Bill could affect airguns in Massachusetts

[Habanero69er]

If it starts here in MA, and becomes law, don't think for a minute that YOUR State wont be next. This is one of the most important topics that as an airgun community that  we not only make people aware of but doing whatever we can to protect our sport. I agree with GungaDin, if someone gets out of line handle it on a one on one basis. This is to important to ALL of us to even think of locking.

+1

[dcorvino]

Hi
Just wanted to give an update
Just heard back from a state rep regarding the issue and he was receptive to my concerns and has asked for a meeting about the proposed bill.
I will meet with him and hope to have John the owner of New England airguns there as well. Maybe even meet at his shop.
So for all those who have contacted their state lawmakers thank you and keep it up.
Hopefully our voices will be heard
I will keep you posted on my progress

Dave

[GungaDin]

There is a facbook group specifically set up to protest this...
https://www.facebook.com/savemassairsoft/

[dcorvino]

Thanks for the information GungaDin!
Will check it out.
Keep warm my friend.

Dave

[GungaDin]

If anyone here wants to bum out, read this. The replies seem to mostly support the bill.

[dcorvino]

Thank you for the info GungaDin
Looks like that site is full of those for the bill
We cannot give up
I urge everyone to sign the pettition and those in Mass or anyone who knows someone in Massachusetts to call their state rep and state senator

Dave
Below is link to petition

http://www.thepetitionsite.com/778/515/163/stop-massachusetts-bill-h-3476/

[arty]

want to get the word out, bill pending in the mass legislature to basically outlaw air soft, bb guns, pellet guns, etc. calling for all replica,BB,pellet guns to have a barrel painted orange and a plugged barrel, anything short of a powder burner illegal, illegal to sell them, rather than ruin them. I've paid good money for my rifles. and don't be fooled, this is only the beginning, next will be our handguns. there is an on line petition for in state as well as out of state. crosman has already stated they will no longer ship to Massachusetts if this bill takes effect. the link to the petition is http://www.savemassairsoft.tk/

[ezman604]

First off a little reminder. No political discussions allowed. We are an ITERNATIONAL forum, and this would be unfair to our brothers and sisters in other countries.
And this has already been posted as a reference. I will combine these two threads.
Although we understand the need for action, we also cannot and will not allow our airgun forum to become a political war zone.

[GungaDin]

If that bill passes you won't have to worry about it, because I doubt people from Massachusetts will be around here much. It's not fun reading about a hobby you aren't allowed to participate in. 
I always thought the ban on political discussions was to prevent dissent and argument among members. Was I wrong? Who here supports a ban on airguns in Massachusetts? So far I haven't seen any unpleasant arguments between members.   
As far as "international" goes, why wouldn't members from other countries be interested in this? It's airgun news, and it's not like it couldn't happen in other countries.

[ezman604]

You don't have to agree with the forum management and rules, that's your right.
The rules and enforcement are here for a reason, whether you see and understand them or not.
They are here to keep our forum intact.
Please respect this.

[GungaDin]

If your rules are so ridged you won't even make an exception for a bill that would ban airguns I'm outta here.
And no I DON'T understand why an airgun forum would want to stifle discussion on a bill that would ban the sport. That makes zero sense.

[ezman604]

Are you reading this thread?
You're welcome.
And welcome to go elsewhere if you believe turning GTA into a political forum will benefit anything...
And that will not happen.

[ezman604]

Okay, I am locking this thread. For several reasons.
PLEASE read and understand what I'm saying as to not misunderstand and get upset.
I totally understand the need to voice an opinion and fight such proposed bills!!!
But understand we have rules against political and religious discussion FOR A GOOD REASON.
There are places to take a fight against such things but NOT here. Take the fight where it CAN do some good.
But, you see this thread don't you? It is here to inform....not to be discussed or debated.
The thread can serve it's intended purpose of getting attention and sending you to a site that CAN aid in the voicing of your opinion.
The thread will remain here but locked for discussion. If left open for discussion, you and I both know it will eventually wind up in the Non-Productive Gate for violating forum rules.
WE DO NOT WANT THAT!!!
I hope you understand and agree with this decision.

