reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.04 - Responsibilities of the Office of Alcohol Testing

Current through Register 1525, July 5, 2024
The Office of Alcohol Testing shall be responsible for, but not
			limited to:
(a) establishing and
		  maintaining a list of approved breath test devices in accordance with
		  Massachusetts General Laws and the National Highway Traffic Safety
		  Administration's list of conforming products;
(b) certifying approved breath test devices
		  annually;
(c) approving and
		  distributing all control standards used with such breath test
		  devices;
(d) establishing the
		  standards for training and/or certification of BTO(s), BTI(s), OIC(s), and
		  BTA(s);
(e) training BTI(s), OIC(s)
		  and BTA(s);
(f) creating and
		  maintaining the Breath Test Operator's Manual.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.05 - Requirements for Approved Breath Test Devices

Current through Register 1525, July 5, 2024
The Director shall approve the list of approved breath test
			devices. A device may be added to the list by the Director if it is on the
			National Highway Traffic Safety Administration's list of conforming products.
			The Office of Alcohol Testing shall maintain the list of approved breath test
			devices. The device shall have at least the following capabilities, but need
			not be limited to:
(a) analyzing
		  samples of alveolar or deep lung air;
(b) analyzing a control standard;
(c) performing subject breath tests in the
		  following sequence:
1. one adequate breath
		  sample analysis;
2. one control
		  standard analysis; and
3. a second
		  adequate breath sample analysis.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.06 - Breath Test Device Certification

Current through Register 1525, July 5, 2024
The Office of Alcohol Testing shall certify all breath test
			devices used in the Commonwealth. Such certifications shall be valid for one
			year. A valid certification shall contain the model number, the serial number
			and the effective date of certification. The breath test device certifications
			shall be noted on the report created at the completion of a valid breath test.
			This report shall serve as the certified record of the device and shall be
			admissible in a court of law.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.07 - Breath Test Operator (BTO): Training and Certification

Current through Register 1525, July 5, 2024
(1) The Director shall approve a uniform
		  statewide training and certification program for BTO(s).
(2) The approved BTO training program shall
		  be implemented by the Committee, the State Police Academy, and OAT, using only
		  instructors designated (BTI) by OAT.
(3) Upon successful completion of the
		  approved training program, the BTO shall be certified for three years. The OAT
		  shall maintain a record of such training and certification.
(4) A valid certification shall contain the
		  name of the certified operator and the effective date of certification. The
		  BTO's certification shall be noted on the report created at the completion of a
		  valid breath test. This report shall serve as the certified record of the BTO
		  and shall be admissible in a court of law.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.08 - Breath Test Operator (BTO): Certification Revocation

Current through Register 1525, July 5, 2024
The Director may suspend or revoke the certification of a BTO
			who fails to comply with the requirements of M.G.L. c. 90, § 24K, 501 CMR
			2.00 or the breath alcohol testing or training procedures established by the
			Office of Alcohol Testing.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.09 - Breath Test Instructor (BTI): Training and Designation

Current through Register 1525, July 5, 2024
(1) The Director shall approve a uniform
		  statewide training program for BTI(s). The program shall be implemented by the
		  Office of Alcohol Testing.
(2)
		  BTI(s) must be certified BTO(s).
(3) Upon successful completion of the
		  program, the Director may designate the candidate as a BTI. The OAT shall
		  maintain a list of all BTI(s) and shall maintain a record of such
		  training.
(4) BTI(s) shall be
		  responsible for training and certifying BTO(s) utilizing the training program
		  set forth by OAT.
(5) The Director
		  may remove BTI designation at his or her discretion.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.10 - Officer in Charge (OIC): Training and Designation

Current through Register 1525, July 5, 2024
(1) For each certified breath test device in
		  the Commonwealth, there shall be at least one designated OIC. The OIC(s) shall
		  be responsible for ensuring the breath test device is in proper working order
		  and shall act as the keeper(s) of the records for such device.
(2) The name(s) of the designated OIC(s)
		  shall be submitted in writing by the chief of police or designee of the
		  department or agency to the Office of Alcohol Testing. Any changes in this
		  designation shall also be submitted in writing to the Office of Alcohol
		  Testing.
(3) OIC(s) must be
		  certified BTO(s).
(4) The Director
		  shall approve a uniform statewide training program for the OIC. The program
		  shall be implemented by the Office of Alcohol Testing.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.11 - Control Standards

