More Regulatory Changes - "Bona Fide Collector"

[GOAL]

Newly Proposed “Bona Fide Collector” Regulations​

The Patrick Administration through the Executive Office of Public Safety and Security has proposed yet another change in regulations regarding firearm issues. This particular change would alter 501 CMR 6.00 MACHINE GUN LICENSE BONA FIDE COLLECTORS OF FIREARMS. This regulation determines who is eligible to receive a machine gun license under Chapter 140, Section 131(o)(ii) and 131 (p).
(o) No person shall be issued a license to carry or possess a machine gun in the commonwealth, except that a licensing authority or the colonel of state police may issue a machine gun license to:
(ii) a bona fide collector of firearms upon application or upon application for renewal of such license.
(p) The executive director of the criminal history systems board shall promulgate regulations in accordance with chapter 30A to establish criteria for persons who shall be classified as bona fide collectors of firearms.

While the intentions of the newly proposed regulations are not spelled out, what is clear is that they will further restrict machine gun license holders.

Comparing the current regulations and the newly proposed, the administration is removing the words “demonstration” and “test firing” from the regulatory language. The new language also adds the ability of licensing authorities to establish restrictions on the license and set further conditions on the actual licensing. This is the same abused authority that is currently given to local licensing authorities over Licenses to Carry.

To understand what is being done here we must cross reference several things (all found below):
1. Sections 9, 11, 12 and 15 of the Governor’s legislative package H.4102 “An Act to Reduce Firearm Violence” that deal with changing the laws regarding machine guns, and
2. The last sentence of the proposed Firearms Exhibition regulations, and
3. The proposed regulations concerning “Bona Fide Collector”

After reviewing these items collectively, it appears that what the administration is attempting to establish is a license that might allow a citizen to possess a machine gun, but that the licensee would never be allowed to fire it. For certain, they would never be allowed to let anyone else fire it.

Once again, the citizens of Massachusetts are facing a systematic erosion of our Second Amendment rights and the continuation of a culture of government that continually abuses and persecutes lawful citizens. GOAL urges our members to oppose these regulations and the combined effort of the Patrick administration to erode our rights.

The regulations are scheduled to have a public hearing on Monday, July 20, 2009 at 10:00 am at the Massachusetts State Police Headquarters, 470 Worcester Road, Framingham, MA 01702. To submit written comments in advance of the hearing, please send them attn: Catherine Bailey, Assistant General Counsel, Executive Office of Public Safety and Security, One Ashburton Place, Room 2133, Boston, MA 02108. An official copy of the proposed regulations may be obtained from the same address.

Current Regulatory Definition:
Bona Fide Collectors of Firearms: A “bona fide collector of firearms”, for the purpose of issuance of a machine gun license, shall be defined as an individual who acquires firearms for such lawful purposes as historical significance, display, research, lecturing, demonstration, test firing, investment or other like purposes. For the purpose of issuance of a machine gun license the acquisitions of firearms for sporting use or for use as an offensive or defensive weapon shall not qualify an applicant as a bona fide collector of firearms. An individual licensed pursuant to 18 U.S.C. Chapter 44 Sections 921-929 and 27 CFR part 178 shall be deemed a bona fide collector of firearms for the purpose of this regulation

Newly Proposed Regulation Definition:
Bona Fide Collectors of Firearms: A “bona fide collector of firearms”, for the purpose of issuance of a machine gun license, shall be defined as an individual who:
(a) I licensed to carry firearms pursuant to M.G.L. c. 140, S 131:
(b) Is licensed to engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, or is a person licensed to be a collector of curio and relics pursuant to 18 U. S.C. c. 144, SS 921 through 929 and 27 CFR Part 478;
(c) Meets at least one of the following criteria
1. Is an individual who can demonstrate that he collects firearms for investment purposes; or
2. Is an individual who can demonstrate that firearms are necessary for historical display or research or lecturing conducted by the individual; and
3. Is subject to such license conditions and restrictions as the licensing authority deems proper.

Newly Proposed Firearm Exhibition Language
Firearms Exhibition means any event held at a sporting or shooting club or facility open to the general public or to non-members where firearms, rifles, shotguns or ammunition, all as defined in M.G.L. c.140 § 121, are provided to attendees for the regulated shooting on the premises of the said sporting or shooting club or facility.
(2) Machine Guns. The use of machine guns, as defined in M.G.L. c.140 § 121, is prohibited at any firearms exhibition.

Sections of H.4102 pertaining to changes in the machine gun laws:
SECTION 9. Section 129C of chapter 140, as so appearing, is hereby amended by inserting after the word “purpose”, in line 84, the following words:- , provided, however, that nothing in this subsection shall allow for the holding, handling, or firing of a machine gun by any person other than a person licensed to possess a machine gun under section 131(o) or police personnel receiving instruction from a firearm instructor certified by the municipal police training committee or the colonel of the state police.

