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Massachusetts Question 5, Handguns Ban Initiative (1976)
| Massachusetts Question 5 | |
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| Election date |
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| Topic Firearms policy |
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| Status |
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| Type Indirect initiated state statute |
Origin |
Massachusetts Question 5 was on the ballot as an indirect initiated state statute in Massachusetts on November 2, 1976. It was defeated.
A “yes” vote supported prohibiting the possession, ownership, or sale of handguns (defined as weapons capable of discharging a shot or bullet with a barrel length under 16 inches), with exceptions. |
A “no” vote opposed prohibiting the possession, ownership, or sale of handguns (defined as weapons capable of discharging a shot or bullet with a barrel length under 16 inches), with exceptions. |
Election results
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Massachusetts Question 5 |
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| Result | Votes | Percentage | ||
| Yes | 743,014 | 30.79% | ||
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1,669,945 | 69.21% | ||
Text of measure
Ballot title
The ballot title for Question 5 was as follows:
| “ | Do you approve of a law summarized below, which was disapproved by the House of Representatives on May 3, 1976, by a vote of 197-35, and on which no vote was taken by the Senate before May 5, 1976? | ” |
Ballot summary
The ballot summary for this measure was:
| “ |
The proposed legislation would prohibit the possession, ownership, or sale of any weapon from which a shot or bullet can be discharged and which has a barrel length of less than sixteen inches. The prohibition would not apply to military personnel, law enforcement officers, federally licensed handgun manufacturers and wholesalers, common carriers in the ordinary course of transport, or to historical societies and museums. The act would not affect the possession of rifles, shotguns, and certain antiques and replicas. The proposal also does not change the existing statutory penalties for unlawful possession, ownership or sale of handguns, including provision imposing mandatory jail sentences. The proposal would permit owners of handguns to surrender their weapons to any law enforcement agency in the Commonwealth within six months of the effective date of the act without incurring criminal liability. Those surrendering handguns within that six months will be compensated at a rate to be determined by the Commissioner of Public Safety. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
An indirect initiated state statute is a citizen-initiated ballot measure that amends state statute. There are nine (9) states that allow citizens to initiate indirect state statutes.
While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, the initiative is put on the ballot for voters to decide.
In Massachusetts, the number of signatures required for an indirect initiated state statute is equal to 3% of the votes cast in the last gubernatorial election. Massachusetts also has a distribution requirement that requires no more than 25% of the certified signatures on any petition can come from a single county.
The state Legislature has until the first Wednesday of May in the election year to pass the statute. If the legislature does not pass the proposed statute, proponents must collect a second round of signatures equal to 0.5% of the votes cast in the last gubernatorial election. The Legislature also has the power to place an alternative measure alongside the proposed statute via a simple majority vote of the state legislature.
A simple majority vote is required for voter approval. However, the number of affirmative votes cast for the measure must be greater than 30% of the votes cast in the election.
See also
External links
Footnotes
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State of Massachusetts Boston (capital) |
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