GTA
GTA Intro and Help => Airgun Legislation Actions/Information => Topic started by: dcorvino on January 07, 2016, 12:10:37 AM
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Hi
Just wanted to let you know that tomorrow at 11 am they ate going to vote on Airgun and replica guns in Massachusetts.
This bill would require an orange marking that is not removable be places on the barrel.
My concern is will companies mark all there product like this for sale in MA?
I urge you to call your state reps the governors office tomorrow morning and voice your opinion
We have to stop this before its to late
Thank you
Mods please forgive me I don't know where to post this
And to MA residents I just found out about this so please excuse me for being late to report this
Dave
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For anyone interested its bill H.3476
So make a call or email your state rep
This probably will affect your Airgun choices in MA
Have a happy day.
Dave
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Dave, front page article in today's Boston Globe. This is not good. What happens to the airguns we have if this is passed?
Bill
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Here they just made all air guns non firearms, (july 2015). So because we have so many LE in the woods ,(for our safety) of course!!. I took a couple of my most carried out and about air guns and taped off 1/2 inch of the muzzle and painted them the bright orange color they dictate. Then sure enough I was stopped by one of the LE and because my air rifle really looks like a rifle he asked for my lic and then wanted to know what I was hunting. Then he noticed the orange end. I said I was out to rid the woods of non game species and he said OH that's ok then, it's only an air rifle. End of talk , gave back my lic and wandered back to his truck. He did not ask any ? of cal, power etc . So other then putting a orange stripe on the muzzle of a 1000 dollar air gun it was a nice exchange for an encounter.
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Dave, front page article in today's Boston Globe. This is not good. What happens to the airguns we have if this is passed?
Bill
Hi Bill
I don't know what happens to them, either they are grandfathered in or we modify them or turn them in.
I am concerned about that and what do you do for future purchases?
Call you rep or write a letter to them we are under attack.
If it passes here it will probably affect other states as well.
Dave
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airguns are under attack at the state house in Boston today... it's just a hearing but decisions are made fast and we all need to put our input into the authorities that are making the final decision. in short, they are proposing orange tips on pellet and bb guns so they are in the same class as paintball and air-soft. putting orange tips on hunting rifles and pistols is just plain silly if not stupid! please write to these people today and let them know they are making a huge mistake. At New England Airgun we are providing a safe and proper location for airgun use. We need more locations so others have the same opportunities, we don't need to loose this over orange tips!
Below is some information about H.3476, An Act relative to imitation firearms, which is being heard by the Public Safety Committee today.
The language of the bill and its history can be found here: https://malegislature.gov/Bills/189/House/H3476
If you would like to send a letter or an email to the Chairs of the Committee they can be reached using the information below:
Representative Harold Naughton
State House, Room 167
Boston, MA 02133
617-722-2230
Harold.naughton@mahouse.gov
Senator James Timilty
State House, Room 507
Boston, MA 02133
617-722-1222
james.timilty@masenate.gov
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I hope the NRA will be representing us at this hearing. If your a NRA member make sure you voice your opinion to them.
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I seriously doubt the NRA is worried about an airgun bill. They are much more concerned about Obama's new executive orders.
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I hope the NRA will be representing us at this hearing. If your a NRA member make sure you voice your opinion to them.
Oh I will let them know
A hearing happened today.
I didn't know about this until last night at 11pm
Now I am playing catch up with emails and phone calls
So everyone send letters and make calls because if this passes here it can pass anywhere
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I know I am most likely an enabler on this so I am sorry in advance. But as a prior LE who cares about a non firearm marking. IF they would take off all the other laws that cover these air arms I think this would be ok to mark them when off private property with a slide on cap. Not all LE are quick to understand new law and some don't want to. But here when they took all firearm law off air guns this notice , on the muzzle made my interaction a non issue With the Co/le I ran into. (this is not required here I just did it) He was on the ball and knew of the new non firearm policy. As An old officer I used to smack some dumb @@@ kid for pointing a bb gun at someone, BUT I/we can't do that anymore. Some of the air guns out there look real. I am on your side and think you should fight this there, mostly because of the other dumb laws they have there. Good luck and as a life member of NRA I will e-mail them in your support.
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Orange tip means toy. We are talking about airguns that are killing small game to now even big game. If it can kill a tree rat, it will cause a real wound on a person. If it can kill a deer, it can do far worse. Those do not sound like toys to me.
