Massachusetts Governor Toying With Referendum to Repeal New Gun Law?

AP Photo/Stephan Savoia

Massachusetts gun owners are under attack. Just the other day we reported on the state's Attorney General seeking guidance from several anti-gun groups concerning a ballot measure that citizens are raising. Now, we’re getting word from our friends over at Gun Owners Action League that Democratic Governor Maura Healey might pull some executive shenanigans of her own over that ballot measure.

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Since the recent passage of the Massachusetts-flavored “Bruen response” law, patriots from the Bay State have been scrambling to both make heads or tails of the draconian Chapter 135 (billed as "The Devil's Snare" by GOAL) as well as halt it.

Raising a ballot initiative gives the people an opportunity to weigh in on whether or not the law should stand or be repealed. If patriots are successful in their attempts to get the question on the ballot, that would stop the measure from going into effect until after the outcome of the next eligible election in 2026.

Per a notice sent out by GOAL, they note, “According to the Massachusetts Constitution, if the required amount of signatures are collected and certified, the implementation of the law would be postponed until the question can appear on the next statewide ballot.” Their statement continued by asserting, “It seems that the intention of Governor Healey could be to continue the pattern of disrespect for the Second Amendment by using yet more unusual and rare maneuvers to deny citizens their civil rights – much like her counterparts in the legislative leadership.”

“In an August 13, 2024 State House News Service article, Governor Maura Healey stated that she strongly opposes ‘…the petitioners’ attempt to suspend the law before their referendum seeking to repeal the law makes its way onto a statewide election ballot.’” GOAL stated.

Does this mean that Healey will retroactively make it so the measure goes into effect regardless of the status of any initiative? It’s an interesting concept, and one that’s not too far-fetched.

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“The Legislature and the Governor had every opportunity to include an emergency preamble to Chapter 135 and saw no urgent need to do so,” said Jim Wallace, Executive Director of Gun Owners’ Action League. “It is clear the sudden emergency was only manifested because the proponents of the law are witnessing a rising up of the citizens. This is completely unfamiliar ground for government officials that have done everything possible to avoid any legitimate public input.”

GOAL further points out that if it is the intention of Healey to pull such tyrannical tactics, it might actually not be within the purview of her authority to disallow a measure. “Article XLVIII of the Part of the Second of the Massachusetts Constitution allows the Governor to submit an emergency declaration prior to the referendum being put before the people. It does not appear that the Governor can stop the petition process.” GOAL observed.

At any time before the election at which it is to be submitted to the people on referendum, files with the secretary of the commonwealth a statement declaring that in his opinion the immediate preservation of the public peace, health, safety or convenience requires that such law should take effect forthwith and that it is an emergency law and setting forth the facts constituting the emergency, then such law, if not previously suspended as hereinafter provided, shall take effect without suspension, or if such law has been so suspended such suspension shall thereupon terminate and such law shall thereupon take effect: but no grant of any franchise or amendment thereof, or renewal or extension thereof for more than one year shall be declared to be an emergency law.”

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The birth and development of this law is already founded on incredibly shaky ground. In a document called “Process Matters,” GOAL put together a timeline of the evolution of this measure, pointing out the number of times some antics were pulled in order to massage the anti-freedom legislation into reality.

October 10, 2023 – The Committee on House Ways and Means holds a joint hearing with the House Committee on the Judiciary, effectively cutting the Senate out of the deliberative process in an effort to force the bill through the House.

At this hearing, the Committees hear testimony from so-called “stakeholders” and use a little-known, and somewhat confusing legislative procedure. The House Committee on Ways and Means used a previously filed supplemental budget bill (H.4090) that had already been “read” and passed through the initial legislative procedure, as a “vehicle” for the language. Essentially hollowing out the bill, inserting their gun control language into it and sent it to the floor without needing to follow the full legislative process.

October 18, 2023 – The House announces the new bill number H.4135 and takes up the bill in formal session. 

Initially, members of the House minority object to the bill being taken up as general legislation as bills that come from Ways and Means require a special pre-amble and special voting procedures. The majority votes this down on a roll call, the rules are suspended, and the bill moves forward to the floor as H.4135-2 for further amendments.

The bill is amended multiple times on the floor, is renumbered H.4139 and is passed to be engrossed by the House on a roll call vote of 120 to 38.

September 2023 – Senate President Karen Spilka assigns Senator Cynthia Stone Creem to head the working group for the Senate’s own gun control bill.

September 14, 2023 – GOAL meets with Senator Creem to discuss our concerns. 

From here on out, the Senate’s “process” takes place completely behind closed doors until an embargoed version is handed off to MCOPA who, on a vote of their Executive Committee only, votes to endorse the Senate’s bill.

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The timeline of course continues, with further assertions that rules were suspended and other three-card monte style tactics were being used to ram-rod this measure into place.

To be perfectly honest, it’d be glorious if Healey did try to stop the law from taking effect in the wake of a ballot measure being successfully raised. If Healey made such moves, the empress would have no clothes on, and even the most progressive anti-liberty courts would not be able to ignore how blatantly sleazy the move would be.

How is Healey going to handle everything should the referendum be placed on the 2026 ballot? Who knows. As noted, it’d sure be great to see that little bit of goose in her step pop out by exposing how much contempt she has for liberty by not letting the normal process proceed. But, as has become blatantly clear, no one seems to care about how things normally go, especially at this time. Right now we’re watching an epic temper tantrum from the progressive bigots - haters of gun owners, a minority in Massachusetts - and their sloppy work will continue to be to our benefit.

Hang in there Massachusetts! The good news is other states are dealing with similar issues and are further along in their challenges. All that jurisprudence will be yours to use in your battle.

If you’d like to stop tyranny from creeping out of the borders of New England and into your home state, that means stopping it in New England! Consider tossing GOAL some cha-ching! They could use all the help they can get during this epic battle between good and evil. Or, join the league today!

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