Massachusetts Governor Maura Healey’s swift enactment of the gun control law H.4885 has ignited fierce legal battles and questions of constitutional rights.
At a Glance
- The law was enacted as an emergency, bypassing normal legislative processes.
- It includes bans on ghost guns and stricter regulations on assault-style firearms.
- Opponents, including NRA, plan legal challenges citing constitutional concerns.
- The legislation imposes new training and licensing requirements.
Governor’s Authority and Legal Opposition
Governor Maura Healey employed executive authority to classify the gun control legislation as an emergency law, effectively bypassing Second Amendment rights groups’ suspension efforts. The law, H.4885, bans ghost guns, imposes restrictions on semiautomatic rifles or shotguns for individuals under 21, and mandates the serialization of firearms. Opponents argue this move challenges constitutional rights and democratic procedures. Pro-gun organizations, including the National Rifle Association, are preparing legal challenges against the measure. Legislators argue that applying the emergency preamble is a strategic move to ensure immediate enforcement.
Several lawsuit filings and a massive collection of 65,000 signatures by the Civil Rights Coalition highlight the resistance against this legislation. However, these signatures falter under the emergency law’s weight. The NRA expressed concerns about the legislation’s constitutional viability and its potential impact on lawful gun ownership operations.
David is absolutely right. Massachusetts has proven the NRA's bogus talking points wrong again and again Our strong gun laws—including strict licensing standards, a red flag law, and an assault weapons ban—help save lives. The rest of the country needs to follow suit. https://t.co/CPQHpYfFSh
— Ed Markey (@EdMarkey) June 6, 2022
Elements of the Legislation
The law mandates violence prevention investments while significantly expanding the Extreme Risk Protection Order, also known as red flag laws. Teaching safety to gun applicants and enforcing live-fire training are integral facets, though their implementation faces delays due to legislative drafting errors. Critics claim these requirements are burdensome and not reflective of modern constitutional interpretations.
“This gun safety law bans ghost guns, strengthens the Extreme Risk Protection Order statute to keep guns out of the hands of people who are a danger to themselves or others, and invests in violence prevention programs. It is important that these measures go into effect without delay,” Healey said.
Additional measures are incorporated, such as a ban on bump stocks, trigger cranks, and machine gun license restrictions to instructors and collectors. The law redefines assault-style weapons and establishes an advisory board tasked with determining prohibited weapons. Provisions within the bill also criminalize the parts enhancing weapon lethality.
In Massachusetts, we're not just calling for gun safety – we're walking the walk.
I'm proud of the role my office had in informing the legislation passed yesterday that takes tremendous steps forward in making our communities safer and protecting our kids. https://t.co/KD5zi9sNO5
— Andrea Joy Campbell (@MassAGO) July 19, 2024
Path Forward Amidst Controversy
Gun control advocates support the new law, emphasizing the potential life-saving benefits and the need for immediate enforcement of the safety measures. Meanwhile, the bill’s critics maintain that Governor Healey’s actions undermine public confidence in democratic procedure and the thorough legislative process. Legal experts anticipate that the constitutional challenges will provide a decisive verdict on the balance between public safety and Second Amendment rights.
“She … is literally interfering with the democratic process that is unfolding, a constitutional process that is unfolding. She had two months to do this before,” Leary told the Herald Tuesday morning. “If it was such an immediate need and a dire threat to this state, why did they wait until they knew that we were going to be successful in our campaign? This is only an effort to silence the voices of the 85,000 people that will be involved in this campaign.”
The unfolding showdown in Massachusetts symbolizes the intensified national debate on balancing comprehensive gun safety reforms with upholding individual constitutional rights. As the case progresses, it will likely influence similar legislative and judicial settings across the United States.
Sources
1. Healey plans to use executive authority to beat back attempt to suspend Mass. gun law