Current through Register 1525, July 5, 2024
(1) Only control
		  standards approved by the Office of Alcohol Testing shall be used with breath
		  test devices. The Office of Alcohol Testing shall provide an adequate supply of
		  such control standards and distribute the same to police departments and law
		  enforcement agencies throughout the Commonwealth. Each such control standard
		  shall be labeled with its expiration date, alcohol concentration and lot
		  number.
(2) The gas control
		  standard used as part of a valid Implied Consent Breath Test sequence shall be
		  manufactured at an alcohol concentration not to exceed 0.080% ± 0.006.
		  The test shall be considered valid if the analysis of the gas control standard
		  results in an alcohol concentration of 0.074% -0.086%. The results shall be
		  truncated to three decimal places.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.12 - Periodic Tests

Current through Register 1525, July 5, 2024
(1) The periodic test
		  sequence shall consist of five consecutive control standard analysis tests. The
		  results of the alcohol concentration of each of these tests must be in the
		  range specified in 501 CMR 2.11(2). The periodic test results shall be
		  truncated to three decimal places. This report shall serve as the record of a
		  valid periodic test that the device is working properly, and shall be
		  admissible in a court of law.
(2)
		  At a minimum, the OIC(s) shall initiate the periodic test sequence whenever the
		  control standard is replaced and after the breath test device is certified by
		  OAT.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.13 - Administration of a Breath Test: Requirements

Current through Register 1525, July 5, 2024
(1)
		  A breath test of an arrestee must be administered in accordance with M.G.L. c.
		  90, § 24K and 501 CMR 2.00. Neither the statute nor the regulations create
		  an obligation upon law enforcement to administer a breath test to a person who
		  has been arrested for operating a motor vehicle while under the influence of
		  intoxicating liquor or a related offense.
(2) An arrestee who has been offered a breath
		  test and who consents to submit to a breath test, shall be administered a
		  breath test using a certified breath test device within a reasonable period of
		  time.
(3) The BTO shall observe the
		  arrestee for no less than 15 minutes immediately prior to the administration of
		  the breath test. If the BTO has reason to believe the arrestee has introduced
		  any item into his or her mouth, the 15 minute observation period shall be
		  restarted. Also, if during the test sequence, the breath test device reports
		  the presence of mouth alcohol, the test sequence shall end. The 15 minute
		  observation period shall be restarted and a new test sequence shall be started.
		  This observation period is designed to allow the dissipation of mouth
		  alcohol.
(4) The breath test shall
		  be valid and the results admissible in a court of law if it complies with 501
		  CMR 2.14.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.14 - Administration of a Breath Test: Procedures

Current through Register 1525, July 5, 2024
(1)
		  The arrestee's consent to a breath test shall be documented by the arresting
		  officer or the BTO.
(2) The breath
		  test shall be administered by a certified BTO on a certified breath test device
		  as defined in 501 CMR 2.02.
(3) The
		  breath test shall consist of a multipart sequence consisting of:
(a) one adequate breath sample
		  analysis;
(b) one control standard
		  analysis; and
(c) a second adequate
		  breath sample analysis.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.15 - Breath Test Results

Current through Register 1525, July 5, 2024
(1) The results of the
		  analysis of each breath sample and control standard shall be truncated to three
		  decimal places.
(2) For the purpose
		  of determining the arrestee's BAC pursuant to M.G.L. c. 90, §24:
(a) if the two breath sample results are the
		  same, that result shall be truncated to two decimal places and reported as the
		  arrestee's BAC; otherwise
(b) the
		  lower of the two breath sample results shall be truncated to two decimal places
		  and reported as the arrestee's BAC.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.16 - Breath Test Refusal

Current through Register 1525, July 5, 2024
If after being advised of his or her rights and the
			consequences of refusing to take a breath test, the arrestee refuses to submit
			to a breath test, none shall be given. The Registry of Motor Vehicles (RMV)
			shall be notified of such refusal in a format approved by the Registrar. If at
			any time following an arrestee's initial consent to the breath test and prior
			to the successful completion of the test, the arrestee refuses to participate
			or declines to cooperate, the test shall be terminated and it shall be noted as
			a refusal. If the arrestee fails to supply the required breath samples upon
			request, the test shall be terminated and it shall be noted as a
			refusal.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.17 - Blood Test Refusal

Current through Register 1525, July 5, 2024
If after being advised of his or her rights and the
			consequences of refusing to take a blood test, the arrestee refuses to submit
			to a blood test, none shall be given in the absence of a court order or search
			warrant. The Registry of Motor Vehicles (RMV) shall be notified of such refusal
			in a format approved by the Registrar.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.18 - Blood Test Analyst (BTA): Training and Certification

Current through Register 1525, July 5, 2024
(1) The Director shall approve a training and
		  certification program for BTA(s). The OAT shall implement a training and
		  certification program for BTA(s).
(2) Upon successful completion of the
		  program, the BTA shall be certified for three years.
(3) The Office of Alcohol Testing shall
		  maintain a record of such training and certification. A valid certificate shall
		  contain the name of the certified analyst and the effective dates of
		  certification.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.19 - Blood Test Analyst (BTA): Certification Revocation

