CMP 1911 Bill Refiled
Representative Tim Whelan has refiled a bill (currently HD 228) that would allow MA LTC holders to acquire the CMP 1911 .45ACP pistol. GOAL has received many calls on this from members and non-members asking why MA is the only state that the CMP won’t ship the 1911 to. Please read the summary below for an articulate explanation.
GOAL has put forth information on this bill and many other bills. It will be crucial that citizens contact their elected officials via calls and emails, advocating for this bill and more. Please visit GOAL - GOAL's Legislation Chart
Do consider dropping Representative Whelan a note thanking him for his assistance. [email protected]
An Act Relative to the Civilian Marksmanship Program
Section 123 of Chapter 140 of the Massachusetts General Laws is hereby amended by inserting a new paragraph:
Notwithstanding any general law, special law or regulation to the contrary, firearms furnished through the Civilian Marksmanship Program as established by the United States Congress shall be eligible for transfer by a licensee.
SUMMARY:
For many decades the Civilian Marksmanship Program has provided lawful citizens with historic rifles. For the first time, the program has approved the transfer of pistols through a very rigid system. However, there is a significant problem here in Massachusetts that can be easily addressed through this proposed legislation.
Problem with Massachusetts: There are two distinct problems with CMP handguns being transferred by a licensed retailer in Massachusetts.
- Unless a handgun was lawfully possessed in Massachusetts prior to October 21, 1998 or is specifically classified as a target pistol, the manufacturer must submit each model for testing under M.G.L. Section 123, Chapter 140. Since the historical handguns being furnished through the CMP are already in circulation and may have been manufactured by several companies there is no one to submit them for testing.
- The Massachusetts Attorney General’s Office also has regulations regarding the manufacture and sales of handguns within the commonwealth, 940 CMR 16.00. Like the statutory testing requirements, there is no company that can certify the handguns meet the regulatory requirements.
CMP Doubles Up on Background Checks:
The first NICS check makes sure the customer can legally possess the 1911 type pistol prior to shipping it to the local 01, or 02, or 07 FFL dealer. The CMP, Congress, and the United States Army do not want the 1911 to have to be shipped back to CMP 1911 if the purchaser is not legal to possess. The more in transit the pistol is, the more likely it could be lost or stolen. The second NICS check is performed by the local 01, or 02, or 07 FFL in accordance with their standard transfer procedures. (In Massachusetts the second check would also include all state requirements for background checks and licensing.)
CMP’s enabling legislation mandated by Congress specifies that the purchaser “successfully pass a thorough and complete background check”, i.e. NICS. CMP cannot turn any firearm over to the purchaser until it receives a “proceed” from NICS, the local FFL can turn the pistol over after 72 business hours have elapsed if they have not heard back from NICS. Turning the pistol over after 72 hours and not getting a “proceed” does not satisfy CMP’s enabling legislation mandated by Congress. This leaves CMP no choice but to have a NICS check done and get a “proceed” to satisfy its enabling legislation, before shipping to the local 01, or 02, or 07 FFL.
History of the Civilian Marksmanship Program (CMP): In February 1903, an amendment to the War Department Appropriations Bill established the National Board for the Promotion of Rifle Practice (NBPRP). This government advisory board became the predecessor to today’s Corporation for the Promotion of Rifle Practice and Firearms Safety, Inc. that now governs the CMP. The 1903 legislation also established the National Matches, commissioned the National Trophy and provided funding to support the Matches. This historic legislation grew out of a desire to improve military marksmanship and national defense preparedness. President Theodore Roosevelt, Secretary of War Elihu Root and NRA President General Bird Spencer were among the most important supporters of this act.
