Massachusetts Governor Signs Gun Control Omnibus Bill

Last updated on August 7th, 2024 at 04:27 pm

Massachusetts Gov. Maura Healey, a Democrat, signed an expansive gun control bill into law on Thursday, July 25.

Healey, in her signing statement, touted the bill’s provisions restricting access to so-called “ghost guns,” a term used to describe firearms lacking accurate serial numbers.

She also emphasized efforts in the bill to limit access to self-assembled firearms using 3D printing or computer numerical control milling technology. The legislation states, “No person shall use a 3-dimensional printer or computer numerical control milling machine to manufacture or assemble any firearm within the commonwealth without a valid license to carry firearms.”

Healey also noted provisions within the bill expanding the state’s existing extreme risk protective order (ERPO) laws, which she and others have referred to as “Red Flag” laws. These laws allow courts to order the suspension of firearms licenses and the removal of firearms from the subject of an ERPO, if a judge decides that the subject of one of these orders poses a risk of harm to themselves or others.

The new ERPO language in the bill now specifies that anyone subject to an ERPO cannot apply for a new firearm license or identification card while that order remains in effect. It also expands the range of people who can request to have someone “Red-Flagged” from law enforcement, family, and household members to licensing authorities and healthcare providers.

The new law also expands the definition of an “assault weapon” in the Massachusetts state law. The existing “assault weapons” ban language in the state entails a “feature test,” whereby any semiautomatic firearm with the ability to accept a detachable magazine and with at least two other features, is considered illegal. Currently, a banned rifle in Massachusetts is any semiautomatic rifle capable of accepting a detachable magazine that has at least two of: a folding or telescoping stock; a pistol grip; a bayonet mount; a flash suppressor or threaded barrel designed to accommodate a flash suppressor; or a grenade launcher.

The new law adds another feature to the feature test list, a barrel shroud. Gun rights activists like the Massachusetts-based Gun Owners’ Action League (GOAL) argue that adding barrel shrouds to the feature test will essentially prohibit access to a far greater range of firearms than in the past because many firearms include these shrouds in addition to at least one other feature on the list.

“Massachusetts is proud of our strong gun laws, but there is always more work to be done to keep our communities safe from violence,” Healey said upon signing the new legislation.

The Massachusetts governor said the new gun control omnibus is a response to what she called a “misguided” decision by the U.S. Supreme Court in the 2022 case of New York State Rifle & Pistol Association v. Bruen. The Supreme Court ruled in that case that states are required to set objective criteria for licensing access to firearms, rather than relying on more arbitrary “may-issue” legal language. The ruling forced many states that have historically restricted access to public firearm carry to reevaluate their laws.

“This law will save lives, and I’m grateful to the Legislature and gun safety advocates for their hard work to see this through,” Healey said.

The bill Healey signed cleared the state legislature—a Democratic supermajority in both houses—in a pair of votes on July 18, over the objections of Republican lawmakers in the state.

“This bill represents a direct attack on our Second Amendment rights, and GOAL has been tirelessly working to oppose it,” the gun rights advocacy group said in a July 18 statement following the votes.

In a July 24 video message to supporters, GOAL public policy director Mike Harris said the group is working with other gun rights advocacy groups both within the state and nationally, to “divvy up” the numerous aspects of the bill and coordinate who will challenge different sections of the bill.

“In order to get standing on a lot of this stuff, we’re going to have to challenge, you know, different sections of the law peace meal,” Harris said.