Robbins Report

A Proposal for Amnesty Period For Unlicensed Gun Owners to Legally Dispose of Guns

Working Draft of Proposed Legislation For Unlicensed Gun Owners
Now being reviewed by State Representatives Atsalis, Perry and Patrick

by Peter Robbins

The appropriateness of laws and the right to bear arms has been examined and reported on throughout the country. This right guaranteed to citizens has broken off into interpretations from various courts as well. Some states have regulations that only require having a driver's license or proof of residency. Regardless, each state has the right to govern and enact laws concerning the storage, right to carry and possession of a firearm.

Proposal for Amnesty Period For Unlicensed Gun Owners to Legally Dispose of Guns

After several inquiries, I have found people, like many of you who may have firearms in their possession, yet are not licensed. Most have been handed down, a great deal just left in the closet or in their cases. Of these citizens, mostly elderly, most were unaware of storage or licensing regulations; others  feared they were breaking the law. In most instances, I guess they were. One lady possessed an M1 carbine with high-capacity magazines with which her husband returned from war. Today in Massachusetts the carbine is referred to as an "Assault Weapon." Is she committing a felony ?

Common practices for some law enforcement agencies are to have them turned in at the local department for destruction or disposition. Some are told to bring them to a local dealer so the weapon can be sold legally through the dealer's books. I am not criticizing either of these practices. However, how is this person legally possessing them at home or legally transporting the firearm during the disposition process ? It poses a safety question as well. When the firearm was last stored, was it stored in a safe condition?

Laws are enacted in each state which govern firearms. Laws are also amended or deleted as circumstances relating to them have changed or simply no longer relative. In my opinion, The Acts of 1998 as they relate to the gun laws within Massachusetts are flawed and should be amended to accommodate special situations. Some 750,000 legally licensed people were never notified of the change in the law. Someone not licensed, now possessing the firearm, wouldn't have been notified regardless.

I have found some of these firearms inherited by family members can be very valuable.

Some are worth thousands of dollars. I'm sure during these difficult economic times, people in the previously described situation could use the proceeds themselves. I have drafted proposed legislation describing a cooperative effort to address this issue. The legislation has been sent in draft form to three local state representatives with favorable responses.

A link to Chapter 180 of the Acts 0f 1998 , Gun Control Act.
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Proposal for Amnesty Period For Unlicensed Gun Owners to Legally Dispose of Guns

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Proposal by Peter Robbins Requesting Appropriate Emergency Legislation

Rational: Massachusetts through the Chapter 180 of the Acts of 1998 substantially changed requirements with respect to FID (Firearms Identification Cards) that enabled a person in possession of a properly issued card to legally possess, purchase or sell a firearm. At the time (1998) it was reported that there were 1,280,643 FID card holders within the Commonwealth. The FID cards were issued by local licensing authorities. The expiration dates were listed as "Indefinite"or "Until revoked" or other descriptions implying they were valid forever.

The 1998 changes in the gun control act, effectively made the previously issued licenses invalid .

New requirements now listed an expiration date for newly issued licenses with an increase in the fee as well as requiring proper training of the holder prior to the issuing by the proper local authority. A 2002 report released by the Commonwealth's House Post & Oversight Committee contained language regarding their findings going on record stating that some 750,000 legal holders of FID cards were not notified in the change in the law.

Understanding that people move and licensing authorities change, the Acts of 1998 Gun Law change created a situation where law-abiding citizens were made criminals by the change in the law itself. Understanding that ignorance of the law is no excuse, failure to notify also falls within the area of concern. No provisions were made for people in possession of firearms that were legally possessed by a spouse or relative who may have passed away or other circumstances where the licensed person was no longer in constructive possession of the firearms.

Many widows, or relatives who were never licensed, through loss of the licensed relative are now in possession of a firearm in violation of the Massachusetts General Laws. If the same person is in possession of a previously legal firearm (high capacity/assault weapon/etc) which are now banned under the 1998 law are now through the constructive possession are committing a felony.

Proposal: Through emergency legislation, an amnesty period should be enacted to enable these people to (1) become legally licensed, or (2) legally dispose of the firearms and receive monetary compensation through a cooperative program. In today's economy, there is no need to ask our citizens to just turn in weapons for destruction. A cooperative effort with police, interested qualified licensed citizens, and recommended licensed gun dealers could initiate a program to make the firearms safe before transporting to a designated repository (ie., a closed armory building). The firearms would be identified, recorded with the name of the person in possession of the firearm. Through this cooperative effort, the weapon would be appraised and made ready for inspection. This effort could be accomplished by regions of the state. Either County by County or district by district as determined by the legislature. At the end of the determine amount of time the firearms would be listed and advertised through the proper legal process and auctioned to properly licensed dealers, collectors or individuals therein creating a record of the firearms that may not have previously existed. Additionally, the participant in the program would be given the proceeds of the sale minus a percentage of the sale to cover expenses incurred. This program would prevent the possibility of weapons illegally making their way into society through crimes against property, and provide a venue to gain monetary gain during a time of financial hardship for the elderly where a significant amount of these weapons are most likely located, some worth thousands of dollars.