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Gun activists say they are aiming to put Massachusetts gun law repeal on 2026 ballot

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Gun shop owner and 2nd Amendment advocate Toby Leary announces outside the Massachusetts Statehouse in Boston, Tuesday, Oct. 8, 2024, that firearms activists have collected enough signatures to place a question on the Massachusetts 2026 ballot that would repeal the state's new sweeping gun law. (AP Photo/Steve LeBlanc)

BOSTON – Massachusetts gun advocates announced Tuesday that they have gathered enough signatures to place a question on the 2026 ballot that would repeal a sweeping new gun law that cracks down on privately made, unserialized ghost guns, criminalizes possession of bump stocks and trigger cranks and requires applicants for a gun license to complete live-fire training.

The law also expands the state’s red flag law to let police as well as health care and school officials alert the courts if they believe someone with access to guns poses a danger and should have their firearms taken away, at least temporarily.

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Supporters of the repeal effort said they have collected at least 90,000 signatures — more than enough to put the new law before voters.

One of the leaders of the repeal effort, Toby Leary, said the new law was aimed at harming the rights of lawful citizens and not reducing crime or getting guns off the street.

“This is something that is aimed at all of our civil rights,” said Leary, president and co-founder of a gun shop and shooting range in Hyannis. “If they can do this to the 2nd Amendment, they can do this to any other right.”

Advocates were particularly upset with action taken by Massachusetts Gov. Maura Healey last week to immediately implement the new law. The action frustrated efforts by gun rights activists who had hoped to gather enough signatures to suspend the law before it took effect until the 2026 ballot question.

Leary called Healey's decision “an effort to suppress a right that is enshrined in our Bill of Rights.”

“That should never be allowed,” he said.

Healey defended the action.

“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,” Healey said. “It is important that these measures go into effect without delay.”

Leary said the group has raised about $100.000. He said the largest donation came from gun-maker Smith & Wesson. The company opened its new Tennessee headquarters last year after moving from its longtime home in Massachusetts.

The law was enacted in part as a response to the Supreme Court’s 2022 Bruen decision declaring citizens have a right to carry firearms in public for self-defense.

A federal lawsuit also filed by gun advocates argues that the Massachusetts law is unconstitutional, characterizing it as “onerous firearms legislation that imposes sweeping arms bans, magazine restrictions, registration requirements, and licensing preconditions that are as burdensome as they are ahistorical.”

The lawsuit — which cites the Bruen decision — asks the federal court to issue a temporary restraining order or preliminary injunction barring the state from enforcing the “burdensome licensing regimes on the possession and carry of firearms for self defense.”

The Massachusetts law also prohibits people who aren’t part of law enforcement from carrying guns at schools, polling locations and government buildings. It requires those applying for a license to carry firearms to demonstrate a basic understanding of safety principles and provides local licensing authorities with relevant mental health information.

District attorneys would be able to prosecute people who shoot at or near homes, which also seeks to ensure people subject to restraining orders no longer have access to guns.

The new law also expands the definition of “assault weapons” to include known assault weapons and other weapons that function like them. It bans the possession, transfer or sale of assault-style firearms or large-capacity feeding devices.


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