Date: February 2002
Attorney General: Tom Reilly
Issuing Office: The Commonwealth of Massachusetts, Office of the Attorney General
This Enforcement Notice specifically addresses how the new Approved Firearms Roster issued by the Secretary of the Executive Office of Public Safety will affect the enforcement of the Attorney General's handgun sales regulations.
The Secretary of the Executive Office of Public Safety has compiled an Approved Firearms Roster pursuant to G.L. c. 140, § 131-3/4 and 501 CMR 7.00. The Secretary has determined that the firearm (handgun) models listed on this roster meet the requirements of G.L. c. 140, § 123, cl. 18-21 ("the Chapter 140 handgun product requirements").
Pursuant to 501 CMR 7.05, licensed dealers are prohibited from selling a firearm that is not listed on the Approved Firearms Roster, subject to certain specified exceptions.
Certain of the Chapter 140 handgun product requirements were modeled upon, and are substantially similar to, certain of the requirements of the AG's handgun sales regulations. Specifically, they share requirements relating to:
| Requirement | AG Regulation | Ch. 140 Provision |
|---|---|---|
| Composition, malfunction, breakage | 940 CMR 16.04(1), (3) | G.L. c. 140, § 123, cl. 18th |
| Prone to accidental discharge (drop test) | 940 CMR 16.04(2) | G.L. c. 140, § 123, cl. 19th |
| Prone to multiple fires or explosion | 940 CMR 16.04(2) | G.L. c. 140, § 123, cl. 20th |
| Accuracy of short-barreled handguns | 940 CMR 16.06(3) | G.L. c. 140, § 123, cl. 21st |
Key rule: The Attorney General will not take enforcement actions with respect to the product requirements of the AG's handgun sales regulations that correspond to the product requirements of Chapter 140 (listed above) -- if the handgun model is listed on the Approved Firearms Roster.
The AG's handgun sales regulations include three product requirements that are not shared by the Chapter 140 requirements and are not tested for the Approved Firearms Roster:
| Requirement | AG Regulation |
|---|---|
| Child-safety features | 940 CMR 16.05(2), (4) |
| Load indicators and magazine safety disconnects (semi-auto) | 940 CMR 16.05(3), (4) |
| Tamper-resistant serial numbers | 940 CMR 16.03 |
Key rule: A handgun that is listed on the Approved Firearms Roster might not satisfy these three additional product requirements. If a handgun does not satisfy these three additional requirements, then it is a violation of the regulations for a handgun purveyor to transfer that handgun even if the handgun is listed on the Approved Firearms Roster.
The AG's regulations governing how a handgun is transferred continue to apply regardless of whether the handgun itself satisfies the product requirements:
| Requirement | AG Regulation |
|---|---|
| Unfair or deceptive practices generally | 940 CMR 16.02 |
| Transfer with an approved safety device | 940 CMR 16.05(1) |
| Transfer with safety warning | 940 CMR 16.06(1) |
| Transfer with safety demonstration (retail only) | 940 CMR 16.06(2) |
| Transfer with accuracy information (short-barrel only) | 940 CMR 16.06(3) |