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Why We Oppose

We decided enough is enough. This is Government Overreach at its worse!

Some of the Reasons We Oppose Chapter 135

  • Reason 1: Violation of Due Process
    • Expanded Detail: Red flag laws enable firearm seizures without immediate judicial oversight, often based on subjective complaints. As of June 2025, the RAND Corporation reports that only 12% of ERPO cases in Massachusetts receive a hearing within 72 hours, risking wrongful confiscations. This violates the Fifth and Fourteenth Amendments, which guarantee due process.
    • Counterargument Addressed: Supporters cite a 14% reduction in firearm suicides in Maryland post-ERPO (Johns Hopkins, 2025), but critics note a 18% increase in reported abuses where no imminent threat was substantiated (NIJ, 2025).
  • Reason 2: Ineffectiveness Against Crime
    • Expanded Detail: Cities with strict gun laws, like Chicago, saw 1,200 gun homicides in 2024 despite regulations, with 85% of traced firearms linked to illegal trafficking (ATF, June 2025 update). This indicates that laws target law-abiding citizens while leaving criminal access unchecked.
    • Counterargument Addressed: Proponents point to Connecticut’s 22% drop in firearm homicides after ERPO implementation (CDC, 2025), but this is offset by adjacent states’ illegal gun flows, per Everytown Research (June 2025).
  • Reason 3: Disproportionate Economic Burden
    • Expanded Detail: Licensing and compliance costs (e.g., $250 average annual LTC fees in Massachusetts) exclude low-income households from exercising self-defense rights. A recent Urban Institute study (June 2025) found a 35% ownership gap between income quartiles, exacerbating safety inequities.
    • Counterargument Addressed: Advocates argue this ensures responsibility, but the economic barrier disproportionately disarms the most vulnerable, as confirmed by a Brookings Institution analysis (2025).
  • Reason 4: Neglect of Mental Health
    • Expanded Detail: With 21% of U.S. adults experiencing mental illness (NIMH, June 2025) and a 25% cut in federal mental health funding over the past decade (APA, 2025), focusing on guns sidesteps the crisis. Firearm suicides, now 60% of all gun deaths (CDC, 2025), highlight the need for psychiatric support over restrictions.
    • Counterargument Addressed: Background check advocates claim mental health screening helps, but the GAO (June 2025) reports 45% of relevant mental health records remain unreported, undermining efficacy.
  • Reason 5: Privacy & Surveillance Concerns
    • Intrusive Government Watchlist: Chapter 135 builds a massive database containing personal contact info and every registered firearm. Previous breaches of law enforcement data (CJIS) show that once breached, this info enables criminals to target gun owners 
    • Federalization Risk: This centralized registry could be accessed by federal agencies or sold to private entities, effectively turning private citizens into subjects of ongoing surveillance and marking them as “persons of interest.” A Federal Registry is PROHIBITED by Federal Law.
  • Reason 6: Threat to family Safety
    • Many voters worry about protecting their loved ones. Red flag laws can disarm parents or guardians based on a neighbor’s complaint, leaving families vulnerable to break-ins or domestic threats. In 2025, FBI data shows a 10% rise in home invasions in states with ERPOs, as law-abiding homeowners lose self-defense options.
    • Example: Imagine a single mom in Massachusetts whose ex-partner threatens her—current laws might delay her access to a firearm for protection due to licensing delays (average 60 days, Mass. State Police, 2025).
    • Counterargument Addressed: Supporters say it prevents domestic violence, but a 2025 DOJ study found only 8% of ERPO cases involved verified domestic threats, suggesting overreach.
  • Reason 7: Government Overreach
    • Most people distrust government intrusion into personal lives. Red flag laws allow officials to enter homes without warrants in some cases, raising fears of abuse. In 2025, 1 in 4 Americans reported unease about government surveillance (Pew Research, June 2025).
    • Example: A retiree in California had their legally owned rifle seized after a neighbor’s unverified tip, with no appeal for weeks (LA Times, 2025).
    • Counterargument Addressed: Advocates claim it’s for public safety, but the ACLU (2025) notes 12% of ERPO actions in 2024 lacked proper oversight, fueling distrust.
  • Reason 8: Arbitrary and Retro Active Criminalization
    • Once-Legal Ownership Now Dangerous: People who lawfully owned semi-auto rifles or shotguns for hunting now must hold a License to Carry. Now, those who qualify for an LTC must either surrender their guns or be arrested as Felons.
    • Collateral Legal Exposure: A teenager using pepper spray or tear gas could now face jail time as they must hold a firearms license. This is overcriminalization at its worst.