SECTION 11. Section 130 of chapter 140 of the General Laws, as so appearing, is hereby amended by 70 inserting after the word “shotgun”, in line 8, the following words:- or machine gun

SECTION 12. Section 130 is hereby further amended by inserting after the word “years”, in line 28, the following words:- ; and provided further, that nothing in this section shall allow for the holding, handling, or firing of a machine gun by any person other than a person licensed to possess a machine gun under section 131(o) or police personnel receiving instruction from a firearm instructor certified by the municipal police training committee or the colonel of the state police

SECTION 15. Section 131 is hereby further amended by striking out, in lines 341-347, subsection (o) and inserting in place thereof the following subsection:-

(o) No person shall be issued a license to carry or possess a machine gun in the commonwealth, except that a licensing authority or the colonel of the state police may issue a machine gun license to an individual who possesses a valid license to carry under this section and is:

(i) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel;

(ii) a bona fide collector of firearms upon application or upon application for renewal of such license; or

(iii) a law enforcement officer employed by such licensing authority or a law enforcement officer employed by or appointed as a special state police officer by the colonel.

 

[one-eyed Jack]

Get your 03s and green cards NOW while you still can. Jack.

 

[center442]

Lovely, just freakin' lovely. Let's add even more byzantine regulations to one area of firearms ownership (full auto) that is already one of the most heavily regulated in the PRM.

Deval doesn't even have the cojones to just come right out and ask for a ban. Oh, no, we're not banning machine guns...we're just going to make owning or firing one so onerous that no one will be willing to jump through all the hoops required to do so.

What's really sad is that proposals like this don't even surprise me anymore. If the universe ever needed puss drained from a boil on it's buttocks, just call on Massachusetts...we suck enough to drain anything!

 

[Pilgrim]

(iii) a law enforcement officer employed by such licensing authority or a law enforcement officer employed by or appointed as a special state police officer by the colonel.

oh good. Any cop can get a permit but peons can't.

 

[clinotus]

Most of it is fairly straightforward, but the kicker for me is #3, is this verbiage new?

3. Is subject to such license conditions and restrictions as the licensing authority deems proper.

Does the open or allow the licensing authority to place unreasonable restrictions upon the application for licensure?

Such as you must have an alarm system and safe? You cannot have children in the home? Items must be stored in their component pieces...etc...

 

[Sinitron]

What is going ON in that administration? It seems like every day I get a GOAL alert E-mail now.

 

[namedpipes]

What is going on? Our Governor is a flim-flam man.

 

[JRyan]

You know, there are more pressing issues he should be dealing with.

I have no words for my distaste for him. He's a clown, but a dangerous clown.

The state is circling the drain and this utter jackass is worried about machine gun exhibits. I'm sure this is a talking point in the making for him.

 

[MassMark]

What are we to do?

 

[one-eyed Jack]

What are we to do?

Buy insurance in the form of every frigging license and permit available. That's what I've done for the last 50 years. I know, it's much more difficult now. Jack.

 

[Sinitron]

Buy insurance in the form of every frigging license and permit available. That's what I've done for the last 50 years. I know, it's much more difficult now. Jack.

Well said.

 

[clinotus]

What is going ON in that administration? It seems like every day I get a GOAL alert E-mail now.

Maybe its fear? What is most interesting is while the rest of the nation is rushing out to get armed and pushing the firearms and associated industries to record profits as communities and people arm themselves in light of higher crime, uncertainty, and a renewed interest in the freedoms afford to us by arms...that the Massachusetts legislature misses the point completely and continues ignore criminality and a massive budget shortfall but instead focus on criminalizing and persecuting its citizens. Maybe they see the writing on the wall.

 

[terraformer]

Buy insurance in the form of every frigging license and permit available. That's what I've done for the last 50 years. I know, it's much more difficult now. Jack.

By the time we do everything we need to do for this, it would be too late. C&R is 3-4 months. Licensing BS at the PD, 45 days min. These regs will be completely finished by then.

I refuse to get a C&R and so I am doubly screwed as that is needed to "prove" I am a bona fide collector. Believe me, anyone who has seen my gun safe knows I am have more than some nice toys and am a true collector. F' that.

ETA: Plus, we can't keep up. That license is $500 + $100 per year if my memory serves me. I can't make enough money right now to buy the stuff I want to buy, save for the really cool toys and stay licensed just in anticipation. I am tapped out right now and this piece of shit in the governors mansion knows if he pushes hard enough, enough will stick to make it even more difficult.

