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From the Radio Free Michigan archives
ftp://141.209.3.26/pub/patriot
If you have any other files you'd like to contribute, e-mail them to
bj496@Cleveland.Freenet.Edu.
------------------------------------------------
FIREARMS, HUNTING & TRAPPING:
Facts and Positions
Stephen B. Jeffries
(Extensive information contained herein was extracted from FACT Sheets
prepared by Gun Owners' Action League.
Mr. Jeffries wishes to publicly acknowledge the inestimable contribution
of GOAL as the original source of much
of the below listed text and information.)
CONTENTS
PRIVATE OWNERSHIP OF FIREARMS . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 1
Who owns firearms?: . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 1
Scholarly opinion: Guns do not cause crime: . . . . . . . . .
. . . . . . . . . . . . . . . 1
Public opinion polls: Americans support gun ownership:. . . .
. . . . . . . . . . . . . . . 1
Police view: licensed gun owners can deter crime: . . . . . .
. . . . . . . . . . . . . . . 1
Private firearms ownership in Massachusetts:. . . . . . . . .
. . . . . . . . . . . . . . . 2
WAITING PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 2
Would a 7 day "waiting period" have stopped John Hinckley?: .
. . . . . . . . . . . . . . . 2
Would a "waiting" or "cooling-off period" reduce crimes of
passion?: . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 2
Would a "waiting period" reduce suicide rates?: . . . . . . .
. . . . . . . . . . . . . . . 2
Would a "waiting period" keep guns out of the wrong hands?: .
. . . . . . . . . . . . . . . 2
Do states with "waiting periods" have lower crime rates?: . .
. . . . . . . . . . . . . . . 3
Would a "waiting period" reduce the number of guns used in
crimes?:. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 3
Would a "waiting period" reduce violent crime?: . . . . . . .
. . . . . . . . . . . . . . . 3
How would a "waiting period" affect law-abiding gun owners?:.
. . . . . . . . . . . . . . . 3
Is there an alternative to "waiting periods"?:. . . . . . . .
. . . . . . . . . . . . . . . 4
ASSAULT RIFLES. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 4
What is an "Assault Rifle?":. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 4
What is Meant by a Semi-Automatic Rifle or Shotgun?:. . . . .
. . . . . . . . . . . . . . . 5
What kind of license is required for a semi-automatic gun?: .
. . . . . . . . . . . . . . . 5
Definition of an automatic firearm: . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 5
What is required to lawfully possess a full automatic?: . . .
. . . . . . . . . . . . . . . 5
How would an "Assault Rifles" Ban have affected the Stockton,
California tragedy?:. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 5
What are some purposes for which "Assault Rifles" are used?:.
. . . . . . . . . . . . . . . 6
What about Conversion to an Automatic Firearm?: . . . . . . .
. . . . . . . . . . . . . . . 6
RESTRICTED LICENSES . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 7
Background: . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 7
What affect did this ruling have on licensed gun owners?: . .
. . . . . . . . . . . . . . . 7
Has the legislature clarified its intent?:. . . . . . . . . .
. . . . . . . . . . . . . . . 7
Are restricted licenses still a problem?: . . . . . . . . . .
. . . . . . . . . . . . . . . 7
What are examples of "restricted" licenses?:. . . . . . . . .
. . . . . . . . . . . . . . . 8
How are "restricted" licenses issued?:. . . . . . . . . . . .
. . . . . . . . . . . . . . . 8
What would happen if licenses were "unrestricted"?: . . . . .
. . . . . . . . . . . . . . . 8
Other problems with "restricted" licenses:. . . . . . . . . .
. . . . . . . . . . . . . . . 8
This policy seems extremely unfair. Is there anything that can
be done?:.... . . . . . . . . 8
HUNTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 9
Is hunting a safe sport?: . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 9
How is hunting regulated?:. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 9
What do sportsmen do to help wildlife?: . . . . . . . . . . .
. . . . . . . . . . . . . . . 9
What would be the effect if hunting were to be banned?: . . .
. . . . . . . . . . . . . . . 9
TRAPPING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 10
How is trapping regulated in Massachusetts?:. . . . . . . . .
. . . . . . . . . . . . . . . 10
Where are traps set?: . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 10
Are leghold traps a "vicious" way of trapping an animal?: . .
. . . . . . . . . . . . . . . 10
What is the purpose of trapping?: . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 10
What kinds of animals are trapped?: . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 10
MANDATORY TRAINING AND TESTING. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 11
What is Massachusetts' firearms accident rate?: . . . . . . .
. . . . . . . . . . . . . . . 11
Would a mandatory program affect the accident rate?:. . . . .
. . . . . . . . . . . . . . . 11
How would a mandatory training and testing program be run?: .
