Angered by her announcement last week
that her office will step up its enforcement of the state's assault
weapons ban, a bipartisan group of 58 lawmakers sent Attorney General
Maura Healey a letter over the weekend opposing "in the strongest possible terms" her decision and the way she announced it.
Healey
last week announced that she will crack down on enforcement of the
state's 1998 assault weapons ban, specifically focusing on what she
called "copycat" versions or duplicates of firearms banned under that
law.
A
gun qualifies as a forbidden copycat if it is "substantially similar in
construction and configuration" to one of the banned guns or has
interchangeable key parts, according to the enforcement notice.
"For
the last 18 years, the law has been implemented and enforced
consistently, both by your office and your predecessors," the
legislators wrote. "Your new directive, which has been presented by your
office as nothing more than a closing of 'loopholes' in the current
law, appears in fact to be much more than that: the enforcement of a
whole new law that unfairly infringes on the Second Amendment rights of
law-abiding gun owners in Massachusetts."
Healey's
announcement last week "raises far more questions than it answers,"
including why no action has been undertaken by any attorney general to
stop the sale of these "copycat" weapons if they are indeed banned by
the 1998 law, the lawmakers wrote.
"As
our Enforcement Notice made clear, copycat assault weapons are illegal
and have been in Massachusetts since 1998. For far too long, the gun
industry has been allowed to flout our state assault ban," Healey
spokeswoman Jillian Fennimore said in a statement. "Claims that we are
changing the law and taking guns away from law-abiding citizens are
inaccurate and misinformed. Our office will continue to work with the
gun industry, including manufacturers and dealers, so they understand
the law and comply with it."
Led
by House Minority Leader Brad Jones and Senate Minority Leader Bruce
Tarr, the letter was circulated Friday and Saturday for lawmakers'
signatures. All 40 of the Legislature's Republicans signed and 18
Democrats — four in the Senate and 14 in the House — did as well. The
letter was sent to Healey's office over the weekend.
The
letter criticized Healey, too, for the way she went about issuing the
enforcement notice. Jones and other lawmakers said they first heard
about Healey's decision in the media and the next day got an email from
the attorney general's office explaining it.
"We
are particularly concerned that your Enforcement Notice was issued
unilaterally, with very little, if any, advance notice for licensed gun
dealers and lawful gun owners to adequately prepare for this new
interpretation of the 1998 assault weapons law," the elected officials
wrote.
Jones
said Healey's announcement was "clearly in the works" for some time,
citing a press release that featured quotes from members of Congress and
others who would have required advance notice to be able to comment on
the announcement. Leaving the Legislature in the dark has angered even
some Democrats who otherwise support Healey's actions, Jones said.
"She
should have proposed legislation and said, 'Here is the problem, we
want to solve this problem.' We've had attorney generals of her party —
and she's worked in the AG's office — and this wasn't an issue. We had
eight years of a Democratic governor and this wasn't an issue, and we
just did a major gun bill in 2014 and this issue wasn't debated," Jones
told the News Service on Monday. "This seems much more politically
calculated to take advantage of the moment, if you will, of some of the
tragedies that have unfolded nationally or beyond."
If
Healey were to file legislation to address the issue of duplicate or
"copycat" firearms, lawmakers said they would be happy to consider it
and vet it through the committee process.
"We
want to be clear that we are not opposed to revisiting the state's gun
laws periodically to ensure that they are up-to-date and being properly
enforced," legislators wrote in the letter. "However, we believe
strongly that any such review should be accompanied by a rigorous debate
of the Legislature, with full public input, before any changes are made
to ensure that lawful gun owners have a clear understanding of the law
and how it will be enforced."
As
hundreds of gun rights activists rallied outside the State House on
Saturday, Sen. Donald Humason of Westfield and Rep. Marc Lombardo of
Billerica filed legislation to clarify or eliminate the attorney
general's authority to promulgate regulations for the sale of firearms.
Joining
the Legislature's 40 Republicans in signing the letter were Democratic
Sens. Anne Gobi, Jennifer Flanagan, James Timilty and Michael Moore, and
Reps. James Dwyer, Colleen Garry, Brian Mannal, Alan Silvia, Thomas
Golden, Thomas Clater, Jonathan Zlotnick, John Velis, Josh Cutler, James
Arciero, Stephan Hay, Dave Nangle, Paul McMurtry and Stephen Kulik.