ATTENTION AIRSOFTERS
Within 48 hour the state of Massachusetts is having a hearing on state bill H.2040 (An Act relative to imitation firearms) on August 28th from 10:00am - 3:00pm.
This bill, if passed will redefine what constitutes as a “replica firearm” and ban the “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.”
This was brought to our attention by local players in the Massachusetts community and they have drafted a breakdown and a “what you can do, and here’s how to do it” step by step to help you guys not only stay informed but how you can make your voices heard.
Thank you to Colbat “the airsoft guru” for taking the time to draft this in hopes to keep your community vigilant.
We at AirsoftC3 stand behind the Massachusetts community in defending their effort to protect airsoft from this bill.
Here’s his break down.
So I heard the news that this issue was being brought up again in front of the Massachusetts Legislature last Friday night, as guests were arriving for the weekend. Unfortunately we have little time and many of the actors who helped kill the last bill are unavailable or predisposed. The public hearing on this bill will be Wednesday August 28 from 10-3pm. Short notice and inconvenient times are hallmarks of bills being rushed past the public.
The following is what the bill is in plain language, and what we can do about it.
Section 1-
Section one is typical of legislative language, basically amending existing code with new language.
Section 2-
Redefines what an imitation firearm is.
If this act passes, ANY object that can be construed as any (post 1898) firearm/airgun/BBgun etc MUST be
Brightly colored,
Brightly striped down the barrel,
and Permanently plugged in a way you can’t remove.
Section 3-
Bans the sale, importation, and manufacturing of replica firearms (as defined above) in Massachusetts to Massachusetts residents. (Except in use of inter-state commerce and theatrical productions; as defined, registered, and approved by the state and local authorities. Your airsoft game with a gopro does not count.)
Punishments-
This part is hard to understand.
Massachusetts is not giving up jurisdiction to the Federal Government on prosecuting violations of this act, but they are following the Federal Trade Commission’s punitive guidelines for Unfair/Dishonest business practices. In short, you’re looking at $10,000 per infraction (say, each “illegal” airsoft gun you sell, trade, import, or manufacture in MA)
AND/OR
PER DAY of non-compliance.
“It all seems so huge and unstoppable”
Last pass we were able to make our voices heard, showing representatives first hand that we are upstanding citizens who are not at risk of committing crimes, that the bill then and today does nothing to address any circumstance that has or is currently threatening the safety of Massachusetts, that the punishments wildly did not fit the proposed violations, and that Massachusetts, being a destination for airsoft enthusiasts from literally around the globe, would be shutting the door on tax revenue, tourism revenue, and closing many small businesses. By being polite, professional, and persistent, turning up the volume
via handwritten letters, emails, phone calls, and in person visits, we were able to generate MORE attention to this issue in 2016 than ANY OTHER ISSUE. It’s almost embarrassing, but one rep explained to us that you’d think this was the most important thing in Massachusetts in 2016. While I wish the great people of Massachusetts happiness and improvement in all of the ills that befall them, the fact is we - YOU- have to be willing to be heard on this and act now.
As an aside, think about the fact that we had such an impact on the Legislature being the hobbyists that we are, and consider getting involved in your regular political life as well.
“What to do”
Hand written letters-
Are hands down the most effective. They show a level of care and importance and a physical document of your position. We have 2 mailing days from this note to get mail to your reps. Do not ignore this because it is old fashioned or inconvenient.
Physical appearances-
Show up to the rally outside, or the meeting inside the State House on Wednesday Aug 28, 10-3. Dress professional, avoid “edgy” shirts or hats, or camo. We need the legislators to see what they would perceive as “regular people” who also participate in activities with these replica firearms.
If you intend to appear at your legislator’s office, call in advance for a meeting. You may be surprised that many will actually meet. During the course of the meeting, remain polite and professional.
Phone Calls-
Are an impactful way to express your opinion to the (staff primarily) of your representatives. Some reps actually may answer their phone. In any case you need to be brief, on message, and respectful, even if the person you are talking to are not people you would normally agree with.
Emails- Are less effective than mailers and calls but still remain impactful, especially since we have such little warning.
“What to say, I mean, I’m not a writer?”
To lead by example, here is a form letter you can build your own version of to send/speak/address to your representatives. By all means remain polite and professional; everyone of us represents each other in this fight, and the way our “opponents” may perceive us already will influence whether or not they will listen to our position. It sucks, but most communication we make is seen and judged before it is heard and understood.
*****
(Polite and respectful greeting- be accurate)
Dear ___Sir or Madam__Representative,
I am __Contacting_ you today to express concern about House Bill #2040, an act regarding replica firearms by Mr. Cullinane of Boston.
(Support Massachusetts, first responders, and be understanding of the motives/intent of the legislation)
I strongly support the efforts of the fine men and women of the Massachusetts homeland security and emergency response services, and understand the fear that drives legislation like this.
(Establish understanding of the bill, Lay out how this approach is ineffective and will have unintended consequences for tax paying citizens and visitors to Massachusetts; this is you showing them you are informed and reasonable)
However, in reading the bill’s text I have serious concerns about it’s intent, it’s efficacy, and it’s fundamental construction.
(Who we are as Massachusetts should see us and why we are concerned)
I am a member of a large community of pursuit-sports enthusiasts who safely enjoy the responsible use of replica firearms that this act would render illegal. We have legally obtained such replicas and to date, use them responsibly in supervised, insured locations that are purpose built to host their safe use. Massachusetts is home to many of these facilities, and the state has attracted players from around the region, the US, and the world. Some of these facilities support 600 person events several times a year. These facilities and the retailers that support them generate tax revenue, as do the tourists who come from all over to enjoy what Massachusetts has to offer us.
(what will it do to us/ unfair burdens)
I am concerned adoption of any provisions in bill 2040 would burden us unfairly, affect tax paying businesses unfairly, and damage the wider regional community who travels to and through Massachusetts to enjoy pursuit sports safely.
(It will be ineffective because/there is already a solution in place-)
To date, no threats to homeland security or pattern of crimes in Massachusetts or the United States have been committed by owners of said replicas. It is already illegal to purchase, transport, or possess these replicas without direct parental supervision for persons under 18, to use or brandish them in public, they come marked with an orange tip, and the law already punishes those who use these replicas in commission of a crime- typically aggravating charges and punishments as if the replica were a real firearm. We feel because of this climate, we responsible owners present no credible threat to Massachusetts, and the state has the proper tools in place to deal with irresponsible people who obtain and abuse these replicas.
(Summary)
In short, none of these proposed provisions would affect change in the security of Massachusetts, while any of them would crush an industry that thrives in this great state.
(Polite outro)
Thank you for your time, please consider that the good intentions of this bill are misguided and the impact of any of these provisions would damage our community and industry. I wish Massachusetts continued success and security, Thank you.
****
Of course, you can get more specific about any element of this bill- the bright colored striped barrel, the bright colored body, the permanent plug provision, or the $10,000/violation/day provisions are all poor tools to deal with a non-existent threat. Please vary your version up or come up with your own; the fact is the more similar our communications, the weaker they can be.
Contacting MA Representatives-
https://malegislature.gov/statehouse/contact
Joint Committee on Homeland Security-
https://malegislature.gov/Committees/Detail/J22/191
Public Hearing information-
(See the relevant date/time information in the link)
https://malegislature.gov/Bills/191/h2040
Thank you again and stay tuned for upcoming developments as they unfold.
- AirsoftC3 team.