Current through Register 1525, July 5, 2024
The Director may suspend or revoke the certification of a BTA
			who fails to comply with the requirements of the written laboratory protocol
			for blood alcohol analysis.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.20 - Certificate of Blood Alcohol Analysis

Current through Register 1525, July 5, 2024
A Forensic Scientist of the Department of the Massachusetts
			State Police who has been certified as a blood test analyst shall provide
			certificates of blood alcohol analysis.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 3.00 - Privacy And Confidentially › Section 3.01 - General Provisions

Current through Register 1525, July 5, 2024
Please refer to
			801
			CMR 3.00 for the General Provisions of
			501 CMR
			3.00.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 3.00 - Privacy And Confidentially › Section 3.02 - Digitized Imaging

Current through Register 1525, July 5, 2024
(1)
Definition
. "Digitized Image", a computer generated
		  likeness of a data subject produced by scanning either the data subject or the
		  data subject's photograph.
(2)
Imaging
. A holder shall disseminate the digitized
		  image or photograph of any data subject, including the data subject's
		  signature, upon request, either in writing or by electronic transmission, by
		  any criminal justice agency as defined in M.G.L. c. 6, § 167 conducting
		  official business. 501 CMR 3.02(2) shall in no way limit any rights of any law
		  enforcement or criminal justice agency to obtain any other data as provided by
		  statute, regulation, or judicial order.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 4.00 - Hate Crimes › Section 4.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
501 CMR
			4.00 is promulgated pursuant to M.G.L. c. 22C, §
			33 ""the Hate Crimes Reporting Act"", pertaining to the collection and periodic
			reporting of hate crimes data.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 4.00 - Hate Crimes › Section 4.03 - Procedure for Reporting

Current through Register 1525, July 5, 2024
(1) Hate crimes
		  should be reported by state, local, and campus police, and other law
		  enforcement agencies to the Crime Reporting Unit of the Criminal History
		  Systems Board and the Department of State Police. The Crime Reporting Unit is
		  to serve as the repository of hate crimes reports, and shall bear
		  responsibility for disseminating hate crimes data as required by M.G.L. c. 22C,
		  § 33.
(2) Hate crimes are to
		  be reported to the Crime Reporting Unit through the Massachusetts Hate Crime
		  Reporting Form, a copy of which is annexed to
		  501 CMR
		  4.00 as Exhibit A. Reports should include the
		  information specified in the form: the date and time of a hate crime, all
		  evident bias indicators or whether the crime was a
per se
hate
		  crime, the type(s) of bias evident, the target of the hate crime, indications
		  as to an organized hate group or pattern of criminal activity, identifying
		  information regarding victims(s) and perpetrator(s), injuries suffered, and
		  weapons used, and the other crimes committed in the course of the incident. The
		  Crime Reporting Unit may revise and update the form from time to time,
		  consistent with M.G.L. c. 22C, § 33 and
		  501 CMR
		  4.00.
(3)
		  Police departments and law enforcement agencies should complete and submit a
		  hate crime report for each criminal act that appears to be motivated by bias
		  because of the presence of one or more bias indicators. The hate crime should
		  be reported at whatever point a bias motive becomes evident to responding or
		  investigating officers, or on a periodic basis at intervals not to exceed one
		  year. In some cases, a bias motive may be immediately apparent (e.g., a
		  synagogue defaced with anti- Semitic graffiti and swastikas); in other cases,
		  bias indicators may not appear until an investigation is concluded. The report
		  should be filed as soon as practicable, and should be filed even in cases in
		  which no hate crime or civil rights charges are referred or
		  prosecuted.
(4) If, after an
		  initial hate crimes incident report was submitted, additional information
		  regarding bias becomes available, an amended report or additional data or
		  information should be submitted to the Crime Reporting Unit.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 4.00 - Hate Crimes › Section 4.05 - Solicitation of Reports

Current through Register 1525, July 5, 2024
The Secretary of Public Safety shall solicit hate crimes
			reports from state, local, and campus police departments and other law
			enforcement agencies. This solicitation shall inform such departments and
			agencies of the need to report all incidents classifiable as hate crimes to the
			Crime Reporting Unit, together with all information requested by the
			Massachusetts Hate Crime Reporting Form. The solicitation shall occur at least
			once per year, prior to the close of reporting in preparation for publication
			of the Annual Report, and urge that all hate crimes for the reporting period be
			reported as soon as possible to be included in the Annual
			Report
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 4.00 - Hate Crimes › Section 4.06 - Procedures to Ensure Accuracy of Reports

