Date: May 2000
Attorney General: Tom Reilly
Issuing Office: The Commonwealth of Massachusetts, Office of the Attorney General
The Office of the Attorney General is now enforcing its consumer protection regulations governing handguns. In the interest of promoting and ensuring compliance with these regulations, the Attorney General is issuing this Enforcement Notice to highlight various aspects of the regulations and the manner in which this office will enforce them. This Enforcement Notice is issued by the Attorney General in the exercise of his discretion, and in accord with the applicable statutory, regulatory, and judicial authorities.
This Enforcement Notice is for general informational purposes only. Only the regulations themselves have the force of law. Questions regarding the application of these regulations to your specific circumstances should be directed to your attorney, if necessary.
The Attorney General will enforce the regulations with respect to any transfers of handguns that handgun-purveyors made to customers in Massachusetts on or after April 3, 2000. A "transfer" takes place upon the physical delivery of the handgun to the customer.
If a handgun-purveyor transfers a new or used handgun that was manufactured on or before October 21, 1998, the handgun must meet applicable requirements of sections 16.05(1) and 16.06 of the regulations. That means it must have an approved lock, and the dealer must provide the appropriate written and verbal warnings and disclosures upon transfer of the handgun. The other requirements of the regulations will not apply.
If a handgun-purveyor transfers a new or used handgun that was manufactured after October 21, 1998, the handgun must meet all requirements of the regulations applicable to that make and model of handgun.
Section 16.04(2) of the regulations prohibits the transfer of any make and model of handgun that is "prone to accidental discharge." Under section 16.01, a handgun is "prone to accidental discharge" when it is unable to pass the Handgun Drop Test (five handguns in new condition tested, none shall discharge).
The Attorney General will enforce section 16.04(2) with respect to the transfer of any handgun, whether new or used, that was manufactured after October 21, 1998.
The test should not be performed on the particular handgun to be transferred. Rather, a new or used handgun manufactured after October 21, 1998, will not be deemed "prone to accidental discharge" if the handgun-purveyor can certify that the make and model of that handgun passes the test. Handgun-purveyors should obtain such information from the manufacturer.
The definition of "transfer" in 940 CMR § 16.01 will not be considered to include a handgun-purveyor's return of a handgun to its owner where that handgun initially was delivered by the owner to the handgun-purveyor for the purpose of a consignment sale or a pawnbroker loan, or for the purpose of service or repair.
The physical delivery of a handgun to a customer in the Commonwealth on or after April 3, 2000, constitutes a "transfer" under the regulations, even if that customer ordered or paid for the handgun before April 3, 2000.
"Make and model" is defined in 940 CMR § 16.01 as "any group of handguns, all of which are made by a manufacturer by the same method and according to the same design pattern and specifications." The Attorney General will recognize handguns to be the same make and model when they are identical in all respects except for differences in any one or more of the following features: