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Proposed Draft Regulations
501 CMR: EXECUTIVE OFFICE OF PUBLIC SAFETY
501 CMR
7.00: APPROVED WEAPON ROSTERS
Section
7.01: Purpose
and Scope
7.02:
Definitions
7.03:
Development of Approved Firearms Roster
7.04: Criteria
for Placement on Approved Firearms Roster
7.05: Compliance
with the Approved Roster by Licensees
7.06: Appeals
for Inclusion on the Approved Firearms Roster
7.07 Form and
Publication of the Approved Firearms Roster
7.08:
Development of a Large Capacity Weapons Roster
7.09: Criteria
for Placement on Large Capacity
7.10: Large
Capacity Weapons Not Listed
7.11: Form and
Publication of the Large Capacity Weapons Roster
7.12:
Development of Formal Target Shooting Firearms Roster
7.13: Criteria
for Placement on the Formal Target Shooting Firearms Roster
7.14: Appeals
for Inclusion on the Formal Target Shooting Firearms Roster
7.15: Form and
Publication of the Formal Target Shooting Firearms Roster
7.16:
Severability
7.01: Purpose
The purpose of 501 CMR 7.00 et seq. is to provide rules and
regulations governing the inclusion of firearms, rifles and shotguns on rosters
of weapons referred to in M.G.L. c. 140, §§ 123 and 131¾.
7.02:
Definitions
As used
in 501 CMR 7.00:
Approved Firearm means a firearm make and model that passed the
testing requirements of M.G.L. c. 140, § 123 and was subsequently approved by
the Secretary. Included are those firearms listed on the current Approved
Firearms Roster and those firearms approved by the Secretary that will be
included on the next published Approved Firearms Roster.
Approved Firearms Roster means a list of firearms approved by the
Secretary which meet or exceed the testing criteria as outlined in M.G.L. c.
140, § 123 clauses eighteenth, nineteenth, twentieth and twenty-first, and which
list is established, maintained and published by the Secretary pursuant to
M.G.L. c, 140, § 131¾ .
Approved Independent Testing Laboratory means a testing laboratory
that the Secretary has determined is capable of accurately testing firearms in
accordance with M.G.L. c. 140, § 123.
Capable of Accepting a Large Capacity Feeding Device means any
firearm, rifle or shotgun in which a large capacity feeding device, as defined
by M.G.L. c. 140, § 121, is capable of being used without alteration of the
weapon; provided, however, that said feeding device is fully or partially
inserted into the weapon or attached thereto, or is under the direct control of
a person who also has direct control of a weapon capable of accepting said
feeding device.
Certified By Attributes means the process used by an independent
testing laboratory to determine if a particular model firearm is the functional
design equivalent of another model already tested.
Firearm has the same meaning as “firearm” as defined in M.G.L. c.
140, § 121.
Formal Target Shooting Competition means those target competitions
which are sponsored, coordinated or sanctioned by a national organization which
regulates the type of firearm or modifications that may be used.
Formal Target Shooting Firearm means those firearms that have been
approved by the Secretary as solely designed and sold for formal target shooting
competition, pursuant to M.G.L. c. 140, § 123.
Formal Target Shooting Firearms Roster means a list of firearms
approved by the Secretary, which are solely designed and sold for formal target
shooting competition as provided by M.G.L. c. 140, § 123, and which list is
established, maintained and published pursuant to M.G.L. c. 140, § 123.
Functional Design Equivalent means a firearm whose dimensions and
material, as well as linkage and functioning of the magazine well, cylinder,
barrel, chamber or any components of the firing mechanism do not differ from a
firearm which satisfactorily completed the Testing Requirements. A firearm may
be deemed the Functional Design Equivalent of a firearm which differs only in
caliber if the larger caliber firearm has satisfactorily completed the Testing
Requirements.
GCAB means the Gun Control Advisory Board as provided in M.G.L. c.
140, § 131½, whose members are appointed by the Governor to advise the Secretary
on matters relating to the implementation of M.G.L c. 140, §§ 121 through 131P.
Individual Firearm means a specific firearm identifiable by make,
model and serial number, and does not refer to an entire make or model line.
Large Capacity Feeding Device has the same meaning as “large
capacity feeding” device as defined in M.G.L. c. 140, § 121.
Large Capacity Roster means a list of large capacity firearms,
rifles, and shotguns as defined by M.G.L. c. 140, § 121, and which list is
established, maintained and published by the Secretary pursuant to M.G.L. c,
140, § 131¾ .
Large Capacity Weapon has the same meaning as “large capacity
weapon” as defined in M.G.L. c. 140, § 121.