. . . . . . . . . . . . . . . 11
How much would it cost to create a mandatory training program?:
. . . . . . . . . . . . . . 11
Has the state legislature voted on this issue?: . . . . . . .
. . . . . . . . . . . . . . . 11
Is there an alternative program?: . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 11
SNUB-NOSED HANDGUNS . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 12
What is a "snub-nosed" handgun?:. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 12
Are "snubbie's" used for legitimate sporting purposes?: . . .
. . . . . . . . . . . . . . . 12
Is the "snub-nosed" handgun the criminal's choice?: . . . . .
. . . . . . . . . . . . . . . 12
Are "snub-nosed" handguns cheap to buy?:. . . . . . . . . . .
. . . . . . . . . . . . . . . 12
Who owns "snub-nosed" handguns?:. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 12
PLASTIC GUNS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 13
What are plastic guns and who manufactures them?: . . . . . .
. . . . . . . . . . . . . . . 13
Do any guns have plastic parts?:. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 13
What do experts say about plastic guns?:. . . . . . . . . . .
. . . . . . . . . . . . . . . 13
Is there evidence that the Glock 17 can bypass security?: . .
. . . . . . . . . . . . . . . 13
Is there a problem with America's airport security?:. . . . .
. . . . . . . . . . . . . . . 13
Who owns firearms?:
In 1986, Texas A & M University released a nationwide survey conducted
by professors William Pride and O. C. Ferrell which found that higher-
income whites with some college education are those most likely to own
handguns, and that 35-40% of these handgun owners are female.
In 1989, The Message, a monthly newspaper for pro-active gun owners,
surveyed its Massachusetts readers. The survey results showed that
Massachusetts gun owners are well represented in many professions:
executive level management, service oriented jobs, education, health and
human services, and sales. Over 40% of the households surveyed had an
income of more than 45,000 per year. 78% of those surveyed stated they
owned or carried a firearm for self-protection.
Scholarly opinion: Guns do not cause crime:
In 1981, the U.S. Department of Justice, National Institute of Justice
released a quarter-million dollar study, Weapons Crime and Violence in
America, conducted by research sociologists James D. Wright and Peter
H. Rossi of the University of Massachusetts at Amherst. The report
concluded that there appeared to be "no strong causal connections
between private gun ownership and the crime rate."
Public opinion polls: Americans support gun ownership:
An April 6, 1981 Lou Harris poll showed 52% of Americans maintain: "Gun
control does not get at the heart of solving violent crime."
A May 1981 poll by Glamour magazine revealed 68% of its readership think
handguns should not be banned, and 53% believe people need handguns to
protect themselves. (12% were undecided).
An October 1981 American
Druggist poll showed over 90% of its readership oppose firearms
restrictions for law abiding citizens; 80% own guns; and 20% have
successfully used guns for self-protection.
A June 24, 1982 George Gallup poll revealed 54% of Americans believe it
should be legal for individuals other than police to own handguns.
In a readers poll conducted by People magazine after the 1985 Bernie
Goetz incident, 56% felt Goetz was justified in his actions and 87% felt
they had the right to be armed with a handgun for self-defense.
In November 1976, Massachusetts defeated a referendum to ban private
firearms ownership by a vote of 69% to 31%.
Police view: licensed gun owners can deter crime:
Crime Control Research Project
of Bellevue, Washington polled police and found 64% believe that an
armed citizenry deters crime.
In 1986, the National
Association of Chiefs of Police and the American Federation of Police
conducted a poll of their members and found: 96% did not think banning
civilian ownership of firearms would reduce crime or keep criminals from
getting guns; 98% believed citizens had the right to own and use
firearms for protection; and 89% did not believe gun control laws had
any effect on criminals.
In 1989, the National Association of Chiefs of Police surveyed command
officers from across the country. 90% did not believe that the banning
of firearms (handguns, shotguns or rifles) would reduce the ability of
criminals to obtain such weapons. 87.6% did not believe that the banning
of private ownership of firearms would result in fewer crimes from
firearms.
Private firearms ownership in Massachusetts:
From 1977 to 1984, the number of Licenses to Carry Firearms (handgun
permits) tripled, while the crime rate decreased, in some areas by as
much as 15.9%.
There are currently 2 million licensed gun owners in Massachusetts.
According to the Department of Public Safety, an infinitely small number
of them ever come into conflict with any state law, be it traffic or
firearms laws.
There are more than 500 sportsmen's clubs across Massachusetts.
Competitive shooters participate in organized matched, some hoping to
join the U.S. Olympic Shooting Team -- the team with the most Gold
Medals won for America.
WAITING PERIODS
Would a 7 day "waiting period" have stopped John Hinckley?:
No. Hinckley purchased the gun
he used in the Reagan assassination attempt six months prior to
committing the crime. Further, Hinckley had other handguns at his
disposal, guns which he purchased under California's 15 day "waiting
period".