Current through Register 1525, July 5, 2024
(1)
		  The Crime Reporting Unit shall solicit and receive reports of hate incidents
		  from reliable sources other than police departments and law enforcement
		  agencies (i.e., advocacy organizations and civil rights agencies) on a regular
		  basis.
(2) The Crime Reporting Unit
		  shall collect, tabulate, and report hate incident data from advocacy
		  organizations and civil rights agencies, separately from hate crimes data from
		  law enforcement sources. Hate incidents shall be reported through the Hate
		  Incident Reporting Form, a copy of which is annexed to
		  501 CMR
		  4.00 as Exhibit B. Reports should include sufficient
		  information to demonstrate that the incident is properly classifiable as a hate
		  incident-the date and time of the incident, the type(s) of bias evident, all
		  evident bias indicators, the target of the incident, indications as to an
		  organized hate group or pattern of hate-motivated activity, identifying
		  information regarding the victim(s) and the perpetrator(s), whether the
		  incident was reported to the police, and a narrative description of the
		  incident. The Crime Reporting Unit may revise the form at Exhibit B from time
		  to time, consistent with M.G.L. c. 22C, § 33 and
		  501 CMR
		  4.00.
(3)
		  Any incident, to be properly classifiable as a hate incident, must reflect
		  through the presence of one or more bias indicators a type of bias motive
		  enumerated at
		  501 CMR
		  4.02(3). The Crime Reporting
		  Unit shall reject Hate Incident Reports which do not reflect a bias motive as
		  enumerated at
		  501 CMR
		  4.02(3), or which do not
		  supply sufficient information through which a bias motive can be
		  ascertained.
(4) The Crime
		  Reporting Unit shall regularly share its hate crimes and hate incident data
		  with the Uniform Crime Reports Section of the FBI, and make these data
		  available to police and law enforcement agencies on request.
(5) To be entitled to report hate incidents
		  to the Crime Reporting Unit, advocacy organizations and civil rights agencies
		  must have representative [s] participate in training in the proper
		  classification of hate incidents. This training may be conducted by the Crime
		  Reporting Unit itself, or may utilize curricula developed by the Criminal
		  Justice Training Council with respect to classification of hate
		  crimes.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 4.00 - Hate Crimes › Section 4.07 - Dissemination of Hate Crimes Information

Current through Register 1525, July 5, 2024
(1)
		  The Crime Reporting Unit shall collect all hate crimes and hate incident data
		  reported by police departments, law enforcement agencies, advocacy
		  organizations, and civil rights agencies. The Crime Reporting Unit shall
		  forward hate crimes reports to the Attorney General on a regular
		  basis.
(2) The Crime Reporting Unit
		  shall summarize and analyze hate crimes data, and its summaries and analyses of
		  hate crimes data shall be organized on an annual basis into an Annual Report to
		  be distributed in accordance with M.G.L. c. 22C, § 34.
(3) Summaries and analyses of hate crimes
		  data prepared for the Annual Report shall reflect the following information:
(a) overall incidence of hate crimes for the
		  Commonwealth for the reporting period;
(b) incidence of hate crimes by city and
		  town, and by type of bias motivation indicated;
(c) incidence of hate crimes by type of
		  criminal act involved;
(d)
		  incidence of hate crimes by types of targets and injuries involved;
(e) statistical analyses of types of victims
		  by age, race/ethnicity, sex, and extent of injury;
(f) statistical analyses of types of
		  perpetrators by age, race/ethnicity, sex, and frequencies of arrests, and
		  convictions;
(g) incidence of hate
		  crimes by weapons used;
(h) trends
		  in the frequency, locales, and types of hate crimes reported;
(i) narrative, interpretive, and qualifying
		  elaboration of the information presented at a-h, and the overall hate crimes
		  data gathered for the reporting period.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 4.00 - Hate Crimes › Section 4.08 - Confidentiality

Current through Register 1525, July 5, 2024
The Crime Reporting Unit, in conjunction with the Criminal
			History Systems Board, shall assure that no disclosure of Criminal Offenders
			Record Information subject to M.G.L. c. 6, §§ 167 through 178 is made
			otherwise than in accordance with the provisions of said statute. Names of
			victims and perpetrators of hate crimes should not be reported to the Crime
			Reporting Unit on the prescribed form, in the course of the hate crimes data
			reporting. Crimes shall be referenced and identified by the case number
			assigned by the reporting agency, the time and date of the incident, and other
			particularized information.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 6.00 - Bona Fide Collectors Of Firearms › Section 6.01 - Do Not Limit Statutory Authority

