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From Metro West (http://www.metrowestdailynews.com/businessNews/view.bg?articleid=70651):
Regulations targeted gun stores
By Craig M. Douglas / News Business Writer
Sunday, June 13, 2004
As early as 1996, the attorney general's office knew its handgun regulations would hurt Massachusetts businesses, namely firearms dealers.
The AG's rules, which prohibit gun dealers and manufacturers from selling cheaply made and easily concealed handguns, were created to protect consumers from potentially dangerous firearms. Crafted under the watch of Scott Harshbarger, the state's top prosecutor between 1991 and 1999, the regulations were enacted shortly after the state passed a separate set of strict assault-weapons and gun-ownership laws in 1998.
At that time, the commonwealth's gun policies were considered the toughest in the country.
But in the months before the AG's regulations were drafted, Harshbarger's own staff voiced concern over the effect these rules would have on small businesses.
In a series of memos from Harshbarger's office, the proposed regulations were described as an "incredible publicity stunt" with "no compelling" reasons for enforcement.
Other documents obtained by The Daily News question the effects these regulations would have on consumer safety, adding that Harshbarger would look "foolish" when the media questioned his reasons for banning certain handguns.
"Why are we doing this to small businesses?" wrote Ed Cafasso, Harshbarger's director of communications, in a July 1996 memo to his co-workers. "What precedent does this set in terms of exposing other legitimate businesses to excessive regulatory intervention? ... How would you guys like to be Scott (Harshbarger) answering these questions at a news conference?"
Those sentiments were echoed, and continue to resonate, within the licensed gun community, where the prevailing sentiment is that the state has opted to eradicate gun violence by squeezing law-abiding gun dealers instead of cracking down on criminals.
The attorney general's consumer-protection regulations became effective in 2000, making it illegal for gun dealers to sell certain handguns. Ironically, those same weapons can be sold privately among residents with Massachusetts gun licenses today.
"The bottom line is it (the AG's regulations) confirmed what we always thought: They want to get at gun manufacturers and gun owners," said Nancy Snow, the chief of staff at the Gun Owners Action League in Northborough. "It's an absolute insult to the people of the commonwealth."
In a statement issued to The Daily News, Harshbarger defended the regulations, saying, "It only makes sense that a handgun should be subject to some of the same common sense safety standards that a child's stuffed animal is required to meet."
Harshbarger now heads the corporate governance practice at Murphy, Hesse, Toomey & Lehane, a law office in Boston.
A spokeswoman for the state's current attorney general, Thomas Reilly, declined to comment on the Harshbarger memos, saying they were written under a previous administration by people who no longer work in the AG's office. Reilly has continued to uphold and enforce those same handgun regulations.
Store closings are up
Several MetroWest gun shops have closed in recent months, while others have replaced their storefronts with lower-cost Web sites. Gun advocates blame the trend on state laws that make selling guns an unprofitable business in Massachusetts, adding that it only encourages dealers to test their luck in the loosely regulated Internet market.
As federally licensed vendors, these online merchants are able to step around the state's laws and regulations by selling weapons -- including those banned by the attorney general -- to gun dealers in other states.
And those same weapons can be brought back into Massachusetts without state regulators knowing.
Currently, there is no law requiring people to register their previously owned guns when they move to Massachusetts. For people with residences and gun licenses in several states, the loophole allows Massachusetts residents to legally own, buy and sell the very weapons "outlawed" in the commonwealth, as long as they purchase them in another state.
"If I had to guess, I'd say a majority of gun shops are doing something online," said Peter Dowd, owner of the Village Gun Shop in Northborough.
Once a prominent storefront for gun aficionados, the Village Gun Shop closed its retail operations last winter, opting instead to provide wholesale weapons for law enforcement personnel and online dealers.
"Around the state, I know quite a few guys who have gone online," said Eldon McElhiney, a bricks-and-mortar and Web-based gun retailer in Waltham. "I put pretty much everything I have up there (on his Web site), except for my new products.... If it goes bang, we sell it."
Like Dowd, McElhiney said the laws and regulations have accomplished little, adding that the AG's attempt to ban "dangerous" weapons has only opened new markets for the legal and illegal sale of weapons.
"The tougher they make it, the more they anger and unite the gun community," he said.
Gun-control advocates disagree, and they describe the calls for looser gun regulations as irresponsible. They also believe the complaints by gun dealers and manufacturers fly in the face of common sense.