[ezman604]

Repost from Gun owners action League.
MA Legislature Fast Tracking Imitation Gun Bill - It Must be Stopped!
January 26, 2016
**GOAL Alert**
GOAL has learned that the MA Legislature is fast tracking the imitation gun bill, known as H.3476, "An Act Relative to Imitation Firearms". Please call your State Representative (House) today and urge them not to support this horrible legislation.
If passed, this legislation will endanger law enforcement officers.
Pertinent info regarding why this bill must be stopped:
This bill requires that any imitation firearm, air gun, pellet gun, or BB gun cannot be black, blue, silver or aluminum in color and must be painted with a non-removable, 1" wide orange stripe. This will enable criminals to paint their REAL firearms in the same way, causing a potential disaster due to hesitation on the part of responding law enforcement officers. Their job is already difficult enough, this bill will only complicate and endanger the lives of our first responders. How will they know if the item the criminal is holding is a painted real gun, or an imitation gun?
The new definition; "substantially duplicates" is vague and confusing.
There is no provision in this legislation for lawful ownership of items that are currently legally possessed in MA.
There is a provision which would enable police to seize any currently owned item, once again our legislature is passing laws with no good reason.
These items are commonly owned across the country with no issue.
This bill would force the owners of very expensive precision target guns to paint them plus add the 1" orange stripe. This would drastically affect the value of these expensive target guns.
Take Action!
Please call your State Representative immediately and urge them to vigorously oppose this legislation.
Find contact info for your State Representative here.
New language of bill - (please note the state has not updated their website to with the current version)
An Act relative to imitation firearms.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 121 of chapter 140 of the General Laws is hereby amended by striking out the figure "131Q", inserted by section 19 of chapter 284 of the acts of 2014, and inserting in place thereof the following figure:- 131R.
SECTION 2. Said section 121 of said chapter 140 is hereby amended by striking out the definition of "Imitation firearm", as appearing in the 2012 Official Edition, and inserting in place thereof the following definition:-
"Imitation firearm", any air rifle or hand gun, pellet gun or "B-B" gun or any device or object made of plastic, wood, metal or any other material which substantially duplicates or can reasonably be perceived to be an actual firearm, rifle, shotgun, air rifle or hand gun, pellet gun, or "B-B" gun, unless such air rifle or hand gun, pellet gun, "B-B" gun or device or object: (i) is colored other than black, blue, silver or aluminum; and (ii) is marked with a non-removable orange stripe which is at least 1 inch in width and runs the entire length of the barrel on each side and the front end of the barrel. "Imitation firearm" does not include any non-firing replica of an antique firearm, the original of which was designed, manufactured and produced prior to 1898.
SECTION 3. Said chapter 140 is hereby amended by inserting after section 131Q, inserted by section 70 of chapter 284 of the acts of 2014, the following section:-
Section 131R. (a) No person shall import, manufacture, sell, hold for sale or distribute within the state any imitation firearm unless such device is imported, manufactured, sold, held for sale and distributed: (i) solely for subsequent transportation in interstate commerce; or (ii) solely for lawful use in a theatrical production, including a motion picture, television or stage production.
(b) A violation of subsection (a) shall constitute an unfair or deceptive trade act or practice under section 2 of chapter 93A.
(c) A law enforcement officer may confiscate any imitation firearm from a person in possession thereof unless the person is possessing the imitation firearm:(i) solely for subsequent transportation in interstate commerce; or (ii) solely for lawful use in a theatrical production, including a motion picture, television or stage production.

[ezman604]

Update...and not a good one!!!!

