "they suck at their jobs and can't write coherent law" as much as "they're evil pigf***ers" (the latter is true, but Occam's and Hanlon's razors say there's a huge helping of incompetence in the mix.
 
Please note, there is no current approved course that fulfills the requirements of the new legislation at this time.

This says it all....these a$$holes passed a law, which would have demanded specialized training, without any clue if that training was even available at the time.
 
Please note, there is no current approved course that fulfills the requirements of the new legislation at this time.

This says it all....these a$$holes passed a law, which would have demanded specialized training, without any clue if that training was even available at the time.

This reinforces the position that the new curriculum is only required when the law actually takes effect.

There's nothing in the law that says anything about people who get their license before it goes into effect *EXCEPT* to explicitly say that anyone licensed on 8/1/24 is exempt.

"John can wear brown shoes" is not the same thing as "Only John can wear brown shoes".

"people licensed on 8/1/24 are exempt" is not the same thing as "anyone licensed after 8/1/24 but before the law goes into effect are not exempt".
 
The tyrant does not bring the tyranny with them, it is born through compliance. People need to stop bending themselves into pretzels trying to stay within boundaries that are constantly moving, purposely vague, and blatantly unconstitutional.
 
They will say it is to hard to figure out who has had new training and who hasn’t. Due to this all renewals after (date they finally have a requirement) will need the new training to renew.
Just my opinion.
 
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