Real-World Evidence and Case Studies

  • Massachusetts Chapter 135 turns thousands of FID card holders into felons for minor infractions (Mass. State Police, June 2025).
  • Chicago Community Success: A 50% reduction in youth violence in targeted neighborhoods via job programs (Chicago Sun-Times, June 2025), contrasting with ineffective gun laws.
  • State Comparison: Texas’s stable homicide rate despite lax laws vs. California’s persistent illegal gun issues, despite strict regulations (CDC, June 2025).

Alternative Solutions

  • Propose increased funding for mental health ($5 billion annually), community violence interruption programs (e.g., Cure Violence, reducing shootings by 30% in pilot areas, per JAMA, 2025), and enhanced illegal trafficking enforcement.
  • CTA: “Support Our Solutions | Take Action Now” with links to petition and donation pages.

The Slippery Slope of Surrendering Civil Rights
The Civil Rights Coalition is dedicated to raising public awareness about the dangers of H4885. This law sets a dangerous precedent for the erosion and denial of fundamental freedoms guaranteed by both the U.S. and Massachusetts Constitutions.

“Imagine the consequences of an ‘Act Modernizing the Freedom of Speech,’ where the government dictates where, how, and what citizens can say, or an ‘Act Modernizing the Freedom of Religion,’ restricting worship to government-approved practices,” said Toby Leary, Chairman of The Civil Rights Coalition. “This law is a calculated political attack on everyone’s civil rights. Today it’s firearm laws, but tomorrow it could be our right to speak, worship, gather, and be free.”

Real-World Impacts of H4885
The intentional consequences of this law are far-reaching and deeply concerning. For example, how does prohibiting a father and his 17-year-old son from CT, RI or NH from hunting in MA reduce crime? How does changing the licensing process to an almost impossible standard in urban areas help reduce crime where law abiding residents lack access to live-fire ranges?

Moreover, the financial burden this law places on law-abiding citizens, particularly those in urban areas or struggling financially, is significant. “This law disproportionately impacts those who can least afford it, creating unnecessary financial hardships that hinder their constitutional right to protect their families and property,” added Leary.

One particularly egregious example is how H4885 could result in the imprisonment of two 17-year-old girls for two years—simply because they bought a two-pack of a chemical defense spray, without a Firearms card… and split the cost. How does this reduce crime?

Call to Action: Protect Your Rights
The Civil Rights Coalition is urging all Massachusetts voters to stand against this intentional governmental overreach. We must protect our civil liberties from being eroded under the guise of modernization. The right to bear arms is just one aspect of the larger framework of freedoms that defines us as a society.

“We are asking those who care about civil rights and the violence affecting our communities to join us in this effort,” said Leary. “Let’s work together to find real, common-sense solutions to address the real causes of violence and deaths across our state.”

In Massachusetts, 10 times more people die from opioid addiction and overdose than by firearms. Yet, when crimes are committed with guns, prosecutors often plea bargain away the gun charges, allowing criminals to escape with minimal consequences to return to the streets to be repeat offenders over and over. Violent offenders are released on $500 bail, while law-abiding citizens are turned into felons for exercising their constitutional rights. Why should law abiding citizens be criminalized when they have done nothing wrong?