Massachusetts State House.
Policy Library

Discourse and Disagreement on Guns

August 29, 2013

When lawyers talk about gun and firearm safety, they often use words and phrases like “reasonableness” “narrowly crafted,” “overbroad,” “civil rights,” “minimum mandatory sentences,” “loopholes,” and “privacy issues.”  Gun and firearm safety is neither easy nor straightforward.

In an effort to make sense of it all, the Boston public hearing on gun control and firearm safety will be held on Friday, September 13th at 10 a.m.  The Joint Committee on Public Safety and Homeland Security has reserved Gardner Auditorium at the State House for the fourth hearing on this subject.  With 58 bills on the agenda covering the entire spectrum of issues connected to gun control laws, a large crowd is expected to turn out to testify or just listen that day.  We’ll be there too.

The BBA is still uncertain if it will support or oppose any specific proposal.  Our own internal study group has been hard at work debating various aspects of gun control and firearm safety and its work continues as the public hearing approaches.  Our only conclusions thus far are that the BBA can add value to the debate by parsing the legal points from the political positions and the legislature expects to hear from us.

While it’s anything but simple, there are some areas where reasonable people can agree.   First, Massachusetts already has some of the strictest gun control laws in the country.  Even so, it is not clear whether any law could prevent a tragedy like the one at Sandy Hook in Newtown, Connecticut.  Second, Massachusetts gun laws need to be reformed because they are convoluted, complex, and difficult to understand, even for lawyers.  Massachusetts gun laws can be found in state statutes, case law, and even local ordinances and regulations.  Third, we need to figure out ways to keep guns away from criminals, juveniles, and those with mental health disqualifications.  Finally, any legislation needs to address public safety and privacy interests of individuals at the same time.

Regardless of the legislature’s actions, personal firearm ownership and the ability to carry a concealed gun will remain a hotly debated topic.  Proponents of the Second Amendment’s right to bear arms will continue to feel as strongly about their rights as their opponents do about the need for tougher gun laws.  Discourse and disagreement go hand-in-hand with gun control.

– Kathleen Joyce
Director of Government Relations
Boston Bar Association