Would a "waiting" or "cooling-off period" reduce crimes of passion?:
No. According to the FBI, most of these types of homicides occur between
10 PM and 3 AM -- long after gun stores are closed. This negates the
argument that people "run out to buy a handgun", then commit a homicide
with it.
A Kansas City study on domestic homicides found that in 50% of these
cases, police had been summoned to the home at least five times, and in
90% of the cases, police had been summoned at least once. The solution
to this problem is not a "waiting period" for gun purchases. Law
enforcement must have a more serious attitude concerning domestic
violence.
Would a "waiting period" reduce suicide rates?:
No. The Center for Disease Control (CDC) stated in April 1985 that
"waiting periods have no effect on suicides."
Would a "waiting period" keep guns out of the wrong hands?:
No. Some assert that New Jersey's "waiting period" for gun purchases
"caught 33,000 criminals" attempting to obtain permits to purchase
handguns. However, the majority of these rejections were not based on
criminal records. Further, the figure cited includes rejections of
separate "permits to carry concealed," which are regularly denied to
honest citizens with no criminal record.
As Willis Booth, a former chief of police and lobbyist for the Florida
Police Chiefs Association stated: "I think any working policeman will
tell you that the crooks already have guns. If a criminal fills out an
application... he's the biggest, dumbest crook I've ever seen."
Additionally, research
indicates that "waiting periods" have no effect on criminals: 1) A study
reported in Annals of the American Academy of Political Science in May
1981 found that "most felons and other ineligibles who obtain guns do
so not because the state's screening system fails to discern their
criminal record, but rather because these people find ways of
circumventing the screening system entirely"; 2) A Justice Department
study released in October 1985 demonstrated that convicted felons'
primary mode of obtaining guns is theft; 3) A study from the University
of Massachusetts, funded by the Justice Department, found that criminals
get guns from other criminals.
Neither a "waiting period" nor
any other additional restriction on the lawful purchase of firearms
would affect criminals, since they don't abide by the law.
Do states with "waiting periods" have lower crime rates?:
No. Research has not found any evidence of lower crime rates in the 16
states with " waiting periods". In fact FBI statistics show the
opposite to be true: States with "waiting periods" are those with the
greatest increases in homicide and violent crime rates. For example,
California's homicide rate increased 126% as the state increased its
"waiting period" from 48 hours to five days to 15 days. During this
period, the national homicide rate rose by less than half that amount.
Would a "waiting period" reduce the number of guns used in crimes?:
No. "waiting periods" assume it is primarily newly purchased guns that
are used in crime, since criminals don't have to "wait" to use guns they
already possess. POLICE FOUNDATION's 1977 study, Firearms Abuse found
that only 2.1% of all handguns traced to crime were less than one month
old -- which is four times as long as the proposed "waiting period".
Thus, more than 98% of handguns used in crime are not newly purchased
guns, and therefore would not be affected by any "waiting period".
Would a "waiting period" reduce violent crime?:
No. Like all other laws, a "waiting period" law would only affect those
people who abide by the law; by definition that excludes criminals.
According to FBI statistics, 80% of violent crimes are committed by
career criminals, and 30-35% of robberies and murders are committed by
people who are on some form of conditional release ... bail, parole,
probation or suspended sentence. There is no doubt we must address the
issue of violent crime and those who commit it, but "waiting periods"
would have no effect on either.
How would a "waiting period" affect law-abiding gun owners?:
A "waiting period" would infringe upon the law abiding citizens' right
to purchase personal property and take possession of it when he/she
wishes. For example, a law abiding gun owner would have to wait seven
days before taking possession of every gun he/she purchased lawfully,
even if bought only one day apart. Further, buying guns legally
requires the government to approve the purchase; if John Doe were
criminally minded, he wouldn't be buying guns legally in the first place
-- as research already cited indicates. He would be getting guns from
illegal sources and/or could use firearms he already possessed to commit
a crime.
Additionally, a "waiting
period" can endanger the safety of law abiding citizens: 1) In July 1985
a California woman who was being terrorized by her neighbor had to
endure 15 additional days of torture before she was allowed to bring
home the gun she subsequently used in self-defense against her attacker;
2) Potential victims of the so-called California "Night Stalker" were
reportedly upset at having to wait 15 days to protect themselves: 3)
During the Liberty City riots in Dade County, Florida, law enforcement
leaders publicly informed citizens that they could not protect them so
citizens would have to protect themselves -- but a county "waiting
period" thwarted the attempts of law abiding citizens who wanted to
purchase handguns for self - protection.
Is there an alternative to "waiting periods"?:
Yes. For every 500 serious crimes, only 20 adults and five juveniles
serve any time in jail. Simple logic dictates that crime will continue
until criminals are taken off the streets. America's criminal justice
system must be held accountable for this public safety failure and
strengthened so that it serves the interest of law-abiding -- rather
than law-breaking -- citizens.