Length of Barrel or Barrel Length have the same meaning as “length
of barrel” or “barrel length” as defined in M.G.L. c. 140, § 121.
Licensee means a firearms dealer licensed in Massachusetts under
M.G.L c. 140, § 122, and does not refer to a gunsmith also licensed under M.G.L.
c. 140, § 122.
Licensed Gunsmith means a person acting as gunsmith as defined in
M.G.L. c. 140, § 121, and who is licensed to conduct gunsmith activity pursuant
to M.G.L. c. 140, § 122.
Make of Firearm means the company that manufactured said firearm.
Model of Firearm means the alpha or numeric designation or name
given by the manufacturer to a particular line of firearms. Within the model
line, firearms may be assigned different alpha or numeric designations or names
and still be considered to be the same model provided they are the functional
design equivalent.
Readily Modifiable to Accept a Large Capacity Feeding Device means
any firearm, rifle or shotgun immediately capable of being altered so as to
accept a large capacity feeding device as defined in M.G.L. c. 140, § 121;
provided, however, that said feeding device is fully or partially inserted into
the weapon or attached thereto, or is under the direct control of a person who
also has direct control of a weapon capable of accepting said feeding device.
Secretary means the Secretary of Public Safety.
Testing Requirements means the testing requirements as defined in
M.G.L. c. 140, § 123 clauses eighteenth, nineteenth, twentieth and twenty-first.
For clause eighteen, such requirements shall include a certified statement from
the manufacturer regarding the melting point, tensile strength, or density of
the metal used in manufacturing the firearm, or the successful completion of the
firing tests. Only firearms with a "length of barrel," as defined by M.G.L. c.
140, § 121, of less than three inches are required to complete the testing in
M.G.L. c. 140, § 123, clause twenty-first. For all other firearms, the term
"testing requirements” shall refer only to clauses eighteenth, nineteenth, and
twentieth.
Weapon has the same meaning as “weapon” as defined in M.G.L. c.
140, § 121
7.03:
Development of Approved Firearms Roster
(1)
A firearm may be considered for placement on the Approved Firearms Roster
only after the Secretary has received a final test report from an approved
independent testing laboratory certifying that the specified firearm make and
model has successfully completed all testing requirements in compliance with
M.G.L. c. 140, § 123 and 501 CMR 7.00, or the Secretary has determined that the
firearm is the functional equivalent of a previously approved firearm, or has
been tested by another state which has identical testing requirements of the
commonwealth, pursuant to section 7.04.
(2)
The Secretary shall maintain a list of approved independent testing
laboratories in accordance with 501 CMR 7.00. The Secretary may add or remove a
testing laboratory from this list in accordance with 501 CMR 7.00.
(a)
Such approved independent testing laboratory shall not be owned or
operated by a firearms manufacturer or by an organization that seeks to promote
or restrict firearms ownership.
(b)
Any testing laboratory that seeks to be an approved independent testing
laboratory shall provide information to the Secretary regarding its capabilities
and objectivity.
(3)
The GCAB shall review the final test report and shall make a
recommendation to the Secretary based on the documentation provided.
(4) The Secretary shall then determine whether the firearm shall be
placed on the Approved Firearms Roster.
(a) The Secretary shall notify, in writing, the manufacturer of a
particular make and model of a firearm, whenever such make and model is approved
for addition on the next published roster. This notice shall serve as
certification that the particular make and model has been approved by the
Secretary as being in compliance with M.G.L. c. 140, § 123.
(b) The Secretary shall also notify, in writing, the manufacturer
of a particular make and model of a firearm, whenever such make and model is
denied for addition on the Approved Firearms Roster.
(5) The Secretary, upon his own initiative, or upon the advice of the GCAB, or
through petition from an individual, may determine if a firearm shall be removed
from the Approved Firearms Roster. The Secretary shall notify, in writing, the
manufacturer of a particular make and model whenever a decision is made to
remove such make and model from the Approved Firearms Roster.
(6) The Executive Office of Public Safety shall maintain a list of all makes
and models of firearms which have been approved by the Secretary. This list
shall include firearms listed on the most recently published Approved Firearms
Roster, and firearm makes and models which have been approved by the Secretary
for inclusion on the next published roster. This list of approved firearms shall
be maintained by the Executive Office of Public Safety on a publicly available
web site, and a printed copy shall be available upon request.
7.04:
Criteria for Placement on Approved Firearms Roster
(1) Testing: The testing of any firearm for placement on the Approved
Firearms Roster shall be done by an approved independent testing laboratory.