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Thank you Max
We need all the help we can get
Something tells me it might be a long haul
Dave
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Thank you, Also no one said TOY . If you leave your own property to hunt why could you not slip on a orange end cap so a LE could tell its a non firearm. Heck the crooks are dipping the real thing in paint to get an edge. There will always be misuse, THAT is what should be addressed. Some of the more bottled guns you can tell from a mile away but some like my daystate or SY 909 look like a fire arm. I will support you but I am out of here Thank goodness I don't live in mass mi. is bad enough.
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Orange tip means toy. We are talking about airguns that are killing small game to now even big game. If it can kill a tree rat, it will cause a real wound on a person. If it can kill a deer, it can do far worse. Those do not sound like toys to me.
Hi I know orange tip means toys, unfortunetly the state legislature wants to add this to airguns
Wich will probably destroy air gun use in MA based on public safety
A state rep told me several states have this law already but I don't believe them
I can't see PA selling an Airgun that's been painted orange for a certain location, that functions the same as an Airgun for other locations and is just cosmetically different.
So if anyone out there lives in a state that requires differnt markings on an Airgun pleàse let me know
Dave
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A state rep told me several states have this law already but I don't believe them
He's probably thinking about airsoft, there is a federal law requiring orange tips for those, and cap guns too.
This is a kneejerk reaction to incidences which have occurred in other states. It seems like it was hastily written without a lot of thought. While it would be simple enough to spray paint the tip on the end of the barrel for a gun you already own, it is doubtful a lot of retailers are going to unbox every airgun, spraypaint the stripe, then rebox them just so they can ship them to Massachusetts.
Funny I made a recent post about many retailers not shipping airguns to Mass even though they got declassified as firearms in the late 90's. If this law get's passed, no one will ship them here, not only not to individuals, but not even to box stores.
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A state rep told me several states have this law already but I don't believe them
He's probably thinking about airsoft, there is a federal law requiring orange tips for those, and cap guns too.
This is a kneejerk reaction to incidences which have occurred in other states. It seems like it was hastily written without a lot of thought. While it would be simple enough to spray paint the tip on the end of the barrel for a gun you already own, it is doubtful a lot of retailers are going to unbox every airgun, spraypaint the stripe, then rebox them just so they can ship them to Massachusetts.
Funny I made a recent post about many retailers not shipping airguns to Mass even though they got declassified as firearms in the late 90's. If this law get's passed, no one will ship them here, not only not to individuals, but not even to box stores.
Hi hats what I am afraid of.
Contact the legislature and give them your opinion on it.
We need all the help we can get here.
Dave
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It must be tough living in such a highly regulated state like Massachusetts. They don't seem to be happy unless they're trying save everyone from themselves. I really feel for those who have to live under that kind of government control. >:(
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If the state HAS to have an orange tip law, why can't they do it from the owner, NOT the retail end, so it won't be a huge hassle to ship airguns to MA?
If they are worried about individual non-compliance, well the same guy who wouldn't paint his airgun tip orange if that was the law, is going to take a trip to the NH Walmart, buy whatever airguns he wants there and NOT paint them anyway under this law if it passes.
It's dumb and it will discourage new people from getting in to airguns here.
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It must be tough living in such a highly regulated state like Massachusetts. They don't seem to be happy unless they're trying save everyone from themselves. I really feel for those who have to live under that kind of government control. >:(
I was in Tallahassee Florida for a couple of weeks around Thanksgiving. Attitude, weather, laws, it was like being in another universe.
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Sad thing is currently then only restriction on airguns is you must be 18 to possess and with an adult to shoot it.
Other then that only other restrictions are hunting and you can't shoot across roads etc.
So this bill is insane
Dave
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So does this law mean a bad guy won't paint the muzzle of his REAL gun orange???
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The hearing was this morning, I wonder when this Bill will come up for a vote? I cant find anything about this on the news sites.
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Nope BAD guys will do bad things no matter what law has been passed. I just would like to give a young person waving an air gun of any type a chance as opposed to a new young stupid cop putting a cap in his rear. Their are other ways to do this but no one seems to want to go back to ole school. I once asked Dave Camp(Congress) if any law he made and passed had ever stopped a crime/he had to say no in front of a lot of people. It did not stop him from passing more. And it is always for our safety etc.. If we could just save one child, on the other hand, we used to have natural selection.
