|
Target Bill
Regulation Hearing / GOAL Testimony
Last July, Governor
Mitt Romney signed into law GOAL’s bill to exempt firearms designated as
formal target shooting firearms from the testing regulations in the law. On
Monday, May 14, at 10 AM in Room 2133 at One Ashburton Place, Boston, there will
be a hearing on proposed regulations to implement this new law.
The proposed
regulation - 501 CMR 7.00 - combines the new “Formal Target Shooting Roster”
with existing regulations for the “Approved Firearms Roster” and the “Large
Capacity Weapons Roster.” Click here to view the draft
regulations submitted by the Gun Control Advisory Board.
Does GOAL have
any concerns about the language of the proposed regulations?
Yes! The
proposed regulation says in section 7.13 that in order for a firearm to be
included “the firearm manufacturer shall submit a report that certifies by
affidavit…” GOAL has two concerns about this language:
-
As the author of the Bill, GOAL
Executive Director Jim Wallace points out that the language was designed to
have the Secretary of Public Safety compile the list, not to have the
manufacturer do all the leg work. In short, we believe the burden should be
on the Secretary or the Gun Control Advisory Board, not on the manufacturer.
Our testimony not only explains why it is inappropriate to require that
manufacturers submit letters, it provides the Executive Office of Public
Safety with alternative wordings for the regulation.
-
Secondly, there are cases where
the manufacturer is no longer in business and therefore can not apply for
inclusion on the “Formal Target Shooting Roster (for example, pistols
manufactured by High Standard, which went out of business in 1984).
Although section 7.14 allows for a person to petition to place a firearm on
the list, he or she can only submit the petition after the Secretary
has denied inclusion on the list. Since the manufacturer is no longer in
business, they can not submit an affidavit to be included on the list, and
therefore can not be rejected. In short, it is a catch 22. Our testimony
submits clarifications on how a person may ask that a specific firearm be
included.
Does GOAL have
any concerns about the definition of a Target Pistol?
Once the language
asking manufacturers to certify items has been removed, the actual list of
features of a target pistol as described, would cover target guns from many
disciplines. We were pleased that firearms from many disciplines, other than
pure Olympic freestyle firearms, would be included.
What action
should GOAL members take?
Any GOAL member who
regularly participates in competition should submit a letter supporting the
regulations, but clearly supporting changes to the regulations as outlined in
GOAL's testimony below.
Where do I send
testimony?
The hearing on the
approved target regulations will be Monday,
May 14 at 10AM, the McCormack Building, One Ashburton Place, Room 2133,
Boston, MA 02108. Written comments in advance of the hearing should be sent to
Catherine Bailey Assistant General Counsel, at this address.
Below is a copy of the testimony that GOAL will be providing at the hearing:
____________________________________________________________________________
Catherine Bailey,
Assistant General Counsel
Executive Office of
Public Safety
One Ashburton
Place, Room 2133
Boston, MA 02108
Dear Ms. Bailey,
Gun Owners’ Action
League (GOAL) would like to submit our written comments on 501 CMR 7.00 as
proposed. We are particularly interested in the creation of the “Formal Target
Shooting Firearms Roster” as GOAL was the author of the enabling legislation.
In the proposed
definitions of 501 CMR 7.00 we request the definition of “Formal Target Shooting
Firearm” be amended to more accurately reflect the language in the enacting
legislation. The definition should read:
Formal Target Shooting Firearm means those firearms that have been
designated by the Secretary as solely designed and sold for formal target
shooting competition, pursuant to M.G.L. c. 140, § 123.
In general, we
believe the proposed regulation accurately describes target shooting firearms in
7.13, clauses (4) through (6). We do have some concern about the term “match
grade” in clause (5) as that term could mean a very specific type of adjustable
sight versus one that is commonly used for formal target shooting.
However, we do have
a problem with the methodology by which a target firearm is to be placed on the
roster.
The enabling
statute says, in pertinent part:
“Clauses Eighteenth to Twenty-first, inclusive, of the first paragraph shall
not apply to:… (b)any firearm designated by the secretary of public safety, with
the advice of the gun control advisory board established pursuant to
section 131½ of chapter 140, as a firearm solely designed and sold for formal
target shooting competition. The secretary of public safety shall compile a
list, on a bi-annual basis, of firearms designated as formal target shooting
firearms in accordance with this paragraph…”
You will note that
no where in the enabling statute are tests to be conducted (as in clause
eighteenth, or nineteenth, or twentieth). Nor is the enabling statute listing
the standards of materials of manufacture to be met, such as in clause
eighteenth. In short, Chapter 177 of the Acts of 2006 placed the burden on the
Secretary to compile the list. No where does the law place any requirements on
manufacturers, nor does the law grant the Secretary any authority to make
demands on manufacturers.