ASSAULT RIFLES
What is an "Assault Rifle?":
According to the Department of Defense "assault rifles" are "short,
compact, selective-fire weapons that fire a cartridge intermediate in
power between sub-machinegun and rifle cartridges." Their characterized
distinction is based on weight, to a lesser degree, power and the
immediate ability by virtue of a selector switch to fire fully
automatic. As such they are already regulated under the National
Firearms Act of 1934.
What is Meant by a Semi-Automatic Rifle or Shotgun?:
There are essentially seven methods of modern rifle mechanisms: bolt
action, lever action, slide action, single shot breech action, falling
block rifles and shotguns, semi-automatic and fully-automatic.
A semi-automatic rifle or
shotgun is one that requires a person to pull the trigger for each
individual shot to be fired. A semi-automatic places a new round in the
chamber by use of the expanding gasses of the previously fired round,
but the person must still pull the trigger (again) for this round to be
discharged. The semi-automatic action is merely a convenience to the
shooter and has no effect on the caliber of the cartridge, the gun's
power, or its accuracy.
Here are some common examples of semi-automatic rifles and shotguns: All
civilian production of Browning, Colt, Remington, and Ruger rifles
except bolt-actions; U.S. surplus rifles including M1, M1 Carbine,
GR43, AK47, FN49, Haekame, Rashid and SKS; all Browning, Remington,
Mossberg and Winchester shotguns except slide action, breech action or
over and under type. The average cost of these firearms is $500.00,
with many selling for over $1,000.00 and at least one model, the Heckler
and Koch PSG 1 Marksman, selling for $8,599.00.
What kind of license is required for a semi-automatic gun?:
Mere possession of a semi-automatic rifle or shotgun in Massachusetts
has required licensing since 1969. Violation is punishable by a
mandatory one to five years in prison. The licensing procedure requires
a criminal records check. In the case of pistols, revolvers or semi-
automatic handguns, the licensing procedure also includes fingerprinting
and the applicant must have no felonies and no history of drug or
alcohol abuse or mental instability. Prior to 1969, no license was
required for lawful possession of semi-automatic rifles or shotguns.
The law regarding handguns, including semiautomatic handguns, has been
in effect since 1906.
Definition of an automatic firearm:
An fully-automatic firearm or machinegun, as defined under the National
Firearms Act of 1934 is "any weapon which shoots, is designed to shoot,
or can be readily restored to shoot, automatically more than one shot
without manual reloading by a single function of the trigger. The term
shall also include the frame or receiver of any such weapon, any part
designed and intended solely and exclusively, or combination of parts
designed and intended, for use in converting a weapon into a machinegun,
and any combination of parts from which a machinegun can be assembled
if such parts are in the possession or under the control of a person."
What is required to lawfully possess a full automatic?:
Federal law prohibits the
transfer and possession of any such fully automatic firearm, which
includes an AK-47, not lawfully possessed prior to May 19, 1986. Those
held prior to that date may be transferred to individuals licensed to
possess same who, for each gun purchased, pass a federal record check
(which usually takes 90 days), pay a $200.00 transfer tax, are finger
printed and secure a sign-off from their local police. In
Massachusetts, there is also a requirement for a separate state license
issued at the discretion of the police chief.
How would an "Assault Rifles" Ban have affected the Stockton, California
tragedy?:
Patrick Edward Purdy, the
murderer of five school children, had been arrested for the following
offenses during the ten year period before the event: possession of
drugs, possession of dangerous weapons, sex offenses, attempted robbery,
extortion, receiving stolen property, conspiracy and resisting arrest.
On the day of the massacre,
Purdy would have been incarcerated were it not for the failing criminal
justice system which allowed Purdy to plea bargain in every case to
misdemeanor offenses. Additionally, in April 1987 mental health workers
in a formal report classified Purdy as "a danger to himself and others"
-- grounds for psychiatric commitment which never occurred.
It is proper enforcement of existing laws, not enactment of new ones,
that would have prevented this tragedy. (The same problem occurred in
January 1981 when John Hinckley was caught trying to smuggle a gun onto
a plane but was set free a few days later.)
Most proposals to ban "assault weapons" contain language that would
allow a board or commission to "create a roster" of newly described
"assault weapons." But all proposals we have seen affect only those
persons who are already in lawful possession of a semiautomatic firearm,
with no provisions for punishment of those who possess them or use them
illegally.
What are some purposes for which "Assault Rifles" are used?:
Even if we are talking about
the "new" or "proposed" definition of "assault rifles", which include
60% of the semi-automatic guns in production, there are legitimate uses
in hunting for both long guns (rifles and shotguns) and handguns.