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The hearing was this morning, I wonder when this Bill will come up for a vote? I cant find anything about this on the news sites.
Hi Bill a story about it is going to be on channel 5 WCVB boston tonight at 11. Also James hand from the Attleboro sun chronicle is writting a story on it you can call him and give him your opinion
Dave
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Nope BAD guys will do bad things no matter what law has been passed. I just would like to give a young person waving an air gun of any type a chance as opposed to a new young stupid cop putting a cap in his rear. Their are other ways to do this but no one seems to want to go back to ole school. I once asked Dave Camp(Congress) if any law he made and passed had ever stopped a crime/he had to say no in front of a lot of people. It did not stop him from passing more. And it is always for our safety etc.. If we could just save one child, on the other hand, we used to have natural selection.
As if the orange tip will matter.
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Well it may not, but it might. I would prefer training and common sense but that appears in short supply. When I started, parents trained their kids and when they grew up they knew how to act , that time has passed and now we put these new, (not taught) folks in office, and pops does not dare paddle some one for shooting out a window or misuse of an air gun. If pops does he goes to the pokey for not only the paddling but giving the air gun to the kid in the first place. There is no easy answer. Wish there was!!. That is why everyone should vote, or better yet recall those that make such stupid laws in the first place. As far as the police go The US court of appeals just gave police more qualified immunity in these types of cases. So go voice your opine on the orange tips but be ready to compromise on the total issue.
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This is from one tv station in the area
http://boston.cbslocal.com/2016/01/07/replica-guns-boston-police/ (http://boston.cbslocal.com/2016/01/07/replica-guns-boston-police/)
I made crosman's legal department aware of what's going on and let PA know as well.
Will keep everyone posted about this and please contact your state rep.
To all those from who are helping out either in state or out of state thank you.
I am sure members in this state will help you out and I know I will help you out if or when your in this situation
We are all in this together
Dave
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I don't know how it works, but can you get a go fund me page for this.
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Hi Max
Great idea my friend, need to look into that.
I have a few other ideas as well that I need to look into.
Either a go fund me site or the other thing i am thinking about would have to benifit the Airgun community
Will keep you posted
Just need to talk to some people soon about these ideas
Something tells me it's going to be a wild ride
Thank you again my friend your support means alot
Dave
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It's going to be tough because this is being pushed as a "do it for the children" tear jerker bill by both politicians and Boston Police Commissioner Bill Evans.
I honestly can't think of why there is such a big rush to push this through now. They are using Tamir Rice as the excuse even though he was killed in another state over a year ago, under very controversial circumstances which all of the local news outlets pushing this bill here have completely ignored.
Sadly outside of the GTA and some facebook posts I haven't read any media articles in opposition to this bill.
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The lame stream media doesn't "report" the news anymore. They propagandize it. They've circled their PC wagons pushing their liberal agenda, only telling half the story in some/most cases.
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The lame stream media doesn't "report" the news anymore. They propagandize it. They've circled their PC wagons pushing their liberal agenda, only telling half the story in some/most cases.
The GTA Staff tries really hard to let its US members publish information that can or does effect the ownership of air guns through our local, State and possibly Federal bodies and NOT delete or NP these posts due to Rule #3. At there roots they are political but we usually let them go if they stay focused on information of what the legislation may be and just a call to action to take it upon ourselves to contact the appropriate legislator to voice our concerns if we live in that district, town, etc. dcorvino is trying to inform GTA Family and other AG'ers in Mass of whats going on. I am pretty sure we all want to see sensible ideas come out of the proposed legislation if even possible.
However, it doesn't take long and these threads usually get political in the wrong way. Not to mince words, but more posts in the vein of Habero69er above are going to cause this to go NP and the person(s) writing such posts are going to face consequences for Rule #3 violations.
We are all adults here and these warnings really shouldn't have to be given to longtime GTA members.
Thank you,
BZ
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Hi everyone
Please don't let this post get locked.
I am trying to help Airgun in MA and those in the rest of the country as well.'
I will continue to update everyone about this for as long as I can.
Thank you everyone
Dave
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I'm just saying the media as a rule does not do the public justice when it to comes to reporting both sides of the story. Their track record is evident. I rest.
