On March 28, 2013 Massachusetts House Speaker Robert DeLeo created a Committee to Reduce Gun Violence. Committee members were told that no issues are off of the discussion table, including proposals for additional revenue.
Nothing more clearly identifies the driving force behind DeLeo’s committee than his own words: “In the wake of some very high profile instances of gun violence around the country, I knew we had to do something.”
By my definition, a Brochure Bill is foremost a legislative campaign to convince constituents that their elected officials are taking some action on an issue. A central characteristic of a Brochure Bill is that elected officials are aware that the Bill will not likely find its way into statute. However, the Bill will serve well as a pulpit talking point against claims of inactivity or lack of action. Is the new gun law Bill more than a brochure?
So what are a few of the somethings that are proposed in the DeLeo Committee Gun Control Bill for Massachusetts, a State that enjoys a top-six ranking for the strictest gun laws in the U.S.?
1) To expand the already confusing and non-standardized suitable person discretionary authority that police chiefs presently have to deny a license to carry handguns to include rifles and shotguns. The committee also believes that placing a definition of suitability in MA statute” will not provide the necessary flexibility and discretion needed in allowing the licensing authority to make a reasoned decision.” As it presently exists, this discretionary authority is arbitrarily applied and void of guidelines for licensing authorities.
2) Require background checks on all gun sales, including private sales. This requirement will likely include non-monetary transfers of firearms. The committee report doesn’t address non-monetary firearm transfers in the Bill.
3) Bring Massachusetts into compliance with the National Instant Background Check [NICS] Improvement Act of 2007, which requires that addiction and mental health records be submitted to the NICS system data-base used to qualify or disqualify individuals applying for gun licenses. Now this is among one of the “somethings” that deserves careful consideration. Pre-existing and formally diagnosed mental health issues have been an unfortunate, but real, common thread in the high profile mass shootings.
4) Standardize Basic Firearm Safety Training curriculum and add a statutory requirement for live-fire training and a module on suicide. I’m a firm believer that firearm safety training businesses, Independent civilian instructors, as well as RET officers should ALL conduct firearm safety training that includes structured curriculum content in compliance with the standards of the existing MGLs and CMR.
5) Enforcing and encouraging compliance with existing gun storage laws – There is no sales tax on purchases of gun safes. The committee recommends an additional financial incentive be considered, such as a tax credit for the purchase of a gun safe.
Brochure Bill? Maybe, in part. It is likely that we may see a July 31st D-Day passage of a version of the DeLeo Committee to Reduce Gun Violence Bill. Why? Some of the items on the discussion table resonate on both sides of the gun debate aisle. Another reason is because Massachusetts, like so many other States, prefers the academic task of writing laws over the less desirable task of fixing the glaring problem of lack of judicial enforcement and penalties for the illegal transport, possession and criminal use of guns in the Commonwealth.
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