Tragedy in Las Vegas Exposes Dangerous Loopholes in Massachusetts Gun Laws

BOSTON- In the wake of the tragedy in Las Vegas on Sunday evening, Representative David P. Linsky (D-Natick) has filed legislation to close glaring loopholes in Massachusetts gun laws. The shooter in Las Vegas utilized devices that under current Massachusetts law could be legally obtained in this state and used to incite the same type of violent massacre. The legislation HD.4266; An Act Prohibiting large capacity feeding devices and devices that increase the rate of discharge of a weapon, would ban any device designed to increase the rate of discharge of a weapon, as well as ban the sale of all large capacity feeding devices.

“I am at a loss for words over the shocking level of violence, and the enormous number of people who lost their lives or suffered life-altering injuries in Las Vegas this weekend. In the wake of this terrible tragedy, I have researched our Massachusetts laws and have found two glaring and dangerous loopholes that are similar to the Nevada laws, which allowed the possession of the weapons used in the Las Vegas tragedy,” said Representative Linsky. “This legislation will ensure that no one can legally possess devices colloquially known as ‘bump stocks’ – devices designed to increase the deadliness of these already deadly weapons. These devices were created by gun manufacturers as a work-around of the federal law banning the sale and possession of automatic weapons, and there is absolutely no reason for any citizen to possess a ‘bump stock’ device or a ‘high-capacity magazine.’’’

The shooter in Las Vegas used a device known as a “bump stock” to increase the fire rate on his weapon. A “bump stock” is a device that uses the recoil of a semiautomatic firearm to fire several shots in succession, mimicking automatic gun fire. While the weapon still fires one bullet for every pull of the trigger, the “bump stock” automates the trigger-pull process, allowing shooters to fire at a rate of 400 to 800 rounds a minute.

In addition, this legislation would eliminate the grandfather clause in Massachusetts law that allows for large capacity magazines manufactured prior to 1994. Current law for allows pre-1994 magazines that hold more than 10 rounds of ammunition, but bars post 1994 magazines. There is no way to distinguish between magazines, making the current law impossible to enforce.

A magazine is defined as “large-capacity” if it has the capacity to hold more than 10 rounds of ammunition. The Law Center to Prevent Gun Violence describes a large-capacity magazine as a device “which can hold up to 100 rounds of ammunition, [and] significantly increase a shooter’s ability to injure and kill large numbers of people quickly because they enable the individual to fire repeatedly without needing to reload.”

“Thoughts and prayers are not enough. Moments of silence are not enough. Tweeting that things must change is not enough. Congress has continued its failure to act in the wake of yet another gun violence tragedy, but I will not stand idly by,” said Representative Linsky. “We must take the initiative on the state level to close glaring loopholes exposed by this tragedy.”

HD.4266 awaits a Committee assignment where it will then receive a public hearing before the Massachusetts Legislature.

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For More Information: Abigail Silverman (617) 722-2575