An Act Relative to Constitutional Rights
1/16/17 Update: This bill has been refiled for the 190th General Court by Rep. James Miceli (HD.727)
This legislation creates a new section of law that provides a presumption that the right to keep and bear arms is an individual civil right. For many years the courts and law enforcement entities have been confused due to the state’s poorly written laws. With a clearly defined presumption of rights, lawful citizens will be saved unnecessary harassment. Likewise the courts and law enforcement will no longer waste time and resources on lawful citizens simply exercising their civil rights.
It also provides protections against other government entities in the state from passing laws and regulations restricting that right. This will avoid a potential patchwork of laws across the Commonwealth that causes confusion.
SECTION 1. Chapter 140 shall be amended by inserting the following section:-
Section 120A. No county, municipality, township or other community entity within the Commonwealth of Massachusetts may enact, pass or enforce any law, ordinance or regulation concerning the lawful ownership, use, possession, transfer, purchase, receipt or transportation of firearms, antique firearms, ammunition or ammunition components.
The right to keep and bear arms as an individual civil right shall be presumed to exist in all matters regarding the ownership, use, possession, transfer, purchase, receipt or transportation of firearms, antique firearms, ammunition or ammunition components unless expressly prohibited by the laws of this Commonwealth.
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