U.S. Gun Bill Dies: Central MA Leaders Focus on Enforcement

Friday, April 19, 2013

Tracey C. O'Neill GoLocalWorcester News Contributor

The U.S. Senate voted down President Obama's gun legislation package on Wednesday.

The United States Senate voted down President Obama’s gun control package on Wednesday in a 54-46 vote, just six votes short of the needed 60. Massachusetts Senators Elizabeth Warren and Mo Cowan voted in favor of the bill that would expand and tighten background checks, and the ban of rapid-fire assault weapons.

Massachusetts legislators spoke of the need to enforce the laws in place and create a unified approach to gun safety. Asst. Minority Leader, George N. Peterson, Jr. (R-Distr.9), who has sponsored several firearms bills, proffered a broken system as one factor contributing to gun violence in the Commonwealth.

Strict laws should be enforced

“Massachusetts has a very comprehensive set of laws,” he said. “Unfortunately, we have a miserable track record on enforcement. Our gun related violent crimes have increased over 200 percent according to the Department of Health statistics.”

Violent crime information obtained from the Federal Bureau of Investigations database shows combined violent crime incidents in Worcester at 1800, but does not discern gun crimes. The Department of Health and Human Services information system, Weapon Related Injury Surveillance System reports also combine injuries, grouping gun and sharp instrument cases together.

“Every single firearm in the state of Massachusetts has to be licensed, whether it is purchased through a private party or a dealer. Licensed gun owners are not the issue. We have to start enforcing the laws we have in effect,” said Peterson. “Until we start putting criminals in jail for gun-related crimes we will not change anything. If we are going to return criminals convicted of firearms offenses to the streets, we will be unable to stop them. We have gang members who are in court for serious firearms related crimes who have prior offenses. We let them back on the streets, even though the laws are in place.”

As to whether the legislature has ordered a review of the court records, Peterson was unaware of any prior studies being done.

“We haven’t asked for one in the past,” he said. “We have relied on the statistics from the Department of Health.

State police gun task force recommended

Peterson had two recommendations for reducing gun crimes in the Commonwealth. “First, I’d try to set up a State Police Task Force for gun crimes. The task force would deal only with gun-related crimes - track all of the statistics and gather information from the time of arrest through the outcome. The second is determining who should be prohibited from purchasing firearms. There are 18 categories of prohibited persons, those with violent crimes, domestic violence, felony records and prior convictions. Identify those people and stop them from purchasing guns.”

Peterson has sponsored several firearms related bills, covering a broad range of topics and is supportive of citizens’ right to bear arms.

The Firearms Record Bureau (FRB) maintains a database of licenses issued and records of firearms sales by gun dealers, as well as private transfers of weapons. The FRB is a valuable resource for the public and law enforcement agencies to answer questions regarding the Commonwealth's gun laws. Massachusetts law requires all residents to report any sale or transfer (including gifts) of a weapon within 7 days of the transaction. Massachusetts law also requires all residents to report the acquisition of a weapon within 7 days in certain instances.

Senator Michael O. Moore, (D-Dist. 2), a graduate of the Waltham police department, who served as a law enforcement officer for eighteen years, chose background checks as a precursor to enforcement.

“What do I think about the gun legislation not passing? I think that it’s clear that something has to be done about background checks,” he said. “I believe in the 2nd Amendment. I support the 2nd Amendment, but we should be making sure that people who shouldn’t be in possession of firearms aren’t getting them. We have to focus on prevention before enforcement. The laws have to be enforced without question, but we have to focus on prevention first.”

Uniformity in registration, licensing and enforcement

Moore, Vice Chair of the Joint Committee on Public Safety and Homeland Security, also pointed out that nationally the system lacks uniformity in registration, licensing and enforcement.

“Federally, there should be something in place for the states to follow. There is no consistency. In Massachusetts, even private transactions have to be recorded,” Moore said. “If an individual can cross state lines - go to a state that doesn’t require registration or has weaker regulation, then bring the firearm back into Massachusetts - all of the stringent laws, all of the safeguards we have in place here go out the window. A federal requirement would make the process more fluid and eliminate more unregistered firearms. A federal standard needs to be developed as to waiting periods, an improved federal registration database and specific criteria uniformly is very important. It is important that we do that.”

Moore was also supportive of a collaborative effort on the part of all interest groups, including law enforcement, gun control advocates, owner’s groups, sportsmen, legislators and community organizations.
“We need to have forums and deal with the issues presented by all interest groups, proponents and opponents. There is some common ground that can be found,” Moore said.

The issues included identifying criminal history through background checks and identifying individuals with mental health issues.

“There has to be a balance,” he said. “We don’t want to violate people’s privacy, but we need a process to identify individuals with mental health issues. People who are exercising their right through a legal process should not be penalized. Legal gun owners should not be penalized for the actions of criminals.”

Senator Moore is working with the leadership and a group of legislators to set up a community forum in the Worcester area.

In honor of the Mayors Against Illegal Guns Coalition’s “National Day to Demand Action,” in March, all eleven members of the Massachusetts congressional delegation pledged their support for universal gun background checks as a common sense reform to help end gun violence.

"It is long past time for the Senate to pass common sense gun control measures that will help protect our kids and make our communities safer," said Sen. Warren. "I applaud the leadership of Mayor Menino and Mayors Against Illegal Guns. We can reduce gun violence by requiring background checks, by banning assault weapons, and by collecting better data about gun deaths. A day of action gives us all a chance to reaffirm our commitment to the safety of our children."

“It is our duty to put forward reforms that will protect our children and families from gun violence. I hope to have the opportunity during my short time in Washington to see Congress come together and unite behind smart gun safety measures that can save lives,” said Cowan.

U.S. Congressman James McGovern summarized his thoughts after Wednesday’s vote in a tweet.

“How can 90% of Americans support stronger background checks for guns, yet so many Senators don't agree?”