Some new amendments made

Amendment #1 to H.3476

H.3476 Imitation Firearms Corrective Amendment

Representatives Cullinane of Boston, Cronin of Easton, Benson of Lunenburg, Livingstone of Boston, Donahue of Worcester and Ashe of Longmeadow move that the bill be amended in section 2, by striking out lines 7 through 17, and replacing them with the following:

‘“Imitation firearm,” any air rifle, or air hand gun, or pellet gun, or bb-gun, or any object made of plastic, wood, metal, or any material which substantially duplicates or can reasonably be perceived to be an actual firearm, rifle, shotgun, or hand gun, unless such air rifle, or air hand gun, or pellet gun, or bb-gun, or device of object: is marked with a non-removable orange stripe which is at least 1 inch in width and runs the entire length of the barrel on each side and the front end of the barrel and runs the length of the handle on each side and the underside of the handle. “Imitation firearm” does not include any non-firing replica of an antique firearm, the original of which was designed, manufactured, and produced prior to 1898 or for permanent display or temporary exhibit in a Massachusetts Museum provided that said firearms are rendered inoperable.”’

And further amend the bill in Section 3, by inserting after the word, “production,” in line 20, the following: “or for permanent display or temporary exhibit in a Massachusetts Museum.”

And further amend the bill in Section 3, , by inserting after the words, “chapter 93A.” in line 26, the following: “Whenever the Attorney General shall believe from evidence satisfactory to the Office of the Attorney General that any person, firm, corporation, or association, or agent, or employee thereof has violated any provision of this law, the Attorney General may bring an action or special proceeding in the supreme court for a judgement enjoining the continuance of such violation and for a civil penalty of not more than $5,000 for each violation. A violation under this law shall be defined as one non-compliant imitation firearm. If it shall appear to the satisfaction of the court or justice that the defendant has violated any provision of this article, no proof shall be required that any person has been injured thereby, nor that the defendant knowingly or intentionally violated such provision. In connection with any such proposed application, the Attorney General is authorized to take proof, issue subpoenas, and administer oaths in the manner provided in the civil practice laws and rules.”

And further amend the bill in Section 3, by inserting after the word, “production,” in line 30, the following two subsections:

“(d) Non-compliant imitation firearms legally purchased prior to the implementation of H.3476 may only be used on private property, including at existing paintball and air soft recreational facilities, provided that the private property is not in public view or in view from a public way.”

“(e) Existing licensed recreational paintball and air-soft ranges or facilities shall be allowed to rent, for on-site use only, the current stock of existing non-compliant rental air guns and or paintball guns owned by the business. All retail air rifle, or air hand gun, or pellet gun, or bb-gun, or any object made of plastic, wood, metal, or any material which substantially duplicates or can reasonably be perceived to be an actual firearm, rifle, shotgun, or hand gun, intended for sale shall be subject to this law.”

------------
Amendment #2 to H.3476

Adding a New Crime

Mr. Linsky of Natick move that the bill be amended by inserting the following new section:-

SECTION XX. Chapter 265 of the General Laws is hereby amended by inserting the following:

“Whoever uses a firearm in the commission of a felony, and said firearm has been altered by painting or other means to appear to be an imitation firearm as defined in section 121 of chapter 140 of the General Laws, shall be punished by confinement in the state prison for not less than ten years, and for any such term of years up to life imprisonment. Said sentence shall be served upon the expiration of any other sentence for the underlying felony”.

--------

Amendment #3 to H.3476

Adding a New Crime II

Mr. Linsky of Natick move that the bill be amended by inserting the following new section: -

SECTION XX. Chapter 265 of the General Laws is hereby amended by inserting the following:

“Whoever possesses a firearm, and said firearm has been altered by painting or other means to appear to be an imitation firearm as defined in section 121 of chapter 140 of the General Laws, shall be punished by confinement in the state prison for not less than two years, and not more than twenty years.”

---
Amendment #4 to H.3476

False Portrayal of Imitation Firearm

Mr. Markey of Dartmouth move that the bill be amended by inserting the following new section:

SECTION XX Chapter 269 is hereby amended by inserting after section 10(o) the following section

10(p) Whoever possesses a firearm, rifle, sawed off shot gun or shotgun as defined in section 121 of chapter 140 of the General Laws, by altering said firearm, rifle, sawed off shot gun, or shotgun with the intent to lead a reasonable person to believe that such firearm, rifle, sawed off shot gun, or shot gun is an imitation firearm as defined in Section 121 of Chapter 140 of the General Laws, shall be punishable by sentence not to exceed fifteen years in state prison. Such sentence shall begin from and after the expiration of the sentence for the violation of paragraph (a), paragraph (h) or paragraph (c).