There is a specific
precedent for having the Secretary, working with the GCAB, to create such a
list. Specifically, we refer to the Large Capacity Weapons Roster, which was
compiled by members of the GCAB. No manufacturer was required to “certify” their
firearms, rifles or shotguns for inclusion on this list, nor were they required
to send letters to the Secretary for this purpose.
Again, we note that
the creation of the Formal Target Shooting Roster is different from the
compilation of the Approved Firearms
Roster. With the latter, the complexity of testing cited in section 123 and the
expense of said testing may have been interpreted as placing requirements on
manufacturers. No such implication exists in
Chapter 177 of the Acts of 2006.
The criteria clauses (4), (5) and (6)
of the draft regulations include
features that could be easily verified
from a catalog, or even through the manufacturer’s website.
We request that
section 7.13 be redrafted to comply with the law as it was passed by the General
Court. The redraft should read as follows:
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.
(1) In order
to create the Formal Target Shooting Roster, the GCAB shall compile a list of
firearms that meet the requirements set forth in clauses (2), (3) and (4). Said
list shall be submitted to the Secretary no less than twice annually.
(a) In order to create the list, the GCAB shall consider for inclusion
firearms suggested in writing by:
(i) The Secretary
(ii) Any member of the GCAB
(iii) Any resident of the Commonwealth of Massachusetts
(iv)
Any firearms manufacturer
(v)
Any person licensed under M.G.L. c. 140, § 122
(b) Any suggestions submitted to the GCAB
shall include product information that confirms that particular firearm meets
the requirements set forth in clauses (2), (3) and (4). Such product information
can be catalogs, or web site information, or other such materials.
(c) In creating the list, the GCAB shall consider any proposed firearm that
meets the conditions of clause (2), (3) and (4) to be a Formal Target Shooting
Firearm as defined in 7:02.
(2) 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.
(3) The firearm
must have adjustable rear sights, or an optical target sighting system.
(4) 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
(5) After receiving a recommendation from the GCAB, the Secretary shall
place on the Formal Target Shooting Firearms Roster those firearms that meet the
requirements set forth in clauses (2), (3) and (4).
(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 has been
denied for addition on the Formal Target Shooting Firearms Roster.
Another reason to
amend these proposed regulations is that there are many firearms in active
competitive use today where the manufacturer is no longer in business.
These proposed regulations create no practical way for these obvious target
firearms to be added to the Formal Target Shooting Firearms Roster. A citizen
would be allowed to petition the Secretary under the proposed 7.14, but only
if the Secretary has already denied them a place on the Formal Target Shooting
Firearms Roster. Since the manufacturer does not exist, there is no possibility
of a letter of certification being received by the manufacturer.
We would therefore
like to suggest some alternate language for 7.14, by adding a second clause as
follows:
7.14 (Appeals for inclusion on the formal Target Shooting Firearms Roster..)
…(2) Any person may petition the Secretary or Gun Control Advisory Board to
place a firearm which is not currently manufactured on the Formal Target
Shooting Roster by submitting a letter of certification documenting that the
firearm in question:
(i)
meets the standards in clauses 7.13(2), (3), and (4) and by showing through
historical evidence that the firearm is recognized by a national organization as
a firearm used in formal target shooting competition, OR
(ii)
meets the standards in clauses 7.13(2), (3), and (4) and showing advertising or
marketing materials sufficient to demonstrate the firearm was sold for formal
target shooting competition.
We believe these
proposed changes are fundamental to ensuring that the regulations mirror the
intent and language of the enabling legislation.
Respectfully,
James L. Wallace
Executive Director
_____________________________________________________________________
Under the provisions of G.L. c. 30A and the authority of
G.L. c. 140, §§ 123, 131 ¾ , the Executive Office of Public Safety will conduct
a public hearing to gather comments, ideas, and information concerning the
following regulation: 501 CMR 7.00 et seq., Approved Weapon Rosters.
This regulation incorporates the new Formal Target Shooting Firearms Roster with
the Approved Firearms Roster and the Large Capacity Weapons Roster.
Scheduled Hearing Date:
Monday, May 14, 2007 at 10:00am, The McCormack Building, One Ashburton Place,
Room 2133, Boston, MA 02108. Copies of the proposed regulation may be obtained
from the same address. Written comments in advance of the hearing are welcome
and should be sent to the same address, attention to Catherine Bailey, Assistant
General Counsel. All persons desiring to be heard on this matter should appear
at the designated time and place.
|
.JPG){kind=small}