The approved independent testing laboratory shall, at the expense of the entity
seeking to have the firearm placed on the Approved Firearms Roster, test the
firearm in accordance with the testing requirements and submit a copy of the
final test report directly to the Secretary and to the GCAB. Satisfactory
completion of the required tests shall mean that a firearm make and model meets
or exceeds the testing requirements of M.G.L. c. 140, § 123 and 501 CMR 7.00.
(2) Functional Equivalent: A firearm model shall be deemed to satisfy
the testing requirements if another firearm model made by the same manufacturer
is the functional design equivalent of a firearm model that has satisfactorily
completed the required tests, provided that the approved independent testing
laboratory certifies that the firearm model is the functional design equivalent
of another model already tested, and provides a written explanation for its
reasoning appended with all supporting documentation used to reach its
conclusion to the Secretary and to the GCAB;
(3) Tests Required By Other States:
(a) If another state requires testing which is identical to the
testing required by the commonwealth, and such testing is performed by an
independent testing laboratory approved by the Secretary, a final test report
from the approved independent testing laboratory to the Secretary and the GCAB
that the specified firearm make and model satisfactorily completed all testing
requirements in compliance with M.G.L. c. 140, § 123 will be sufficient for
submission to the GCAB without performing the tests again.
(b) If another state requires testing which includes some tests
identical to the testing required by the commonwealth, and such testing is
performed by an independent testing laboratory approved by the Secretary, a
final test report from the approved independent testing laboratory that the
specified firearm make and model satisfactorily completed all testing
requirements in compliance with M.G.L. c. 140, § 123 will be sufficient for
submission to the GCAB without performing again the portions of the testing
requirements already performed as part of the other state's requirements;
provided, however, that any additional tests required by the commonwealth but
not required by the other state are in fact performed by an approved independent
testing laboratory.
7.05:
Compliance with the Approved Roster by Licensees
(1) Any licensee that sells, rents, leases, delivers or offers for sale,
rent, lease, transfer or delivery any firearm not an approved firearm shall be
considered in violation of M.G.L. c. 140, § 123, except for:
(a) The sale, rental, lease, transfer or delivery of an individual
firearm as defined in 501 CMR 7.00 which was lawfully owned or possessed under a
license as defined in M.G.L. c. 140, §§ 122, 129B, 131 and 131F prior to October
21, 1998;
(b) The delivery of a firearm to a licensed gunsmith for the
purposes of service or repair of a firearm or the return of a firearm to its
lawful owner after service or repair by a licensed gunsmith;
(c) The return of a firearm by a licensee to its lawful owner where
that firearm was initially delivered to that licensee for the purpose of
consignment; or
(d) The sale, rental, lease, transfer or delivery of a firearm
listed on the Formal Target Shooting Firearms Roster.
7.06: Appeals
for Inclusion on or Removal from the Approved Firearms Roster
(1) A person may petition the Secretary to place a firearm on or remove a
firearm from the Approved Firearms Roster within ninety (90) days of the
Secretary's original denial or approval for inclusion on the Approved Firearms
Roster.
(2) Said petition shall include a written explanation citing the rationale
for the inclusion or removal of a firearm with all documentation used to justify
the request appended thereto.
(3) The Secretary shall not consider the inclusion of a firearm on the
roster unless the petition includes clear and convincing evidence from an
approved independent testing laboratory.
(4) The Secretary shall, within 45 days of receipt of a petition, notify
the petitioner by certified mail whether the petition is approved or denied. If
the petition is approved, the Secretary shall include the make and model of the
firearm on its list of all approved firearms and on the next publication of the
Approved Firearms Roster.
7.07 Form
and Publication of the Approved Firearms Roster
The form of the Approved Firearms Roster shall contain the following
information:
(1)
Title: Approved Firearms Roster
(2)
Effective month and year of the publication
(3)
Notice that the roster replaces all prior published rosters as follows:
“This Roster Supersedes All Previous Rosters”
(4)
Notice of criteria for placement on the roster as follows:
“This roster has been compiled in accordance with M.G.L. c.140, § 131 ¾
and 501 CMR 7.00. It contains weapons determined by Massachusetts approved
independent testing laboratories to have satisfactorily completed the testing
requirements of M.G.L. c. 140, § 123, clauses 18th, 19th,
20th and 21st. The reports resulting from said tests
were reviewed by the Gun Control Advisory Board and those makes and models
listed herein were subsequently approved by the Secretary of the Executive
Office of Public Safety as having complied with the statutory handgun testing
provisions of M.G.L. c. 140, § 123.”
