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Gun rights advocates would need to collect thousands of signatures to secure a ballot question about repealing the law.
Earlier this summer, Massachusetts Gov. Maura Healey signed into law a major gun bill that cracked down on “ghost guns,” expanded so-called “red flag” laws, and more. Now, gun rights advocates are taking the first steps toward challenging the law. The process could eventually lead to a ballot question going before voters in 2026 about repealing the law.
Members of the Gun Owners’ Action League, the local state affiliate of the National Rifle Association, said this month that they had filed a referendum petition with the office of Secretary of the Commonwealth Bill Galvin. In order to do so, 10 qualified Massachusetts voters had to sign onto the petition.
“Chapter 135 represents the worst attack on civil rights in modern U.S. history,” GOAL said in a statement to Boston.com, referring to the 82-page law.
Certain types of laws are not able to be subject to referendums, and as such the attorney general’s office reviews petitions to determine if they meet constitutional requirements. Galvin referred the petition to Attorney General Andrea Campbell’s office on Aug. 8, asking her to opine on whether it could be the subject of a referendum. Campbell is also required to prepare a summary of the law that would be repealed.
Campbell’s office cannot comment on the ongoing review. As a blanket statement, the attorney general must make a determination based solely on the analysis of the law, without incorporating personal and political ideologies. When reached for comment, Campbell’s office referred Boston.com to the state’s guide on the referendum petition process.
Last week, GOAL said in a release that the group had been contacted by Campbell to solicit input on whether the law could be subject to a referendum. GOAL claimed that Campbell was “trying to find an excuse to deny the petition” and took issue with the fact that she was also seeking input from gun control organizations like Giffords, Everytown, and the Massachusetts Coalition to Prevent Gun Violence.
GOAL accused Campbell of looking for support from these “anti-civil rights groups” and threatened legal action if she were to deny the petition.
“It is confusing that the Attorney General would be seeking opinions from the very people that likely wrote Chapter 135. The AG’s only job right now is to determine if the petition meets Constitutional standards, which it clearly does,” GOAL Executive Director Jim Wallace said in a statement. “Why in the world would the AG need the input of anti-civil rights organizations to interpret a Constitution she is supposed to fully understand and protect?”
Provided that Campbell’s office finds that the law can be subject to a referendum, GOAL and its allies would have until early October to collect tens of thousands of signatures if they hope to see the referendum put before voters.
GOAL is also challenging the law through litigation, vowing to work with other groups to file lawsuits regarding specific pieces of the law. They have already filed a lawsuit in federal court concerning the licensing and training sections of the legislation. This is “only the first salvo in what is to come,” the group said.
The organization has raised a number of concerns, including claims that the law places an undue burden on firearms retailers, does nothing to make sure red flag laws help people found to be suicidal, drastically broadens the definition of “assault style firearms,” and makes it difficult for residents to get new firearms licenses.
The Healey administration hailed the law as the state’s “most significant gun safety legislation in a decade.” It was a response to a 2022 Supreme Court decision that determined that citizens have a right to carry firearms in public for self-defense.
“It cracks down on ghost guns and 3-D printed weapons, which I have long advocated for, enhances our ability to prevent guns from falling into dangerous hands, and invests in our communities to address the root causes of violence. This law will save lives, and I’m grateful to the Legislature and gun safety advocates for their hard work to see this through,” Healey said in a statement last month after signing the bill into law.
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