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Another thing I forgot to mention, is Tamir Rice didn't have a gun that shot steel bb's he had an airsoft gun, which he took the orange tip off of. Now the politicians who wrote this bill thought they improved on that by mandating a painted stripe, but any kid willing to yank off an orange tip would certainly not be unwilling to wield a can of black spraypaint.
"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 (iii) has a barrel at least 1 inch in diameter that is closed for a distance of not less than one-half inch from the front-end of its barrel with the same material of which the imitation firearm is made.
Maybe some more lawyerly people can explain the second part, it's a little confusing to me. For example, my crosman 1377 which was NOT designed to imitate a firearm, would no doubt be interpreted as such anyway. The barrel is definitely NOT one inch in diameter nor is it "enclosed" by anything. The fact that the barrel is so thin, mounted on top of the air chamber makes the 1377 NOT look like a firearm.
Crosman isn't about to make a Massachusetts special 1377 with a full length metal barrel shroud. And it WOULD have to be metal, as that is what most of the 1377 is composed of. "with the same material of which the imitation firearm is made"
I'd like to ask the admins please don't lock this thread, unlike a post on powder burner gun control it is VERY relevant and there are few other outlets to disseminate info on this bill that are likely to catch the attention of fellow Massachusetts air gunners. Facebook is the only other place I've seen info that was not biased in favor of the bill. If someone is consistently making what admins consider incendiary posts, maybe a week ban of that individual would be better served in this case. I don't exclude myself. I'd rather be banned from posting for a week than see this post locked.
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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.
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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.
I agree if can happen in one state it can happen in all.
So please don't lock this thread.
Dave
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Another thing I forgot to mention, is Tamir Rice didn't have a gun that shot steel bb's he had an airsoft gun, which he took the orange tip off of. Now the politicians who wrote this bill thought they improved on that by mandating a painted stripe, but any kid willing to yank off an orange tip would certainly not be unwilling to wield a can of black spraypaint.
"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 (iii) has a barrel at least 1 inch in diameter that is closed for a distance of not less than one-half inch from the front-end of its barrel with the same material of which the imitation firearm is made.
Maybe some more lawyerly people can explain the second part, it's a little confusing to me. For example, my crosman 1377 which was NOT designed to imitate a firearm, would no doubt be interpreted as such anyway. The barrel is definitely NOT one inch in diameter nor is it "enclosed" by anything. The fact that the barrel is so thin, mounted on top of the air chamber makes the 1377 NOT look like a firearm.
Crosman isn't about to make a Massachusetts special 1377 with a full length metal barrel shroud. And it WOULD have to be metal, as that is what most of the 1377 is composed of. "with the same material of which the imitation firearm is made"
I'd like to ask the admins please don't lock this thread, unlike a post on powder burner gun control it is VERY relevant and there are few other outlets to disseminate info on this bill that are likely to catch the attention of fellow Massachusetts air gunners. Facebook is the only other place I've seen info that was not biased in favor of the bill. If someone is consistently making what admins consider incendiary posts, maybe a week ban of that individual would be better served in this case. I don't exclude myself. I'd rather be banned from posting for a week than see this post locked.
As if that mattered. The cops rolled up so fast he could have had a hair dryer, and it was in his waistband. They would have never seen it even if it was there.
Orange tips are pointless for any use, if they are never going to get looked for anyway.
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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.
I agree if can happen in one state it can happen in all.
So please don't lock this thread.
Dave
Dave:
Not looking to do that, that is why I stepped in. Important thread and we certainly want members informed.
Remember all: Its not what you say; it's how you say it.
BZ
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Hi Bubba
Glad you stepped in have to keep this going and focused on the situation
Dave
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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
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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
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There is a facbook group specifically set up to protest this...
https://www.facebook.com/savemassairsoft/ (https://www.facebook.com/savemassairsoft/)
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Thanks for the information GungaDin!
Will check it out.
Keep warm my friend.
Dave
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If anyone here wants to bum out, read this. The replies seem to mostly support the bill.
https://www.reddit.com/r/massachusetts/comments/3zyaxh/i_do_not_know_how_many_of_you_care_but_the/ (https://www.reddit.com/r/massachusetts/comments/3zyaxh/i_do_not_know_how_many_of_you_care_but_the/)
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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/ (http://www.thepetitionsite.com/778/515/163/stop-massachusetts-bill-h-3476/)
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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/ (http://www.savemassairsoft.tk/)
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.”
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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”.
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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.”
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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).
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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
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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
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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.
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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
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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