Current through Register 1525, July 5, 2024
Nothing contained in 501 CMR shall be interpreted to limit the
			authority granted to the criminal history systems board or executive office of
			public safety by M.G.L. c. 140
et. al
and/or any other
			applicable provisions of the Massachusetts General Laws.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 6.00 - Bona Fide Collectors Of Firearms › Section 6.02 - Definitions

Current through Register 1525, July 5, 2024
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 purpose. For the purpose
			of issuance of a machine gun license the acquisition offirearms 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. c. 44, §§ 921-929 and 27 CFR Part 178
			shall be deemed a
bona fide
collector of firearms for the
			purpose of
			501 CMR
			6.00.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 501 CMR 7.00 is to provide rules and regulations
			governing the inclusion of firearms, rifles and shotguns on rosters of weapons
			referred to in M.G.L. c. 140, §§ 123 and
			131¾.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.03 - Development of Approved Firearms Roster

Current through Register 1525, July 5, 2024
(1)
		  A firearm may be considered for placement on the Approved Firearms Roster only
		  after the Secretary has received a final test report from an approved
		  independent testing laboratory certifying that the specified firearm make and
		  model has successfully completed all testing requirements in compliance with
		  M.G.L. c. 140, § 123 and 501 CMR 7.00, or the Secretary has determined
		  that the firearm is the functional equivalent of a previously approved firearm,
		  or has been tested by another state which has identical testing requirements of
		  the commonwealth, pursuant to 501 CMR 7.04.
(2) The Secretary shall maintain a list of
		  approved independent testing laboratories in accordance with 501 CMR 7.00. The
		  Secretary may add or remove a testing laboratory from this list in accordance
		  with 501 CMR 7.00.
(a) Such approved
		  independent testing laboratory shall not be owned or operated by a firearms
		  manufacturer or by an organization that seeks to promote or restrict firearms
		  ownership.
(b) Any testing
		  laboratory that seeks to be an approved independent testing laboratory shall
		  provide information to the Secretary regarding its capabilities and
		  objectivity.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.04 - Criteria for Placement on Approved Firearms Roster

Current through Register 1525, July 5, 2024
(1)
Testing
. The
		  testing of any firearm for placement on the Approved Firearms Roster shall be
		  done by an approved independent testing laboratory. The approved independent
		  testing laboratory shall, at the expense of the entity seeking to have the
		  firearm placed on the Approved Firearms Roster, test the firearm in accordance
		  with the testing requirements and submit a copy of the final test report
		  directly to the Secretary and to the GCAB. Satisfactory completion of the
		  required tests shall mean that a firearm make and model meets or exceeds the
		  testing requirements of M.G.L. c. 140, § 123 and 501 CMR 7.00.
(2)
Functional
		  Equivalent
. A firearm model shall be deemed to satisfy the testing
		  requirements if another firearm model made by the same manufacturer is the
		  functional design equivalent of a firearm model that has satisfactorily
		  completed the required tests, provided that the approved independent testing
		  laboratory certifies that the firearm model is the functional design equivalent
		  of another model already tested, and provides a written explanation for its
		  reasoning appended with all supporting documentation used to reach its
		  conclusion to the Secretary and to the GCAB.
(3)
Tests Required by Other
		  States
.
(a) If another state
		  requires testing which is identical to the testing required by the Commonwealth
		  of Massachusetts, and such testing is performed by an independent testing
		  laboratory approved by the Secretary, a final test report from the approved
		  independent testing laboratory to the Secretary and the GCAB that the specified
		  firearm make and model satisfactorily completed all testing requirements in
		  compliance with M.G.L. c. 140, § 123 will be sufficient for submission to
		  the GCAB without performing the tests again.
(b) If another state requires testing which
		  includes some tests identical to the testing required by the Commonwealth of
		  Massachusetts, and such testing is performed by an independent testing
		  laboratory approved by the Secretary, a final test report from the approved
		  independent testing laboratory that the specified firearm make and model
		  satisfactorily completed all testing requirements in compliance with M.G.L. c.
		  140, § 123 will be sufficient for submission to the GCAB without
		  performing again the portions of the testing requirements already performed as
		  part of the other state's requirements; provided, however, that any additional
		  tests required by the commonwealth but not required by the other state are in
		  fact performed by an approved independent testing laboratory.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.05 - Compliance with the Approved Roster by Licensees