 

[terraformer]

Maybe its fear? What is most interesting is while the rest of the nation is rushing out to get armed and pushing the firearms and associated industries to record profits as communities and people arm themselves in light of higher crime, uncertainty, and a renewed interest in the freedoms afford to us by arms...that the Massachusetts legislature misses the point completely and continues ignore criminality and a massive budget shortfall but instead focus on criminalizing and persecuting its citizens. Maybe they see the writing on the wall.

Actually, they may be getting the point because Cadillac Devil's bills have gone nowhere. These are all regs.

 

[clinotus]

Actually, they may be getting the point because Cadillac Devil's bills have gone nowhere. These are all regs.

I didnt realize that they were so powerless as well. You know what I meant.

 

[Rob Boudrie]

By the time we do everything we need to do for this, it would be too late. C&R is 3-4 months. Licensing BS at the PD, 45 days min. These regs will be completely finished by then.

In practice, this proposal is little change from the status quo - you will get a green card only if your local PD wants you to have one. The track record of people getting district courts to overrule chief's decisions not to issue MG licenses is dismal and just meeting the "C&R holder = bona fide collector" definition is generally not enough to convince a judge to overturn a denial.

 

[LoginName]

Get your 03s and green cards NOW while you still can. Jack.

I get the impression that obtaining a green card now (or currently having one), isn't going to matter as they're not creating a new permit but are changing the terms/conditions of the permit itself.

Not that it matters... many of us had FID cards prior to 98, look how they yanked the rug from under us with that one.

 

[Rob Boudrie]

I get the impression that obtaining a green card now (or currently having one), isn't going to matter as they're not creating a new permit but are changing the terms/conditions of the permit itself.

A significant change is that it removes any ambiguity as to the ability of a non-MG licensee to fire a MG under the supervision of a green card holder by explicitly prohibiting such activity.

 

[ShadeWPI]

Newly Proposed Regulation Definition:
Bona Fide Collectors of Firearms: A “bona fide collector of firearms”, for the purpose of issuance of a machine gun license, shall be defined as an individual who:
(a) I licensed to carry firearms pursuant to M.G.L. c. 140, S 131:
(b) Is licensed to engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, or is a person licensed to be a collector of curio and relics pursuant to 18 U. S.C. c. 144, SS 921 through 929 and 27 CFR Part 478;
(c) Meets at least one of the following criteria
1. Is an individual who can demonstrate that he collects firearms for investment purposes; or
2. Is an individual who can demonstrate that firearms are necessary for historical display or research or lecturing conducted by the individual; and
3. Is subject to such license conditions and restrictions as the licensing authority deems proper.

You have to meet the first 2 articles and at least one of the last 2 articles:

1. Is an individual who can demonstrate that he collects firearms for investment purposes; or

2. Is an individual who can demonstrate that firearms are necessary for historical display or research or lecturing conducted by the individual; and
3. Is subject to such license conditions and restrictions as the licensing authority deems proper.

That means if you're qualifying by "Demonstrating that firearms are necessary for historical display, research or lecturing that you are subject to such license conditions and restrictions as the licensing authority deems proper. If you qualify by the first article - can demonstrate that he collects firearms for investment purposes, article 3 doesn't apply.

Having a C&R FFL should qualify as a demonstration that you collect firearms for investment purposes. If you meet article B, you should definately meet the requirements for Article C.1

(b) Is licensed to engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, or is a person licensed to be a collector of curio and relics pursuant to 18 U. S.C. c. 144, SS 921 through 929 and 27 CFR Part 478;

 

[ShadeWPI]

A significant change is that it removes any ambiguity as to the ability of a non-MG licensee to fire a MG under the supervision of a green card holder by explicitly prohibiting such activity.

Yup, knee-jerk reaction to the 8-year old kid who shot himself with a sub-machinegun this past year.

 

[Len-2A Training]

Please see the following post for the attachment with exact EOPS wording. There is at least one error in transcription that I saw in what is posted above.

http://www.northeastshooters.com/vbulletin/showpost.php?p=998137&postcount=165

 

[securityboy]

ETA: Plus, we can't keep up. That license is $500 + $100 per year if my memory serves me.

What license are you talking about?

C&R is $30 and good for 3 years

Mass "green card" is same cost as LTC and same duration...

 

[one-eyed Jack]

What license are you talking about?

C&R is $30 and good for 3 years

Mass "green card" is same cost as LTC and same duration...

The S.O.T. (tax stamp) is $500 per year. Allows the FFL to deal in NFA stuff. Plus the cost of the FFL itself. Plus everything else. Not cheap to be in this business, especially if you don't make any money at it. So, at 74 I still work full time to have and enjoy what I want. Jack.