Wednesday, October 18, 2006

Jim Crow Laws Coming to an End in Massachusetts (well... maybe)

Massachusetts has some really "intricate" firearms laws. To own any firearm requires a state issued license, and there are four levels of licensing (Overview of Licensing Structure). The basic Firearms Identification Card is required for the purchase and carry of Mace and Pepper Spray, no firearms allowed. The levels go up from there to a Class A Firearms License that may allow concealed carry.

Currently these licenses are issued by the local chief of police. There is no "shall issue" law in MA, it is up to the discretion of the police chief. Other than being against the Constitution of the United States and the Second Amendment of the Bill of Rights, this is also immoral. The police chief can make the decision to issue or not issue a license based on arbitrary matters that he does not have to make public. So, the chief can deny a license based on race, income, part of town you live in, what ever he wants. This opens the door for racism, preferential treatment or fraud. Laws like this are similar to the old "Jim Crow" laws that are a stain on our history.

There is a means for the citizens of MA to appeal the denial of a license.

As reported in the Boston Globe, the Lieutenant Governor of Massachusetts, Kerry M . Healey, might be taking a first step towards freedom:

Lieutenant Governor Kerry M . Healey yesterday called for stripping local police chiefs of the power to issue gun licenses and transferring the responsibility to a specially appointed state public safety official, a proposal that puts her in line with the agenda of the Massachusetts gun owners' lobby.
Lieutenant Governor Healey explains her new position:

``My proposal would be to elevate that position to a state body, so that citizens of the Commonwealth . . . could have the same standards applied to their application to carry or possess a gun," Healey said at a news conference. ``At this moment, your ability is . . . completely controlled by the police chief. I think we have a need for a standard set of regulations. . . . that would be much better done at a state level, not a local level."
This is a step in the right direction for the people of Massachusetts. It is not even close to perfect, but if passed will open the door for a shall issue law.

The Gun Owners Action League (GOAL) is a good place to start if looking for Massachusetts firearm laws, and for information on what is being done do change them.

Update: Bruce over at mAss Backwards has a different take on Healey and GOAL here.

David also posted a different point of view at The War on Guns.

Granted, this is most likely election year rhetoric on Healey's part. But if she can get this done, then it will be easier to get a shall issue law passed in the future. Fighting the soft war against gun control in a state like Massachusetts has got to be disappointing. Banging your head against the wall on a daily basis and not getting much support from the general population of firearms owners would burn most people out quickly. Small victories like this may help to get more firearms owners (and those that want to be firearms owners) more involved in securing their right to keep and bear arms.

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