Semi-automatic shotguns were originally developed for bird hunting and
semi-automatic rifles today are used for many types of hunting,
including the taking of big game such as deer, elk, caribou, moose and
grizzly. Semiautomatic firearms are also currently used in competitive
shooting, dominating the Service Rifle Class of national, international
and Olympic shooting.
Using the Department of Defense definition, it is generally true that
a machinegun would not be commonly used as a hunting rifle. Placed in
the semi-automatic mode, such a gun would certainly be capable of taking
game. However, the law does not allow full automatic guns to be used
in hunting.
What about Conversion to an Automatic Firearm?:
BATF Deputy Associate Director Edward D. Conroy in testimony before
Congress said "the AKS (the semi-automatic version of the AK47) is
difficult to convert [to full automatic] requiring additional parts and
some machinery..." One police officer said it could take several hours
even with the parts and equipment needed to make such a conversion.
We respectfully withhold the
details of why conversion is not easy in the interest of public safety
. But even if it were "easy" to convert a semi-automatic firearm into
an automatic one, the penalty is life in prison. Only substitution of
the death penalty for life in prison could provide increased deterrence.
RESTRICTED LICENSES
Background:
On June 11, 1984, the Massachusetts State Appeals Court ruled that
Licenses to Carry Firearms can be -- but do not have to be --
"restricted" according to the reason for issuance shown on the back of
the license. The court further ruled that the issuing authority might
place restrictions on the reason for issuance. (See Glen D. Ruggiero v
Police Commissioner of Boston, 1984). However, the State Appeals Court
admitted the law was vague, and recommended that the legislature clarify
its intent.
What affect did this ruling have on licensed gun owners?:
Individual police
interpretation of licenses became a more exaggerated problem when,
immediately following the 1984 ruling, Middlesex District Attorney Scott
Harshbarger circulated a memorandum to police urging them to severely
"restrict" licenses.
Most importantly, the court specifically stated that it was possible for
a person, found to be in violation of their "reason for issuance," to
be ruled to be in illegal possession of a gun. The punishment for
illegal carrying under state law is Bartley-Fox's mandatory 1-5 years
in jail. (see the section on new laws below).
The first persons to be caught under this ruling were two Wells Fargo
guards in Springfield, who were arrested in 1985, even though they held
valid (i.e. unexpired) Licenses to Carry Firearms. In other cases,
persons with valid licenses have actually been convicted of unlicensed
firearms felonies.
Has the legislature clarified its intent?:
Yes. As of January 2, 1991, a person with a License to Carry Firearms
is exempt from the state's Bartley Fox law. However, during the more
than six years it took for the legislature to clarify this ruling, more
than one licensed gun owner was convicted of the illegal carrying of a
firearm.
Are restricted licenses still a problem?:
Yes. The new law did not
change how licenses are issued, and thus did not prohibit a police chief
from arbitrarily deciding what the "reason for issuance" shall be. A
license holder, in possession of a firearm, could have their license to
carry firearms revoked if the chief felt they were not carrying in
compliance with the "reason for issuance."
Since each licensing authority has his or her own criteria for license
"restrictions," there are no written definitions of what may be covered.
In some cities and towns, an individual with a "protection" license may
carry anytime; in other areas, the license is linked to employment and
limited to regular business hours.
This can cause serious
problems. Although a licensee could be carrying in compliance with the
information given him by his or her own issuing authority, they may be
travelling into another jurisdiction which has contradictory policies
with regard to what may be allowed under the "reason for issuance."
Thus, license restrictions raise a lot of questions. For example, can
a licensed private investigator carry after business hours, when he is
most vulnerable to the persons he is investigating? Can a "target and
hunting" licensee stop on the way home from the gun club to buy a quart
of milk at the store? If a woman with a "sporting" license receives
threats, does she have to re-apply for a new license before carrying the
firearm on her person on a regular basis?
What are examples of "restricted" licenses?:
Since 1984, some licensing authorities (usually the police chief) have
adopted a policy of issuing "restricted" licenses. The most common
phrase is "Restricted to target and hunting". Some communities do issue
licenses for "protection" but limit those to "for employment only".
How are "restricted" licenses issued?:
Authorities who issue
"restricted" licenses prefer to use the applicant's means of gainful
employment as the criteria to decide which license they will be issued.
Of the authorities issuing "restricted" licenses, many issue
"protection" licenses exclusively to "special" police officers, security
guards, detectives, investigators, business proprietors, professional
people or their employees who are responsible for large sums of money,
payrolls or bank deposits or for the transportation of very valuable
merchandise."
Applicants who do not meet the employment criteria, receive licenses
issued for "target and hunting". Usually the issuing authority requires
them to prove membership in a bona-fide gun club (average cost of
membership $65.00).
Neither state statute nor case law mandates that a firearm be carried
in a certain manner (concealed or unconcealed) regardless of the reason
for issuance. But some jurisdictions insist they have the right to
impose such restrictions.
