Prohibiting the confiscation of lawfully owned firearms during a state of emergency
Impact
If passed, S1513 would amend Chapter 140 of the General Laws by introducing Section 129E, which would solidify the inability of law enforcement officials to seize lawfully owned firearms under emergency conditions. The bill intends to prevent potential overreach by the government, reflecting a strong emphasis on Second Amendment rights. It also includes provisions for civil fines for those who violate these stipulations, with penalties ranging from $500 to $5,000 per unlawfully confiscated firearm, or imprisonment for up to two and a half years.
Summary
Senate Bill S1513 aims to prohibit the confiscation of lawfully owned firearms during a declared state of emergency in Massachusetts. The bill stipulates that no government officials or individuals acting on their behalf are permitted to confiscate legally owned firearms, rifles, shotguns, machine guns, or ammunition. This legislative action is framed within the broader context of safeguarding the rights of gun owners and ensuring that during times of crisis, individuals retain their property rights regarding firearms.
Contention
The bill may generate significant discussion among legislators, gun rights advocates, and law enforcement agencies. Proponents argue that the measure is essential to protect individual freedoms and ensure citizens can defend themselves during emergencies. Conversely, opponents might raise concerns about the implications for public safety and the potential challenges it poses to law enforcement's ability to manage firearms effectively in crisis situations. The debate is likely to center on the balance between individual rights and community safety.
Notable_points
An important aspect of S1513 is that it does not prohibit confiscation of firearms from individuals who are arrested or have been issued protection orders. This inclusion aims to address potential concerns about dangerous individuals retaining access to firearms while still maintaining broader protections for law-abiding gun owners. The discussion surrounding this provision could be pivotal in shaping the final outcome of the bill.
Replaced by
Order relative to authorizing the joint committee on Public Safety and Homeland Security to make an investigation and study of certain current Senate documents relative to firearms
Order relative to authorizing the joint committee on Public Safety and Homeland Security to make an investigation and study of certain current Senate documents relative to firearms
In inchoate crimes, further providing for the offense of possession of firearm or other dangerous weapon in court facility; in firearms and other dangerous articles, further providing for relinquishment of firearms and firearm licenses by convicted persons, repealing provisions relating to firearms not to be carried without a license and relating to carrying loaded weapons other than firearms, providing for license not required, further providing for prohibited conduct during emergency, repealing provisions relating to carrying firearms on public streets or public property in Philadelphia, providing for sportsman's firearm permit and further providing for licenses, for sale or transfer of firearms, for antique firearms and for proof of license and exception; in protection from abuse, further providing for relief; in hunting and furtaking, further providing for cooperation after lawfully killing big game; and, in protection of property and persons, further providing for loaded firearms in vehicles.