[ezman604]

Hope this helps us

Tomorrow is the deadline for H.3476. It will either be extended or pushed back to the house. We understand how anxious everybody is and we thank you for your continued support. Tomorrow morning we're asking the community as a whole to reach out to your representatives again , and explain to them what this will do to the airsoft and paintball community.

This bill will continue to be here and will not go away without a fight. We have to be smart about how we approach it and having the continued support from the community goes a long way.

dcorvino

[ezman604]

Update from dcorvino:

We got word less then an hour ago from a very reputable source that the bill is being sent to study !
What does this mean. The bill was neither approved nor disapprove. It is basically being sent to a study status because the judicial committee does not feel comfortable approving it at this time or for one of many reasons it is not being sent back for a vote currently. A lot of bills that are sent to the status of study eventually die out
HOWEVER.....This is still not a win, yet.
It will remain in study until it is pulled out or until session ends in July, and if it is not pulled out, the bill would essentially be considered dead. There is a chance bill can be pulled from this status and place back into circulation however there is a better chance it will remain where it is.
This is still not a win, although we can see the light at the end of the tunnel. At least for bill 3476.

We appreciate the support of the community, and those who have assisted us in the process.
We've ask that the community continue to reach out to their representatives, and continue to express your concern about the bill in its entirety. We will continue to see that's all the way through. So take a deep breath, go ahead and have a second cookie

[ezman604]

Seems to not be going away...yet.
Latest update sent to me thanks to dcorvino:

metrowestdailynews.com/news/20160506/st_refDomain=www.google.com&st_refQuery=/url?q=https://shar.es/1ez8m5&sa=D&sntz=1&usg=AFQjCNGz6achuK8flRfWUP4XI2lPKYgFMQ