(5) Notice of publication method as follows:
“Modifications to this roster are likely to occur periodically, and
licensees and law enforcement personnel should always utilize the most recent
roster for the purpose of determining statutory compliance. The Approved
Firearms Roster posted on the website of the Executive Office of Public Safety (www.mass.gov/EOPS)
will contain the most recently approved models.”
(6) Notice of the Regulations of the Office of the Attorney General as follows:
“Massachusetts licensed firearms dealers should note that the transfers of
handguns are also subject to the Attorney General’s Handgun Sales Regulations,
940 CMR 16.00, et seq. Firearms on this Approved Firearms Roster do not
necessarily comply with the requirements of the Attorney General’s Handgun Sales
Regulations. Information about those regulations, as well as the Enforcement
Notice may be obtained from the Office of the Attorney General and may be
accessed on the website of the Attorney General (www.ago.state.ma.us).”
7.08: Development of a Large Capacity Weapons Roster
The Secretary shall develop and maintain, with the advice of the
GCAB, a list of large capacity weapons, as defined by M.G.L. c. 140, § 121.
7.09:
Criteria for Placement on Large Capacity Weapons Roster
The large capacity weapons roster shall contain a list of weapons
approved by the Secretary, upon the advice of the GCAB, or other sources who
have petitioned the Secretary, to have been originally manufactured as a large
capacity weapon as defined by M.G.L. c. 140, § 121.
7.10: Large
Capacity Weapons Not Listed
Weapons not listed on the Large Capacity Roster may also be large
capacity weapons if they are semi-automatic, and are capable of accepting or
readily modifiable to accept a large capacity feeding device. Weapons not
listed on the Large Capacity Roster shall be considered large capacity weapons
in accordance with M.G.L. c.140, §121, if they are capable of accepting a large
capacity feeding device, or readily modifiable to accept a large capacity
feeding device as defined by 501 CMR 7.02.
7.11: Form
and Publication of the Large Capacity Weapons Roster
The form of the Large Capacity Weapons Roster shall contain the following
information:
(1)
Title: Large Capacity Weapons Roster
(2)
Effective month and year of the publication
(3)
Notice that the roster replaces all prior published rosters as follows:
“This Roster Supersedes All Previous Rosters”
(4)
Notice of criteria for placement on the roster as follows:
“This roster has been compiled in accordance with M.G.L. c. 140, §131¾.
It contains weapons determined to have been originally manufactured for the
civilian retail consumer market as large capacity weapons as defined by M.G.L.
c. 140, § 121. Weapons not listed on this roster may also be large capacity
weapons if they are semi-automatic and are capable of accepting or readily
modifiable to accept a large capacity feeding device. Definitions of ‘capable
of accepting’ and ‘readily modifiable to accept’ are defined in 501 CMR 7.02.”
(5) Notice of large capacity weapons and exemption as follows:
“NOTE: Unless otherwise exempted by M.G.L. c. 140, §121, the term ‘large
capacity weapon’ shall apply to all semiautomatic weapons equipped with a large
capacity feeding device, including any such weapons not listed on this roster.”
(6) Part I of the roster shall have the heading “Firearms – Class A LTC
Required” followed by a list in order by manufacturers of large capacity
firearms meeting the criteria for inclusion on the roster.
(7) Part II of the roster shall have the heading “Rifles and Shotguns –
Class A or B LTC Required” followed by a list in order by manufacturers of large
capacity rifles and shotguns meeting the criteria for inclusion on the roster.
7.12:
Development of the Formal Target Shooting Firearms Roster
The Secretary shall develop and maintain, with the advice of the GCAB, a
list of those weapons designated as formal target shooting firearms as provided
by M.G.L. c. 140, § 123.
7.13:
Criteria for Placement on the Formal Target Shooting Firearms Roster
The Formal Target Shooting Firearms Roster shall contain firearms
designated by the Secretary, with the advice of the GCAB, as solely designed and
sold for formal target shooting competition. The GCAB shall make a
recommendation as to whether a firearm should be placed on the Formal Target
Shooting Firearms Roster using the following criteria:
(1)
In order for a firearm to be considered for placement on the Formal
Target Shooting Roster:
(a) the firearm manufacturer shall submit a report to the GCAB that
certifies by affidavit that the firearm is solely designed and sold for formal
target shooting competition; and
(b) the report shall identify specifications and features of the firearm
which make it a formal target shooting competition firearm, including but not
limited to the component requirements listed in 501 CMR 7.13(5) that are a
standard part of that model firearm.
(2)
The firearm manufacturer shall submit to the GCAB either a list of the
specific types of formal target shooting competition for which the firearm was
designed and sold, or documentation indicating that the firearm is recognized by
a national organization as a firearm used in formal target shooting competition.
