Current through Register 1527, August 2, 2024
Section 16.02 - Unfair or Deceptive Practices(1) It shall be an unfair or deceptive practice for any handgun-purveyor, in conjunction with the transfer (or offer to transfer) of a handgun to a consumer in the Commonwealth, to fail to comply with M.G.L. c. 93A, 940 CMR 16.00et seq., or any other existing local, state, or federal statute, rule or regulation whose implementation serves to protect consumers from unfair and deceptive practices by means including, but not limited to, regulating conditions of sale, precluding the sale of products when such sale will place purchasers in violation of the law, demanding the disclosure of information, and ensuring the satisfactory condition and non-contraband status of goods proffered for sale. Examples of the above include laws, regulations, and rules that: (a) forbid the sale of handguns to juveniles, addicts, or mentally incompetent individuals,(b) forbid the sale of silencers, armor penetrating bullets, or machine-gun pistols (when possession by purchasers will be unlawful),(c) forbid participation in any way in the obliteration of serial numbers from handguns prior to sale,(d) forbid the sale of handguns whose serial numbers have been defaced,(e) require sellers to keep records of handgun sales,(f) forbid sellers from delivering or transporting handguns loaded, or(g) forbid the delivery of handguns to the custody of a minor.(2) It shall be an unfair or deceptive practice for a handgun-purveyor to make material misrepresentations or make false certifications regarding any handgun offered for transfer.