Fake firearms bill saddled with study order on Beacon Hill

By Colin A. Young/State House News Service

Posted May. 6, 2016 at 10:00 AM

BOSTON - When House Speaker Robert DeLeo met with reporters after his party's caucus on Jan. 27, he had Reps. Dan Cullinane and Harold Naughton in tow to discuss a bill the House planned to pass that afternoon.
Filed by Cullinane, the bill would require a high-visibility orange stripe on imitation firearms sold in Massachusetts. Naughton's Public Safety Committee had held a hearing on the bill, made a few tweaks to it and gave it a favorable report.
But just hours later, the bill that appeared on the precipice of passage was instead steered off to the Joint Committee on the Judiciary, which this week included it in a study order, effectively killing the bill for this session.
"While, right now, we may not yet have got it passed the finished line, we have elevated this issue and sparked an important dialogue in this conversation on the dangers and risks of imitation firearms and provided a framework for how to improve on this issue in the commonwealth," Cullinane said in a statement Wednesday to the News Service. "I will be continuing to work on this issue for the rest of this session and I will absolutely re-file what I hope through further study to be an even stronger bill next session."
The bill, which had the backing of the Boston Police Department, Attorney General Maura Healey, and Boston Mayor Martin Walsh among others, would have required that replica gun manufacturers include a non-removable one-inch orange stripe along the barrel, handle and front of the gun so it can be seen from every angle.
In January, Boston Police Commissioner William Evans and Cullinane brought examples of replica guns when they appeared before the Public Safety and Homeland Security Committee to push legislation that would require imitation firearms to have an identifying orange stripe. [File Photo: Sam Doran/SHNS]
Stop Handgun Violence founder John Rosenthal told the News Service this week he was "surprised and disappointed" to hear that the Cullinane bill won't find its way back onto the House floor this session. The Boston Police Department did not return phone calls or an email from the News Service.
In January, Cullinane told the News Service his bill (H 3476) was referred by the House to the Joint Committee on the Judiciary "to determine once and for all" if the bill complies with a federal law that preempts state laws concerning the sales of airguns.
House Judiciary Chairman John Fernandes said his committee considered only whether Cullinane's bill ran afoul of federal statutes that relate specifically to BB guns and other hobby guns, not the overall value of the bill.
"That bill was not our bill to start with. It was referred to us for one consideration and one consideration only: the scope of preemption of federal law," Fernandes said. "And based upon the legal review, there were significant issues with preemption."
 The federal law in question states that "No state shall ... prohibit the sale (other than prohibiting the sale to minors) of traditional B-B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure."
"There may be some limited space to work in there. Some other states have tried with varying success or lack thereof to find that space," Fernandes said. "But our reaction to the pre-emption issue is not a statement on the utility or value of the underlying issue of whether there should or should not be additional regulations around the markings and what should and should not be available in the public."
Cullinane said in January he expected the bill would get a swift hearing before the Judiciary Committee and be back before the House for consideration.
On Wednesday, the Dorchester Democrat said he expects the bill's inclusion in a study order will afford its supporters "the sufficient time and opportunity" to make sure the bill language is as effective as possible without leaving open any loopholes.
"The legislature considers over 5,000 bills a session, all of varying complexity, and on certain issues, such as this one, which deal with significant legal questions, such as in this case 'federal preemption,'" he said in his statement. "As a consequence, a bill may sometimes require additional time and examination to ensure the final legislative language is written to withstand any potential legal challenges down the road."
Although his bill did not pass this session, Cullinane said he thinks the debate over it "elevated and productively changed" the conversation on replica guns and drew attention to the manufacturers selling look-alike firearms.
"Through this legislation, I believe we rightly put the spotlight on the big-money, manufacturers and retailers, who make and sell these products which look exactly like bullet firing guns and celebrate in their advertising just how real they look. This industry has escaped responsibility and accountability for too long and their products put their customers and many young people in harm's way," Cullinane said.
The push for the replica gun bill comes after the high-profile 2014 fatal officer-involved shooting of 12-year-old Tamir Rice in Cleveland. A police officer responding to a report that a man was pointing a gun at people at a local park shot and killed Rice, who allegedly had a replica gun tucked into his waistband.
"Given the authentic look of all these guns, police officers have a real difficult time to distinguish what is real and what's not and our worst case scenario is what happened in Cleveland happening here in Boston," Boston Police Commissioner William Evans told lawmakers in January. "We come upon too many incidents too many times where people have these type of guns, and fortunately my officers have used a tremendous amount of restraint and not used deadly force when it was clearly within their right."
Boston police took 174 replica guns off the streets in 2015, Evans said when he testified in support of the bill, and 179 in 2014. The replica guns are commonly used in commercial robberies, street robberies and other crimes, Evans said.

[ezman604]

N.E.Dan asked me to post this. With his permission and request I am doing a C&P of his pm and email traffic. This is not a violation of the forum rules, it was at his request and with his permission!!!
Thanks Dan, this is good news!!!!

Received this response the other day and I thought you might be interested in calming some nerves.
 

        Dwyer, James J. - Rep. (HOU) <James.Dwyer@mahouse.gov>
        Jul 18 at 10:04 AM

To

        Dan K.

Message body
Hi Dan:
Thanks for reaching out. Please know that I am very sensitive to this issue. While I co-sponsored legislation on toy guns, I appreciated the many constituents that reached out with concerns about bb guns and airsoft sporting enthusiasts that I made sure to advocate for provisions to protect those types of activities. The bill has been sent to study which effectively kills it for this legislative session. This will give an opportunity to change the bill to protect those who are active in bb gun and airsoft sporting.
Best Regards,
Jim Dwyer

[ezman604]

Dave (dcorvino) just sent this showing Baltimore trying to enact a law to totally ban airguns.  Here is a C&P from his message.
Thanks Dave!!!

Looks like the city of Baltimore is going to try and ban all airguns.
Just wanted to pass this on with a link to the first read of the bill.
Not a good situation.
Download or just view this .pdf file.
https://baltimore.legistar.com/View.ashx?M=F&ID=4689649&GUID=001170A4-4C05-4312-9B76-11C6A21ED0B6