(3)
Such manufacturer shall include any advertising or marketing materials
sufficient to demonstrate that the firearm is solely sold for formal target
shooting competition.
(4)
The firearm, if it is a pistol, must have a barrel length of at least
five (5) inches, and if it is a revolver, must have a barrel length of at least
six (6) inches.
(5)
The firearm must have match grade adjustable rear sights, or a match
grade optical target sighting system.
(6)
The firearm,
(a) if a pistol, must have four (4) or more of the following components, all
produced at match grade:
(i) A target trigger
(ii) A custom or bull barrel
(iii) A ported barrel or compensator
(iv)
A custom barrel bushing
(v)
An adjusted, beveled or improved magazine well
(vi)
An extended or custom slide release button
(vii)
A target hammer
(viii)
A custom feed ramp
(ix)
A custom ejection port
(x)
A custom extractor
(xi)
Target grips
(xii)
A trigger pull weight of less than four (4) pounds
(b) or, if a revolver, must have three (3) or more of the following components,
all produced at match grade:
(i) A target trigger
(ii) A custom or bull barrel
(iii)
A ported barrel or compensator
(iv)
A target hammer
(v)
Target grips
(7) After receiving a recommendation from the GCAB, the Secretary shall
determine whether the firearm shall be placed on the Formal Target Shooting
Firearms Roster.
(a) The Secretary shall notify, in writing, the manufacturer of a
particular make and model of a firearm, whenever such make and model is approved
for addition on the next published roster. This notice shall serve as
certification that the particular make and model has been approved by the
Secretary as being in compliance with M.G.L. c. 140, § 123.
(b) The Secretary shall also notify, in writing, the manufacturer of a
particular make and model of a firearm, whenever such make and model is denied
for addition on the Formal Target Shooting Firearms Roster.
7.14: Appeals
for Inclusion on the Formal Target Shooting Firearms Roster
(1) Any person may petition the Secretary to place a firearm on or remove
a firearm from the Formal Target Shooting Firearms Roster within ninety (90)
days of the Secretary's original denial or approval for inclusion on the Formal
Target Shooting Firearms Roster.
(2) Said petition shall include a written explanation citing the rationale
for the inclusion or removal of a firearm with all documentation used to justify
the request appended thereto.
(3) The Secretary shall not consider the inclusion of a firearm on the
roster unless the petition includes clear and convincing evidence that the
firearm meets all of the criteria required in 501 CMR 7.13.
(4) The Secretary shall, within 45 days of receipt of a petition, notify
the petitioner by certified mail whether the petition is approved or denied. If
the petition is approved, the Secretary shall include the make and model of the
firearm on its list of Formal Target Shooting Firearms Roster.
7.15: Form
and Publication of the Formal Target Shooting Firearms Roster
The Formal Target Shooting Firearms Roster shall be published
bi-annually and shall be available on the public website of the Criminal History
Systems Board. It shall contain the following information:
(1)
Title: Formal Target Shooting Firearms Roster
(2)
Effective month and year of the publication
(3)
Notice that the roster replaces all prior published rosters as follows:
“This Roster Supersedes All Previous Rosters”
(4)
Notice of criteria for placement on the roster as follows:
“This roster has been compiled in accordance with M.G.L. c.140, §
123 and 501 CMR 7.00. It contains firearms which are exempt from the testing
requirements described in M.G.L. c. 140, § 123, clauses 18th, 19th,
20th and 21st, and which may be sold by Massachusetts
licensees pursuant to M.G.L. c. 140, § 123 and 940 CMR 16.01(f). The makes and
models listed herein were reviewed by the GCAB and subsequently designated by
the Secretary of the Executive Office of Public Safety as being solely designed
and sold for formal target shooting competitions.”
(5) Notice of publication method as follows:
“Modifications to this roster are likely to occur periodically, and
Massachusetts licensees and law enforcement personnel should always utilize the
most recent roster for the purpose of determining statutory compliance. The
Formal Target Shooting Firearms Roster posted on the website of the Executive
Office of Public Safety (www.mass.gov/EOPS)
will contain the most recently approved models.”
7.16:
Severability
If any article,
section, subsection, sentence, clause or phrase of 501 CMR 7.00 et seq. is for
any reason determined to be unconstitutional, contrary to statute, in excess of
authority, or otherwise inoperative, such determination shall not affect the
validity of any other article, section, subsection, sentence, clause or phrase
of 501 CMR 7.00 et. seq.
REGULATORY AUTHORITY
501 CMR 7.00: M.G.L. c. 140, §§ 123 and 131¾
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