Current through Register 1525, July 5, 2024
Any licensee that sells, rents, leases, delivers or offers for
			sale, rent, lease, transfer or delivery any firearm not an approved firearm
			shall be considered in violation of M.G.L. c. 140, § 123, except
			for:
(a) The sale, rental, lease,
		  transfer or delivery of an individual firearm as defined in 501 CMR 7.00 which
		  was lawfully owned or possessed under a license as defined in M.G.L. c. 140,
		  §§ 122, 129B, 131 and 131F prior to October 21, 1998;
(b) The delivery of a firearm to a licensed
		  gunsmith for the purposes of service or repair of a firearm or the return of a
		  firearm to its lawful owner after service or repair by a licensed
		  gunsmith;
(c) The return of a
		  firearm by a licensee to its lawful owner where that firearm was initially
		  delivered to that licensee for the purpose of consignment; or
(d) The sale, rental, lease, transfer or
		  delivery of a firearm listed on the Formal Target Shooting Firearms
		  Roster.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.06 - Appeals for Inclusion on or Removal from the Approved Firearms Roster

Current through Register 1525, July 5, 2024
(1) A person may petition the Secretary to
		  place a firearm on or remove a firearm from the Approved Firearms Roster within
		  90 days of the Secretary's original denial or approval for inclusion on the
		  Approved Firearms Roster. The Secretary's original denial or approval shall be
		  considered to take place upon the date of publication of the next edition of
		  the Approved Firearms Roster following the GCAB's recommendation to the
		  Secretary regarding denial or approval of the firearm at issue.
(2) Said petition shall include a written
		  explanation citing the rationale for the inclusion or removal of a firearm with
		  all documentation used to justify the request appended thereto.
(3) The Secretary shall not consider the
		  inclusion of a firearm on the roster unless the petition includes clear and
		  convincing evidence from an approved independent testing laboratory.
(4) The Secretary shall, within 45 days of
		  receipt of a petition, notify the petitioner by certified mail whether the
		  petition is approved or denied. If the petition is approved, the Secretary
		  shall include the make and model of the firearm on its list of all approved
		  firearms and on the next publication of the Approved Firearms Roster.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.07 - Form and Publication of the Approved Firearms Roster

Current through Register 1525, July 5, 2024
The form of the Approved Firearms Roster shall contain the
			following information:
(1)
Title
. Approved Firearms Roster.
(2) Effective month and year of the
		  publication.
(3) Notice that the
		  roster replaces all prior published rosters as follows: "This Roster Supersedes
		  All Previous Rosters."
(4) Notice
		  of criteria for placement on the roster as follows: "This roster has been
		  compiled in accordance with M.G.L. c. 140, § 131¾ and 501 CMR 7.00.
		  It contains weapons determined by Massachusetts approved independent testing
		  laboratories to have satisfactorily completed the testing requirements of
		  M.G.L. c. 140, § 123, clauses Eighteenth, Nineteenth, Twentieth and
		  Twenty-first. The reports resulting from said tests were reviewed by the Gun
		  Control Advisory Board and those makes and models listed herein were
		  subsequently approved by the Secretary of the Executive Office of Public Safety
		  and Security as having complied with the statutory handgun testing provisions
		  of M.G.L. c. 140, § 123."
(5)
		  Notice of publication method as follows: "Modifications to this roster are
		  likely to occur periodically, and licensees and law enforcement personnel
		  should always utilize the most recent roster for the purpose of determining
		  statutory compliance. The Approved Firearms Roster posted on the website of the
		  Executive Office of Public Safety and Security (
www.mass.gov/EOPSS
) will contain the
		  most recently approved models".
(6)
		  Notice of the Regulations of the Office of the Attorney General as follows:
		  "Massachusetts licensed firearms dealers should note that the transfers of
		  handguns are also subject to the Attorney General's regulations at 940 CMR
		  16.00:
Handgun Sales
. Firearms on this Approved Firearms
		  Roster do not necessarily comply with the requirements of 940 CMR 16.00.
		  Information about 940 CMR 16.00, as well as the Enforcement Notice may be
		  obtained from the Office of the Attorney General and may be accessed on the
		  website of the Attorney General (
www.ago.state.ma.us
)."
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.08 - Development of a Large Capacity Weapons Roster

Current through Register 1525, July 5, 2024
The Secretary shall develop and maintain, with the advice of
			the GCAB, a list of large capacity weapons, as defined by M.G.L. c. 140, §
			121.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.09 - Criteria for Placement on Large Capacity Weapons Roster

Current through Register 1525, July 5, 2024
The large capacity weapons roster shall contain a list of
			weapons approved by the Secretary, upon the advice of the GCAB, or other
			sources who have petitioned the Secretary, to have been originally manufactured
			as a large capacity weapon as defined by M.G.L. c. 140, §
			121.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.10 - Large Capacity Weapons Not Listed

