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Concealed Carry

The Past:

The Firearms Reform bill s.2367, was passed by the Ma. House and Senate making it law on 6-29-2004. It created the Firearms Licensing Review Board, (FLRB). Firearm license applicants disqualified by a prior misdemeanor conviction could now file a petition for review, (see Gun Sense #20) now moot, in front of a seven member board. The petition could be filed 5 years after the conviction, adjudication, commitment, probation or parole.

The Firearms Reform bill s.2367 merely took the existing state references to Federal law, and fixed the language to a point in time in 1994. Lawmakers followed that Federal language supposedly in 2004 as well, and believed the net effect on Ma gun owners should be zero.

Under M.G.L c. 140/ 130B, since 2004, people who were previously denied a firearm license were able to sometimes successfully petition the FLRB to regain or gain a firearm license. Police chiefs would ultimately have the final say but normally were comfortable with the findings of the FLRB.

PRESENT DAY:

Recently, 4-20-18, the Federal Bureau of Alcohol, Tobacco and Firearms, (BATF) had a meeting with the Ma. Criminal Justice Information Services, (DCJIS) and the Executive Office of Public Safety and Security. In the meeting the BATF outlines how the state has been violating Federal law 18 u.s.c. / 992(g) and 18 u.s.c./ 921 (a) (20) since 2004. The BATF ‘advises’ that the licenses that were approved through the FLRB appeals process should now all be revoked. This now would render the FLRB impotent in the future. ‘Advice’ politicians are happy to follow.

People who lawfully went through the FLRB appeals process, approximately 340 of them, many in law Enforcement, all good people, are now, suddenly, and severely impacted by this turn of events. These people did everything right, unknowingly, under what was obviously fraudulent law.

The state should have to reimburse the people the money they had to spend to go through that process, plus any renewals they had to pay over the years.

When the topic is firearms the politicians now pretend to be concerned about running ‘afoul’ of Federal laws, but exhibit no such ‘concern’ about running afoul of Federal Immigration or Federal marijuana laws……
Article VI of the Constitution states that Federal law takes priority when it clashes with state law. Where is that ‘concern’?

Two examples of hypocrisy by politicians and police in Ma concerning an aversion of running afoul of Federal laws;
7-24-17, The Highest Court in Ma. Declares the Commonwealth a Sanctuary State.
(A clear violation of Federal Immigration law)
2-27-18, State Police Chiefs Back New Version of Sanctuary State bill.
(Another clear violation of Federal Immigration laws)
Lets not even talk about Federal Marijuana laws the state willingly violates…….

The DCJIS FLRB has no authority to revoke or suspend licenses currently in force. Police chiefs can simply allow licenses to expire in due course, there should be no manufactured ‘panic’ by politicians or police.

The Governor should stop feigning ‘panic’ to strip guns away from these people, “immediately”, people who lawfully held them for years with no abuses.

The guns were also bought legally by these people and are private property. Is the state going to reimburse the cost of the firearms that are seized? Or are they going to willfully violate the Fourth, Fifth, and possibly the Ninth Amendment, as well?

The people effected need to lawyer-up and take the state to court. And Federal law concerning appeals should be made so people are not banned for life for some minor youthful indiscretions that amounted to nothing.

Mark Shean
6-17-18

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Gun Sense #49, BATF Pays a Visit to Ma. Officials 4-20-18, 8.0 out of 10 based on 2 ratings

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