House moves to change gun laws

BOSTON — House Democrats on Thursday moved to change the state’s gun licensing laws in response to the U.S. Supreme Court’s recent ruling guaranteeing a constitutional right of people to carry firearms in public places.

A House amendment added to a government bond bill, which was approved by a vote of 120-33, eliminates a provision of state law that allows licensing authorities to deny a someone a gun license if they can’t give a “good reason” to carry a firearm.

But amendment, which emerged only a few hours before House lawmakers voted on it, also upholds the state’s “suitability” standard that gives local police chiefs broad discretion over issuing or denying firearm licenses, while also tightening rules on who should be prohibited from getting a gun license.

Democrats cited mass shootings across the country and argued that while Massachusetts has some of the nation’s toughest gun control laws, the high court’s ruling in the New York State Rifle & Pistol Association v. Bruen case has weakened those protections.

“Today we tighten up the safety-net that the Bruen decision loosened,” said state Rep. Michael Day, D-Stoneham, the bill’s primary sponsor. “We bring our licensing system into full compliance with that decision, and we ensure that our regulatory structure is prepared for future legal challenges that would seek to do further irreparable harm to our state and our communities.”

The bill updates the list of individuals who are prohibited from obtaining a license to carry a firearm to include people with temporary restraining orders. It also requires applicants for licenses to meet personally with a police chief or some other licensing authority for an interview that would determine whether the applicant is suitable for a firearm. It also reduces the term of a license to carry from six to three years.

The proposal would also allow licensing authorities broad power to deny firearm licenses to individuals who “may create a risk to public safety or a risk of danger to self or others.”

The proposal, which is backed by Attorney General Maura Healey, comes in response to a Supreme Court ruling which on June 23 struck down a New York law requiring applicants to show “proper cause” to get a permit to carry a firearm in public for self-defense.

The high court’s conservative majority ruled 6-3 that the New York law violated the Second Amendment, which has prompted reviews of firearm licensing laws in Massachusetts and other states that heavily restrict gun ownership.

House Republicans voted against the changes, arguing that they make it more difficult and costly for law-abiding citizens to exercise their constitutional rights.

“Whether we like it or not, the Second Amendment, the right to bear arms, is a constitutional guarantee — just like voting,” said Rep. Paul Frost, R-Auburn.

Frost said the requirement that police chiefs meet personally with firearm license applicants for an interview will create an “administrative nightmare” for local police departments.

The changes must still be approved by the Democrat-controlled Senate before going to Gov. Charlie Baker’s desk for consideration.

Senate President Karen Spilka, D-Ashland, said she is hoping for “quick passage” of the bill to bring the state into compliance with the ruling “while defending the commonwealth’s gun laws.”

“We plan to review the House’s final proposal and act expeditiously to get a bill to Gov. Baker by the end of this session, and continue our efforts to strengthen our effective gun laws next session,” Spilka said.

Gun owners groups are pushing to roll back the state’s firearm licensing laws in the wake of the Supreme Court ruling. They argue that the state’s “suitability” standard is unconstitutional based on the high court’s decision.

Legislation filed by state Rep. Jeffrey Turco, D-Winthrop — on behalf of the Gun Owners Action League of Massachusetts — calls for eliminating the “suitability” standard and shifting the review process to the state’s licensing system.

But Democratic legislative leaders don’t appear to be interested in taking up Turco’s bill, which is backed by several House Republicans.

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@northofboston.com.