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As Jim Wallace, the executive director of the Massachusetts-based Gun Owners Action League, earlier predicted, the only chance of overturning this state’s assault-weapons ban lies with the Supreme Court.
He appears right on target.
That’s after Second Amendment and gun-rights advocates, who took Massachusetts to court over an assault weapons ban, suffered another legal setback.
Earlier this month, a federal appeals court ruled the state’s laws constitutional.
Last July, Gov. Maura Healey signed a sweeping gun-reform law that ranged from the assault-weapon ban, to limiting buildings in which people can carry, to cracking down on ghost guns.
That legislation approved new strategies for combating those so-called ghost guns, expanded the red-flag law that allows a court to take guns away from someone considered a threat to themselves or others, and added schools, polling places and government buildings to the list of areas where state law forbids people from carrying firearms.
Previously, state residents could acquire a firearms license at 18 years old, which allowed them to purchase semi-automatic rifles. The bill Healey signed requires a license to carry — only available to those 21 and older — to buy a semi-automatic rifle.
“Massachusetts is proud of our strong gun laws, but there is always more work to be done to keep our communities safe from violence. This legislation updates our firearms laws in response to the Supreme Court’s misguided Bruen decision,” Healey stated in signing the law.
The high court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen struck down certain licensing conditions in New York State and elsewhere, including Massachusetts.
The National Rifle Association and other pro-Second Amendment groups, including the National Association for Gun Rights, a Colorado-based group whose website boasts 4.5 million members, have been fighting this law ever since, claiming it unconstitutionally denies Massachusetts citizens the right to bear arms.
One of the most high-profile lawsuits, dealing with the assault weapons ban on AR-15s and other semi-automatic guns, worked its way up the judicial ladder.
And last week, the 1st U.S. Circuit Court of Appeals, which comprises the districts of Maine, Massachusetts, New Hampshire, Puerto Rico and Rhode Island, ruled the law acceptable and consistent with the nation’s history of firearms regulation.
Assault weapons are currently banned in 10 states — California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York and Washington — as well as the District of Columbia.
Following this decision, spokespeople for the NRA said the court is making a mistake, and that their ruling is inconsistent with recent state and federal precedent.
The Bay State’s attorney general disagrees, pointing to other precedents and calling the ruling a win.
“Massachusetts has some of the strongest common-sense gun laws in the country, and we know they are effective in ensuring our communities, especially our children, remain safe,” said AG Andrea Campbell.
Campbell called the Appeal Court’s decision a “tremendous victory,” and since the law’s passage, the governor has insisted that it will stand up to any legal challenge.
The ruling doesn’t end the case, but it means that the weapons ban will stay in place while it proceeds –- perhaps all the way to the conservative-majority Supreme Court.
Get your last-minute outdoor burning done
If you plan to do any burning outdoors, you’d better hurry.
Open burning season, which allows for the regulated disposal of brush and other approved materials, ends in Massachusetts on May 1.
“Open burning is limited to protect public health and public safety,” said MassDEP Commissioner Bonnie Heiple. “The governing laws and regulations are in place to reduce air pollution, property damage, and personal injury.”
Added Chief Fire Warden David Celino: “… Please don’t risk a fire that puts you, your home, or your community at risk. Burn only approved materials and always get a permit from your local fire department first.”
State laws and the Massachusetts Comprehensive Fire Safety Code govern open burning in communities that permit the practice.
Several cities and towns, including Lowell, Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Chicopee, Everett, Fall River, Holyoke, Lawrence, Malden, Medford, New Bedford, Newton, Somerville, Springfield, Waltham, Watertown, West Springfield, and Worcester ban open burning entirely.
And even in communities where it’s allowed, local fire departments may deny a permit or set additional limitations.
There’s also a limit on what qualifies as appropriate material.
They include brush, cane, driftwood, residential forestry debris, fruit tree and bush prunings, raspberry stalks, infected bee hives, trees and brush from agricultural land clearing, and fungus-infected elm wood.
It’s illegal to burn leaves, grass, hay, stumps, tires, household trash, construction materials, demolition debris, or brush, trees, cane, or driftwood from commercial or industrial land clearing.
Those seeking permits should contact their local fire departments or the Mass.gov website for a complete list of acceptable materials.
Open burning can only occur:
• With a permit issued in advance by the local fire department;
• From 10 a.m. to 4 p.m.;
• At least 75 feet from all dwellings and without causing a nuisance;
• As close as possible to the source of material being burned;
• When it won’t cause or contribute to air pollution.
Burning unlawfully or allowing a fire to grow out of control could leave you liable for firefighting costs, fines, or even jail time.
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