Gay and lesbian gun owners claim gun law discriminates

Written by:  Gabriella Spinnato

The Pink Pistols, a Boston-based civil rights group aiming to protect the rights of gay and lesbian gun owners, has decided to protest a 1998 Massachusetts gun law amending state gun licensing regulations.

The group claims the law, championed by state Sen. Cheryl Jacques (D-Needham), legislates discrimination by reaffirming vague and arbitrary requirements for gun licenses and ownership.

“It’s a discriminatory piece of garbage,” said Pink Pistols founder Doug Krick. “There’s no set standard as to who may or may not carry firearms in this state. When things are left to that level of discretion, it’s been shown that laws are not equally enforced.”

The Pink Pistols’ chief complaint involves discretionary licensing, a practice that gives each Massachusetts police chief final authority to distribute gun permits. Pink Pistols activist David Rostcheck said he believes all minorities seeking permits suffer under this type of decision-making, as police chiefs may deny licenses based on their own racial and sexual biases.

“Since 1998, police chiefs have been emboldened to take a much more aggressive stance to deny applicants,” he said. “Some police chiefs do use it properly. Probably more abuse it than use it properly.”

The 20-member group also alleges that the law enacts new restrictions that discriminate based on physical ability. Rostcheck said the law requires many gun owners to use a model with a 10-pound trigger pull, which he compared to using an index finger to curl a 10-pound barbell. He said he believes this discriminates against smaller women as well as the elderly and disabled, who may not have enough strength to pull the trigger.

“They’ve been given a license to protect their life, but the law discriminates against them by not giving them a tool they can actually use,” he said.

Jacques called the Pink Pistols “misinformed and misguided” and refuted several of their complaints including that of discretionary licensing, which she said was enacted long before the 1998 law.

“They’re concerned about discretionary licensing that’s been around for decades,” she said. “The `98 law, which is supported by over 98 percent of Massachusetts residents, is specifically about keeping guns out of the hands of those with criminal records and a history of mental illness. It is about keeping people safe.”

Jacques dismissed the claim that the law is discriminatory, stating several versions of the law have been upheld in lawsuits in federal and state courts.

“I’ll stand by the court’s decision,” she said. “The `98 law is completely constitutional.”<br> <br> Both sides said the Pink Pistols have contacted Jacques’ office for a meeting, but the senator had no immediate plans to convene with the group.

“A meeting isn’t going to change the fact that they don’t want to hear my answers,” she said.

Though he did not name any specific measures to be taken, Rostcheck said the Pink Pistols are planning a three-step campaign to fight the law involving media awareness, partnership with public officials and, on a larger stage, lawsuits. He said he plans to make the law an issue during Jacques’ upcoming campaign for lieutenant governor.

“She’s running as a progressive civil rights activist. Progressive civil rights activists do not pass discriminatory laws,” he said.

Rostcheck said the group has received support from several gun groups nationwide, including Cease Fear in Washington and Jews for the Preservation of Gun Ownership.