What would happen if licenses were "unrestricted"?:
From the time licensing began,
in 1906, through 1984 all licenses were unrestricted. During this time,
firearms licensees proved themselves to be law abiding and responsible.
The Department of Public Safety states that only an infinitesimally
small number of licensees ever come into conflict with any law -- from
jaywalking to firearms regulations.
Further, Massachusetts'
firearms accident rate is well below the national average, and listed
last of all categories of accidental death in Massachusetts. Thus,
there would be no threat to public safety if all licenses again became
"unrestricted".
Other problems with "restricted" licenses:
Simple generalized phrases like "protection" and "target and hunting"
do not indicate what other actions law abiding gun owners may do. If
the police look only at the exact wording of the "reason for issuance"
shown, it could cause a lot of confusion. For example, can a
"protection" licensee practice at a target range? What about trips to
the gunsmith for repair, or a gun show for exhibit or appraisal, or to
a friend's house to sell the firearm?
This policy seems extremely unfair. Is there anything that can be
done?:
In some cities and towns,
however, the police chiefs have taken steps to ensure that citizens are
not entrapped by this court decision by issuing Licenses to Carry
Firearms with the reason for issuance of "For All Lawful Purposes."
As a last resort, one always
has the option to sue. The sad fact is, however, that an uncontested
appeal in District Court costs an average of $1,500.00, well beyond the
financial reach of most citizens. HUNTING
Is hunting a safe sport?:
To teach prospective hunters various aspects of the sport, Massachusetts
offers a free hunter safety program to all interested adults, and
requires minors who wish to purchase a hunting license to take the
course.
By law, any hunting-related accident must be reported to the state. In
a recent letter, Allan L. McGroary, Director of the Division of Law
Enforcement, stated "State statistics do not support the elimination of
local hunting based on the possibility of personal injury."
How is hunting regulated?:
Massachusetts General Laws
place restrictions on where people may hunt; the Division of Fisheries
and Wildlife places strict controls on when hunting is allowed. No
endangered species in Massachusetts are threatened by hunting.
Individuals may post their land against hunters and target shooters.
Massachusetts General Law prohibits: trespassing on land with firearms
and the discharge of firearms within 500 feet of a dwelling or within
150 feet of a state or hard surfaced highway.
What do sportsmen do to help wildlife?:
As in many other states, any
one who wishes to hunt, fish or trap in Massachusetts must purchase a
license. The monies from these licenses goes into a dedicated fund used
solely for the state's wildlife programs. Therefore, further
restricting, limiting or banning hunting would deplete the greatest
source of conservation revenue.
The Pittman-Robertson Act
levied a 11% federal tax on the sales of all rifles, shotguns and
ammunition as well as a 10% federal tax on handguns. This money is
distributed back to the states, reimbursing them for a some of the costs
of wildlife, hunter education and range development programs.
In addition to hunting, sporting, fishing and trapping licenses, both
federal and state law require the purchase of a special duck "stamp".
Monies from the sale of these stamps go directly towards purchasing and
preserving duck habitat.
The law also requires license buyers to purchase a special "land stamp".
Monies from these stamps are placed in a dedicated fund, used to acquire
and preserve valuable wildlife habitat.
The biggest threat to wildlife is not hunting, but habitat destruction.
US Fish & Wildlife Chief John Turner said "The real tragedy [for
wildlife] is pollution, pesticides, urbanization, deforestation,
hazardous waste, lack of water and wet land destruction."
What would be the effect if hunting were to be banned?:
Sportsmen spend $364,695,300. annually on hunting and fishing licenses,
duck stamps, and related travel and equipment purchases in Massachusetts
every year. A ban on hunting would remove the major source of income
(sale of hunting and sporting licenses), causing a devastating effect
on game and non-game programs in the state.
TRAPPING
How is trapping regulated in Massachusetts?:
The Division of Fisheries and Wildlife oversees trapping regulations and
seasons.
Trapping in Massachusetts is highly regulated. Each trap has a
"permanently embedded" registration number. Each individual trap and
its owner, is registered with the state. By law, traps must be checked
every 24 hours.
Where are traps set?:
Traps can only be set under a building, in a building, or under water.
The building must be on land owned, leased, or rented by the trapper.
Traps are not set near playgrounds, and places where children play.
State law prohibits trapping "in a public way, cart road, or path
commonly used by humans or domestic animals."
Mr. J. Hibbard Robertson,
Senior Vice President of Woodstream Corporation, a major trap
manufacturer said "In the almost fifteen years I have been associated
with the trap business, I do not recall a single incident where anyone
has approached us and claimed injury to a child."
Are leghold traps a "vicious" way of trapping an animal?:
Leghold traps are not "cruel" and cannot "chop off' an animal's leg.
