By Bob Katzen
Beacon Hill Roll Call

The 19-member Committee on Public Safety has recommended passage of a bill that would authorize courts to prevent people from owning guns if they are deemed an extreme risk. The proposal gained momentum following February’s school shooting in Parkland, Florida. It gives courts the authority to order an extreme risk protection order that would bar the person from possessing a gun for one year. The court must first find that the person “poses a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, purchasing, possessing, or receiving a firearm.”

In determining whether grounds for an extreme risk protection order exist, the court may consider any relevant evidence including a recent act or threat of violence by person the against himself or herself or others, whether or not such violence or threat of violence involves a firearm; a pattern of acts or threats of violence within the past year; any dangerous mental health issues; a domestic violence conviction; any prior arrest for a felony offense or violent crime; and corroborated evidence of the abuse of controlled substances or alcohol.

“[Polls show] it is abundantly clear that the people want their legislators to create a meaningful mechanism for intervention when a gun owner is determined to pose an extreme risk to themselves or others,” said Janet Goldenberg, Chair of the Massachusetts Coalition to Prevent Gun Violence.  “We look forward to continuing to work with state legislators to move this bill forward to a House vote in the coming weeks.”

“This is exactly the kind of gun legislation that can effectively save lives from preventable daily gun violence and mass shootings,” said John Rosenthal, founder of Stop Handgun Violence. “I applaud the Public Safety Committee and look forward to bipartisan support on the House and Senate floors and with Gov. Baker.”

“After careful examination on the committee level, productive meetings with Speaker DeLeo, survivors of gun violence and hearing from countless individuals across the commonwealth, we feel it is important to report this bill out favorably,” said Rep. Hank Naughton (D-Clinton), Co-chair of Public Safety Committee. “We look forward to continuing to work on this with Speaker DeLeo, House members, and various stakeholders in an effort to keep public safety in the commonwealth a priority.”

The Gun Owners Action League (GOAL), the Massachusetts affiliate of the National Rifle Association (NRA), opposes the measure.

GOAL’s executive director, Jim Wallace said that this type of legislation is “both very cruel to the individual and his/her civil rights and extremely dangerous to the general public.”   He noted that it is “extraordinarily cruel for the law to treat a person who is suicidal or depressed in the same manner as a potential mass murderer.”

Wallace continued, “Local firearm licensing officials in Massachusetts have extraordinary powers to suspend a License to Carry Firearms and confiscate a person’s guns on a moment’s notice … and a process to deal with people that are having mental health problems that might cause them to be a danger to themselves … and can also conduct what is referred to as wellness visits.”

“Seeking to identify potential monsters among us [is something that] GOAL agrees is a worthy task,” Wallace said. “However, if we are identifying people who present such an extreme public safety risk, why are we setting them free, and why are we only taking away their ability to legally own or possess guns?”

The bill now goes on the House agenda and is expected to be up for debate and a vote soon.