A Special Investigation by Gun Owners' Action League

Press Release

FOR IMMEDIATE RELEASE       January 8, 2002

“REGULATORY FRAUD”

Gun Owners’ Action League (GOAL) released a 38-page report today denouncing the Massachusetts Attorney General’s regulations on handguns as “Regulatory Fraud.” The report is based on a review of public records from the Attorney General’s office by GOAL staff.

The report documents that beginning in 1995, former Attorney General Luther Scott Harshbarger created a secret “gun group” within the Consumer Protection Agency to brainstorm a means to attack gun manufacturers. GOAL states that their search of more than 24,000 pages failed to uncover any Massachusetts resident or group of persons that asked the Attorney General to create consumer product safety standards for handguns. There was no record of consumers being harmed by the current manufacturing standards for guns; and no substantiation that any manufacturer failed to live up to their warranty. We found no evidence that the Attorney General’s office could point to a single act of unfair and deceptive business practice concerning the manufacture of handguns. The records also showed that even after the public hearing was held, the Attorney General’s staff was unable to find corroborating data to support the regulations.

“This report raises serious legal and ethical issues,” said Executive Director Michael Yacino. “The internal memos we reviewed clearly document that Harshbarger’s own staff had major objections to the regulations. But the regulations were put forth anyway. They are a perfect example of ‘unfair and deceptive practices’ brought about by an overzealous Attorney General.”

More importantly, GOAL charges the net result of the regulations has been extremely harsh on small businesses and consumers. Many licensed firearms dealer businesses have closed, as they are unable to obtain products available everywhere else. Consumers have pitifully little choice in new handguns, and Olympic quality firearms are no longer available in Massachusetts. Even dealers who do sell firearms to law enforcement are harassed.

“We are especially concerned about these regulations in light of the current deployment of the National Guard. Our office has received complaints from individuals who are unable to obtain military sidearms, or their equivalents, to remain in a state of preparedness,” said Mr. Yacino. “These regulations are not an ‘inconvenience’ as some would have you believe. When they affect our state’s military preparedness level, they constitute a danger to the citizens of our Commonwealth and those who also may be called up to serve.”

When asked about the role played by the current Attorney General, Mr. Yacino replied, “We find it very troubling that Mr. Reilly has been deaf to over 2 years of complaints by consumers, small businessmen and legislators. If he is the watchdog for consumer safety, a quick check of his office archives would have shown that these regulations were based on a tissue of lies. We would urge Attorney General Reilly to have the courage to reject the mistakes of his predecessor and remove these regulations from existence.”

Gun Owners’ Action League calls for an immediate investigation by the State Auditor into the taxpayer waste of both the previous Attorney General’s administration and the one presently in power. We have asked the US Attorney General to open an investigation into the ethical and legal improprieties of both. We call upon the legislature to remove the authority delegated to the agency under Chapter 93A because clearly both individuals have abused their position and violated the public trust.

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