After being trapped, animals are often found resting or sleeping and can
be released unharmed if desired. "A Michigan study discredits the
charge that leghold traps cause undue suffering or injury." Other
studies have shown that permanent leg or foot damage to the fragile
boned red and gray foxes occur in less than 1% of the animals so
trapped.
What is the purpose of trapping?:
Trapping is the most effective and humane method for controlling animal
populations in densely populated areas. To quote from the NY State
Department of Environmental Conservation, "Sound management of fur
bearing animals requires the use of traps... Sarcoptic mange, canine
distemper, rabies and malnutrition are generally far less humane."
Leghold traps are recognized, accepted and endorsed by the conservation
community. Wildlife experts agree that leghold traps are an essential
and necessary tool in the proper and wise management of fur bearers and
predators. The Center for Disease Control has stated it believes
"trapping can help in managing animal populations to prevent
overpopulation and thus reduce the potential for disease outbreaks."
What kinds of animals are trapped?:
No endangered species is threatened by leghold traps, or any kind of
trapping.
Farmers across the state rely
on trapping to control animals that damage their crops. Raccoons may
look "cute", but each year they do extensive crop damage and they can
carry rabies, and roundworm (a parasite that is dangerous to humans).
Trapping is used to control the state's raccoon population.
MANDATORY TRAINING AND TESTING
What is Massachusetts' firearms accident rate?:
The Massachusetts Bureau of
Vital Statistics and Records lists eight categories of accidental death
from the highest (#1) to the lowest (#8). Firearms-related accidents
are #8 -- last on the list. The firearms category includes civilian as
well as police and military accidents. (For comparison, the firearms
accidents are only 3% of the #1 category -- automobiles.)
Would a mandatory program affect the accident rate?:
No. Rhode Island instituted a mandatory training and testing program in
1980 and spent over $245,000 of taxpayer's money on the program in the
first five years. Prior to implementation, Rhode Island's average
annual accidental death rate associated with firearms was 2 incidents.
This rate has remained stable over the seven years of the program,
proving this program has had no effect, beneficial or adverse, on the
accident rate.
From 1975 to 1985, the
Massachusetts population increased by 8%, and the number of licensed gun
owners increased by 35,000-40,000 annually. Total murder by firearms
declined 15% and total firearms accidental deaths declined 33%.
How would a mandatory training and testing program be run?:
If the government were mandated to train and test only 1/3 of firearms
licensees, taxpayers would have to pay for a new agency the size of our
45-million-dollar-a-year Registry of Motor Vehicles. To train and test
all licensees would require taxpayer funding of an agency triple the
Registry's size.
How much would it cost to create a mandatory training program?:
According to a member of
National Rifle Association's Range Development Committee, the least
expensive range to build in order to accommodate this type of training
would be $75,000 for a 2-4 position indoor in an already existing
building. Using the above number, therefore, it would cost the state
approximately $1,188,000 annually, with no evident of a gain in safety
or a decrease in accident rates.
Has the state legislature voted on this issue?:
Yes. The legislature has consistently voted against mandatory training
and testing every time the issue has come before it. The most recent
vote was 103 to 47 in the 1987 session. However, many police
departments have a "policy" of requiring License to Carry Firearms
applicants to take, pay for, and pass a course. It should be noted that
the Greenfield District Court ruled this "requirement" illegal in 1981.
Is there an alternative program?:
Yes. Massachusetts already has a voluntary program involving NRA
Certified Instructors contributing their time, sportsmen's clubs
contributing their facilities, and GOAL referring citizens to courses
all across the state. To taxpayers, the entire program costs nothing.
Best of all, this voluntary program works: Massachusetts' firearms
accident rate is well below the national average.
Massachusetts General Law
Chapter 269, Section 11 requires the Secretary of the Commonwealth to
produce posters about the gun laws, and requires school superintendents
to distribute the poster. However, this is not done. Adherence to this
law, in conjunction with the continuation of our voluntary training and
testing program and the establishment of school "Firearms Safety Days"
(akin to Fire Safety Days), would further enhance Massachusetts already
outstanding firearms safety record.
SNUB-NOSED HANDGUNS
What is a "snub-nosed" handgun?:
Used interchangeably with the terms "snubbie" and "Saturday Night
Special", a "snub-nosed" handgun usually refers to a firearm with a
barrel length of three inches or less. All three terms were coined by
organized anti-gun groups and have been heavily used in the media, but
never by firearms manufacturers. The term "Chief s Special" is also
used because it is the model name of a two-inch barrel handgun that is
carried by many police officers.
Are "snubbie's" used for legitimate sporting purposes?:
Yes. So-called "Snubbie-shoots" take place at many sportsmen's clubs all
across the state. The average snubbie is quite accurate up to 3035
yards -- perfectly adequate for many kinds of target shooting.
Additionally, the FBI reports most criminal attacks take place within
seven feet, making the snubbie a valuable self defense tool.
