Analysis: What the New Massachusetts Gun-Control Law Does [Member Exclusive]

After greater than a yr of effort and two failed prior makes an attempt, Bay State lawmakers formally bought a Bruen-response invoice enacted into legislation this week.

Massachusetts Governor Maura Healey signed H.4885 into legislation on Thursday. The signing ceremony was the fruits of a number of months of negotiations between gun-control advocates within the state’s Home and Senate after earlier payments died within the legislature.

Clocking in at 116 pages in size, there are few realms of firearms regulation that the measure doesn’t contact. Right here’s a take a look at what a few of the most important modifications in H.4885 will imply for Massachusetts gun homeowners.

“Assault-Type Firearms” and Journal Restrictions

The brand new legislation expands the state’s already in depth prohibition on so-called assault weapons by broadening the definition of which weapons are included beneath the ban. Underneath H.4885, “no individual” shall “possess, personal, provide on the market, promote or in any other case switch” an “assault-style firearm” or “giant capability feeding gadget.”

The legislation defines an assault-style firearm as any semiautomatic centerfire rifle or semiautomatic pistol able to accepting a removable journal that additionally has two or extra beauty or ergonomic options sometimes related to assault weapon bans. They embrace issues like folding or telescopic shares, ahead grips, threaded barrels, and barrel shrouds. The legislation additionally applies to any semiautomatic shotgun, no matter whether or not they settle for removable magazines, in the event that they include two or extra of the banned options.

Along with the newly-added features-based take a look at, the legislation carries over the ban on dozens of particular firearms by make and mannequin, in addition to any firearm listed on the state’s “assault-style firearm roster,” which the state’s Firearm Management Advisory Board is tasked with sustaining and updating at its discretion. The legislation additionally permits anybody to petition the board so as to add or take away firearms from the roster. Moreover, the legislation bans any “copy or duplicate” of a firearm listed within the statute or on the assault-style firearm roster.

There are a handful of exceptions to the legislation’s possession ban, nonetheless. Those that possessed an assault-style firearm previous to August 1, 2024, registered the weapon with the state, and have a legitimate license to hold are grandfathered in. As are those that legally bought what the state labels copies of banned weapons earlier than July 20, 2016–the day Governor Maura Healey (D.), who was Lawyer Common on the time, introduced she was re-interpreting state legislation to ban the weapons.

Massive-capacity feeding gadgets—outlined by the legislation as any fastened or removable journal, drum, or belt able to holding greater than 10 rounds of ammunition or greater than 5 shotgun shells—are utterly banned until they had been beforehand owned earlier than September 13, 1994.

Carry Restrictions and Allowing Necessities 

Whereas ostensibly a Bruen-response invoice, H.4885’s restrictions on gun carry are much less onerous than the response payments handed in different previously may-issue states. It creates new “prohibited areas,” just like the delicate locations crafted in different payments. Nevertheless, it limits them to state, county, and municipal authorities property in addition to inside 150 ft of any polling place.

H.4885 additionally provides new coaching necessities for folks looking for a license to hold. The legislation duties the colonel of state police with crafting uniform security coaching requirements that should embrace each a written and dwell hearth examination. Programs should additionally cowl “the protected use, dealing with and storage of firearms; strategies for securing and childproofing firearms; the relevant legal guidelines regarding the possession, transportation and storage of firearms; data of operation, potential risks and primary competency within the possession and use of firearms; damage and suicide prevention and hurt discount training; relevant legal guidelines regarding using drive; disengagement techniques; and dwell firearms coaching.”

These with legitimate carry licenses issued previous to August 1, 2024 are exempt from having to undergo the up to date coaching necessities when renewing their licenses. The legislation maintains the state’s present $100 software payment and six-year validity window for permits.

“Ghost Gun” Bans

In an try to crack down on so-called ghost weapons, the legislation prohibits the possession, manufacture, switch, and sale of any unserialized firearms made after 1968. It does permit individuals in any other case allowed to buy and possess firearms to proceed privately manufacturing them, supplied that they aren’t “assault-style” firearms and that individuals serialize them with the Division of Legal Justice Info Companies inside seven days.

The legislation prohibits anybody from utilizing a 3-D printer or CNC machine to make a firearm until they’ve a legitimate license to hold. It additionally prohibits the sale of any 3-D printer or CNC machine that has “the first or meant operate of producing or assembling firearms,” which is able to apparently be decided based mostly on the machine’s advertising and promotion.

“Machinegun” Restrictions

The legislation updates the state’s present prohibitions on machineguns by additionally criminalizing the possession of “automated components,” outlined as any “gadget, half or mixture of components” able to being connected to a firearm that “permits for the automated discharge of greater than 1 shot with 1 steady activation of the set off” or that “will increase the speed of fireplace of a firearm to imitate automated hearth.” The invoice lists bump shares, rapid-fire set off activators, and set off modifiers like cranks and binary triggers as falling beneath that definition. The invoice particularly exempts changes made to the set off pull weight of a firearm, although.

Excessive Danger Safety Order Enlargement

H.4885 considerably expands the classes of individuals eligible to petition a decide to provoke Massachusetts’ present emergency gun confiscation legislation.

Beforehand, solely members of the family or legislation enforcement had been permitted to  request an excessive danger safety order.

The brand new legislation will now permit licensed physicians, registered nurses, licensed sensible nurses, licensed nurse practitioners, licensed medical nurse specialists, licensed psychiatric medical nurse specialists, licensed psychiatrists, licensed psychologists, licensed psychological well being counselors, licensed marriage and household therapists, licensed unbiased medical social employees, licensed licensed social employees, a principal or assistant principal of an elementary faculty or secondary faculty, and directors of a faculty or college the place the respondent is enrolled to file petitions.

Miscellaneous

The legislation additionally duties the state legislature with convening a particular fee to “examine and examine rising firearm expertise.” Particularly, the 13-member fee will likely be required to check the “standing, feasibility, and utility” of good weapons and microstamping expertise, together with the fee and impacts related to “requiring” their use in Massachusetts. The legislation directs the fee to finish its examine and situation legislative suggestions no later than March 1, 2025.

Moreover, the 116-page legislation is plagued by new administrative record-keeping, data disclosure, and coaching necessities for firearms retailers and varied state companies.

Total, the invoice is far much less akin to the Bruen-response legal guidelines gun homeowners have grown accustomed to seeing in states like California and New York, and way more like a seize bag of varied gun management coverage objectives. It’ll probably show to be simply as liable to authorized challenges from gun-rights advocates, although.