Current through Register 1525, July 5, 2024
Weapons not listed on the Large Capacity Roster may also be
			large capacity weapons if they are semi-automatic, and are capable of accepting
			or readily modifiable to accept a large capacity feeding device. Weapons not
			listed on the Large Capacity Roster shall be considered large capacity weapons
			in accordance with M.G.L. c. 140, § 121, if they are capable of accepting
			a large capacity feeding device, or readily modifiable to accept a large
			capacity feeding device as defined by 501 CMR 7.02.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.11 - Form and Publication of the Large Capacity Weapons Roster

Current through Register 1525, July 5, 2024
The form of the Large Capacity Weapons Roster shall contain the
			following information:
(1)
Title
. Large Capacity Weapons Roster.
(2) Effective month and year of the
		  publication.
(3) Notice that the
		  roster replaces all prior published rosters as follows: "This Roster Supersedes
		  All Previous Rosters."
(4) Notice
		  of criteria for placement on the roster as follows: "This roster has been
		  compiled in accordance with M.G.L. c. 140, § 131¾. It contains
		  weapons determined to have been originally manufactured for the civilian retail
		  consumer market as large capacity weapons as defined by M.G.L. c. 140, §
		  121. Weapons not listed on this roster may also be large capacity weapons if
		  they are semi-automatic and are capable of accepting or readily modifiable to
		  accept a large capacity feeding device. Definitions of 'capable of accepting'
		  and 'readily modifiable to accept' are defined in 501 CMR 7.02."
(5) Notice of large capacity weapons and
		  exemption as follows: "NOTE: Unless otherwise exempted by M.G.L. c. 140, §
		  121, the term 'large capacity weapon' shall apply to all semiautomatic weapons
		  equipped with a large capacity feeding device, including any such weapons not
		  listed on this roster."
(6) Part I
		  of the roster shall have the heading "Firearms - Class A LTC Required" followed
		  by a list in order by manufacturers of large capacity firearms meeting the
		  criteria for inclusion on the roster.
(7) Part II of the roster shall have the
		  heading "Rifles and Shotguns - Class A or B LTC Required" followed by a list in
		  order by manufacturers of large capacity rifles and shotguns meeting the
		  criteria for inclusion on the roster.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.12 - Development of the Formal Target Shooting Firearms Roster

Current through Register 1525, July 5, 2024
The Secretary shall develop and maintain, with the advice of
			the GCAB, a list of those weapons designated as formal target shooting firearms
			as provided by M.G.L. c. 140, § 123.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.13 - Criteria for Placement on the Formal Target Shooting Firearms Roster

Current through Register 1525, July 5, 2024
The Formal Target Shooting Firearms Roster shall contain
			firearms designated by the Secretary, with the advice of the GCAB, as solely
			designed and sold for formal target shooting competition. The GCAB shall make a
			recommendation as to whether a firearm should be placed on the Formal Target
			Shooting Firearms Roster using the following criteria:
(1) In order for a firearm to be considered
		  for placement on the Formal Target Shooting Roster:
(a) the firearm manufacturer shall submit a
		  report to the GCAB that certifies by affidavit that the firearm is solely
		  designed and sold for formal target shooting competition; and
(b) the report shall identify specifications
		  and features of the firearm which make it a formal target shooting competition
		  firearm, including but not limited to the component requirements listed in 501
		  CMR 7.13(5) that are a standard part of that model firearm.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.14 - Appeals for Inclusion on the Formal Target Shooting Firearms Roster

Current through Register 1525, July 5, 2024
(1) Any person may petition the Secretary to
		  place a firearm on or remove a firearm from the Formal Target Shooting Firearms
		  Roster within ninety days of the Secretary's original denial or approval for
		  inclusion on the Formal Target Shooting Firearms Roster. The Secretary's
		  original denial or approval shall be considered to take place upon the date of
		  publication of the next edition of the Formal Target Shooting Firearms Roster
		  following the GCAB's recommendation to the Secretary regarding denial or
		  approval of the firearm at issue.
(2) Said petition shall include a written
		  explanation citing the rationale for the inclusion or removal of a firearm with
		  all documentation used to justify the request appended thereto.
(3) The Secretary shall not consider the
		  inclusion of a firearm on the roster unless the petition includes clear and
		  convincing evidence that the firearm meets all of the criteria required in 501
		  CMR 7.13.
(4) The Secretary shall,
		  within 45 days of receipt of a petition, notify the petitioner by certified
		  mail whether the petition is approved or denied. If the petition is approved,
		  the Secretary shall include the make and model of the firearm on its list of
		  Formal Target Shooting Firearms Roster.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.15 - Form and Publication of the Formal Target Shooting Firearms Roster