Is the "snub-nosed" handgun the criminal's choice?:
No. Evidence shows that "the criminal's choice" is any gun he can steal
or make. An exhaustive, federally funded study, Under the Gun: Weapons,
Crime and Violence in America, found that when asked what they would do
if handguns didn't exist, convicted criminals revealed they would cut
down bigger guns and make "sawed-off' shotguns -- both federal offenses
-- to use in crimes.
Are "snub-nosed" handguns cheap to buy?:
No. The following is a list of
the models and retail prices of five handguns with barrel lengths of
three inches or less: Smith & Wesson Model 36 Chief's Special ($338.00),
Smith & Wesson Model 66 Stainless ($404.00), Ruger Speed Six Stainless
($320.00), Ruger Police Service Six (288.00), and Taurus Model 85
($223.00).
Clearly, most "snubbie's"
cannot be lawfully purchased at a low cost. But why should price be a
concern? Under the Gun: Weapons, Crime and Violence in America, found
no proof that less expensive handguns are used more frequently in crime
than more expensive ones. Further, while it is true that higher income
whites with some college education are those most likely to own
handguns, should guns be priced out of reach of law-abiding but less
affluent members of society?
In Restricting Handguns: the Liberal Skeptics Speak Out, author and
civil-rights attorney Don B. Kates points out that prohibitions against
the sale of "cheap" handguns originated in the post Civil war South.
At that time, small pistols selling for 50 or 60 cents became available
to recently emancipated blacks who, if armed, could have posed a threat
to the racist Southern establishment. In Public Interest, author B.
Bruce-Briggs states "It is difficult to escape the conclusion that the
'Saturday Night Special' is emphasized because it is ... being sold to
a particular class of people."
Who owns "snub-nosed" handguns?:
Next to police, the largest category of lawful "snubbie" owners is
women. "Snubbie's" are the perfect size for the average-framed woman,
who prefers to carry a firearm concealed on her person rather than in
a handbag. Because they are easy to handle and compact in size,
"Snubbie's" are also desirable for elderly and the handicapped,
especially those confined to wheelchairs.
PLASTIC GUNS
What are plastic guns and who manufactures them?:
Despite what you may have read, the idea that a new breed of plastic
guns has been developed, capable of bypassing airport security systems,
is a myth. The notion of plastic guns, or "hijacker" or "terrorist
specials" as they have been called, was entirely created by the media.
There are no companies that manufacture guns made entirely of plastic.
Do any guns have plastic parts?:
Most handguns and all long guns have had both metallic and non- metallic
parts for many years. There is no such thing as an all-plastic gun
capable of firing a bullet. The firearm that's been referred to as the
"plastic gun" is the Glock 17, which is 83% metal. It is the standard
issue of the Austrian Army.
What do experts say about plastic guns?:
Federal Aviation Administration (FAA) official Ed Farrar told the
Washington Times "we are not concerned (about the Glock) ... we were
until we made a test." FAA Director of Civil Aviation Security Billie
Vincent testified before a House Subcommittee that the Glock 17 is
easily detected by all airport security systems. He stated that "...
there is no current non-metal firearm which is not reasonably detectable
by present technology and methods in use at our airports today..." The
Bureau of Alcohol, Tobacco and Firearms (BATF) testified in 1986 that
the Glock contains a sufficient amount of metal to be detected by
standard security systems. In fact, the BATF approved the Glock 17's
importation into the United States.
Emanuel Kaphelsohn, President
of Peregrine Corporation, in 1986 testimony, stated that the plastic gun
issue "is a placebo which cannot be expected to have any significant
effect on crime or terrorism, but will serve only to divert attention
and energy from more realistic attempts to improve the security of our
state's airports and public buildings."
Is there evidence that the Glock 17 can bypass security?:
In 1986, syndicated columnist
Jack Anderson claimed that Pentagon security expert Noel Koch twice "got
past" security checks at Washington's National Airport with a dismantled
Glock 17. However, Anderson's column failed to mention that, at that
same time, FBI agents "got past" the same airport security checks with
several full-steel firearms, including a standard issue Colt .45 caliber
handgun and a Beretta 9 mm handgun.
Is there a problem with America's airport security?:
Yes. In 1985, a CBS "60
Minutes" broadcast placed the blame for the poor state of airport
security on bad security administration. They cited human error, lack
of employee training, and lack of employee background checks. CBS
pointed out that even though airport security employees are entrusted
with the most crucial role of airport security, many employees hold
criminal records, are found inebriated on duty, and experience great
discontent causing a high turnover rate for these minimum-wage
positions.
Attempts to abolish something
that does not presently exist, only directs attention away from more
important issues, such as dependable security systems. We should
concentrate our efforts on the resolution of our existing problems
rather than chasing non-issues.
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