Current through Register 1536, December 6, 2024
Section 7.04 - Criteria for Placement on Approved Firearms Roster(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.Amended by Mass Register Issue 1309, eff. 3/25/2016.