Current through Register 1525, July 5, 2024
The Formal Target Shooting Firearms Roster shall be published
			bi-annually and shall be available on the public website of the Criminal
			History Systems Board. It shall contain the following information:
(1)
Title
. Formal
		  Target Shooting Firearms Roster.
(2) Effective month and year of the
		  publication.
(3) Notice that the
		  roster replaces all prior published rosters as follows: "This Roster Supersedes
		  All Previous Rosters."
(4) Notice
		  of criteria for placement on the roster as follows: "This roster has been
		  compiled in accordance with M.G.L. c. 140, § 123 and 501 CMR 7.00. It
		  contains firearms which are exempt from the testing requirements described in
		  M.G.L. c. 140, § 123, clauses Eighteenth, Nineteenth, Twentieth and
		  Twenty-first, and which may be sold by Massachusetts licensees pursuant to
		  M.G.L. c. 140, § 123 and 940 CMR 16.00:
Handgun Sales
.
		  The makes and models listed herein were reviewed by the GCAB and subsequently
		  designated by the Secretary of the Executive Office of Public Safety and
		  Security as being solely designed and sold for formal target shooting
		  competitions."
(5) Notice of
		  publication method as follows: "Modifications to this roster are likely to
		  occur periodically, and Massachusetts licensees and law enforcement personnel
		  should always utilize the most recent roster for the purpose of determining
		  statutory compliance. The Formal Target Shooting Firearms Roster posted on the
		  website of the Executive Office of Public Safety and Security (
www.mass.gov/EOPSS
) will contain the
		  most recently approved models."
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 7.00 - APPROVED WEAPONS ROSTERS › Section 7.16 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
			of 501 CMR 7.00 is for any reason determined to be unconstitutional, contrary
			to statute, in excess of authority, or otherwise inoperative, such
			determination shall not affect the validity of any other article, section,
			subsection, sentence, clause or phrase of 501 CMR 7.00.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 8.00 - Standards for the Use of Electronic Control Weapons in the Commonwealth › Section 8.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				501 CMR
				8.00 is to establish rules and regulations governing
				lawful possession, minimum safety and quality standards, safe storage,
				education and safety training requirements, and law enforcement training in the
				use of electronic control weapons in the Commonwealth.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 8.00 - Standards for the Use of Electronic Control Weapons in the Commonwealth › Section 8.02 - Statutory Authorization

Current through Register 1525, July 5, 2024
501 CMR
				8.00 is promulgated pursuant to M.G.L. c. 140, §
				131J, requiring the Secretary of Public Safety and Security to promulgate rules
				and regulations governing electronic control weapons in the Commonwealth and
				the training of law enforcement on the appropriate use of such
				weapons.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 8.00 - Standards for the Use of Electronic Control Weapons in the Commonwealth › Section 8.03 - Definitions

Current through Register 1525, July 5, 2024
Authorized Law Enforcement Agency (Authorized
				Agency)
. A state, county, municipal or district law enforcement
				agency including, but not limited to:
(a) a city, town or district police
			 department, the office of environmental law enforcement, the University of
			 Massachusetts police department, the department of the state police, the
			 Massachusetts Port Authority police department, also known as the Port of
			 Boston Authority police department, and the Massachusetts Bay Transportation
			 Authority police department; (b) a sheriff's department in its performance of
			 police duties and functions;
(c) a
			 public or private college, university or other educational institution or
			 hospital police department;
(d) a
			 humane society police department in M.G.L. c. 22C, § 57; or
(e) any other law enforcement agency subject
			 to the Massachusetts Peace Officer Standards and Training (POST) Commission
			 certification requirements.
Authorized Law Enforcement Officer (Authorized
				Officer)
. Any officer of a law enforcement agency, including the
				head of the agency; a special state police officer appointed pursuant to M.G.L.
				c. 22C, § 57, 58 or 63; a special sheriff appointed pursuant to M.G.L. c.
				37, § 4, performing police duties and functions; a deputy sheriff
				appointed pursuant to M.G.L. c. 37, § 3 performing police duties and
				functions; a constable executing an arrest for any reason; any other special,
				reserve, or intermittent police officer; or any other law enforcement agency
				subject to the POST Commission certification requirements.
Authorized Law Enforcement Officer (Authorized
				Officer)
does not include state or county correctional officers
				designated to special operations or tactical teams within a state or county
				correctional facility.
Civilian
. Any individual who is not an
				authorized law enforcement officer as defined in
				50
				CMR 8.03.
Electronic Control Weapon (ECW)/Conducted Energy
				Devices
. A stun gun as defined in M.G.L. c. 140, § 121, or
				any portable device or weapon, regardless of whether it passes an electrical
				shock by means of a dart or projectile
via
a wire lead, from
				which an electrical current, impulse, wave or beam that is designed to
				incapacitate temporarily by causing neuromuscular incapacitation or pain so
				that an officer can regain and maintain control of the
				subject.