"This isn't a backdoor way to get rid of gun dealers," said John Rosenthal, the founder of Stop Handgun Violence, a driving force behind the current state laws. "I honestly don't think these are onerous laws for responsible, honorable business people. There's a public good here."
Instead, Rosenthal said "big box" retailers like Wal-Mart are the real culprits putting small gun retailers out of business, offering slashed prices and an unparalleled selection for the average gun buyer.
His claims are dismissed by local gun dealers, who say their shops are tailored to people seeking quality service and unique products -- and not people looking for a bargain. They also take pride in offering more than just guns and ammunition.
"We settle all the issues of the world here," said Richard Callaghan, owner of Callaghan Firearms Sales in Marlborough.
Added Ted Oven, president of the Massachusetts Association of Firearm Retailers and owner of Northeast Trading Co. in North Attleboro, "If you want to go to Wal-Mart, you've got to brace yourself for a long wait. You've got to gut out two hours of your time."
Nonetheless, Jesse Caplan, chief of the attorney general's consumer protection and anti-trust division, agreed with Rosenthal's assessment, adding that the current policies target gun violence, not licensed business owners.
"What we do have in these requirements are certain performance and safety standards," he said. "Our first priority is to protect the public and protect consumers."
Since 1998, the number of licensed gun dealers in Massachusetts has dropped by more than 60 percent, to roughly 350 vendors, while gun-related crimes and injuries have skyrocketed by 27 percent.
Regulations targeted gun stores
By Craig M. Douglas / News Business Writer
Sunday, June 13, 2004
As early as 1996, the attorney general's office knew its handgun regulations would hurt Massachusetts businesses, namely firearms dealers.
The AG's rules, which prohibit gun dealers and manufacturers from selling cheaply made and easily concealed handguns, were created to protect consumers from potentially dangerous firearms. Crafted under the watch of Scott Harshbarger, the state's top prosecutor between 1991 and 1999, the regulations were enacted shortly after the state passed a separate set of strict assault-weapons and gun-ownership laws in 1998.
At that time, the commonwealth's gun policies were considered the toughest in the country.
But in the months before the AG's regulations were drafted, Harshbarger's own staff voiced concern over the effect these rules would have on small businesses.
In a series of memos from Harshbarger's office, the proposed regulations were described as an "incredible publicity stunt" with "no compelling" reasons for enforcement.
Other documents obtained by The Daily News question the effects these regulations would have on consumer safety, adding that Harshbarger would look "foolish" when the media questioned his reasons for banning certain handguns.
"Why are we doing this to small businesses?" wrote Ed Cafasso, Harshbarger's director of communications, in a July 1996 memo to his co-workers. "What precedent does this set in terms of exposing other legitimate businesses to excessive regulatory intervention? ... How would you guys like to be Scott (Harshbarger) answering these questions at a news conference?"
Those sentiments were echoed, and continue to resonate, within the licensed gun community, where the prevailing sentiment is that the state has opted to eradicate gun violence by squeezing law-abiding gun dealers instead of cracking down on criminals.
The attorney general's consumer-protection regulations became effective in 2000, making it illegal for gun dealers to sell certain handguns. Ironically, those same weapons can be sold privately among residents with Massachusetts gun licenses today.
"The bottom line is it (the AG's regulations) confirmed what we always thought: They want to get at gun manufacturers and gun owners," said Nancy Snow, the chief of staff at the Gun Owners Action League in Northborough. "It's an absolute insult to the people of the commonwealth."
In a statement issued to The Daily News, Harshbarger defended the regulations, saying, "It only makes sense that a handgun should be subject to some of the same common sense safety standards that a child's stuffed animal is required to meet."
Harshbarger now heads the corporate governance practice at Murphy, Hesse, Toomey & Lehane, a law office in Boston.
A spokeswoman for the state's current attorney general, Thomas Reilly, declined to comment on the Harshbarger memos, saying they were written under a previous administration by people who no longer work in the AG's office. Reilly has continued to uphold and enforce those same handgun regulations.
Store closings are up
Several MetroWest gun shops have closed in recent months, while others have replaced their storefronts with lower-cost Web sites. Gun advocates blame the trend on state laws that make selling guns an unprofitable business in Massachusetts, adding that it only encourages dealers to test their luck in the loosely regulated Internet market.
As federally licensed vendors, these online merchants are able to step around the state's laws and regulations by selling weapons -- including those banned by the attorney general -- to gun dealers in other states.
And those same weapons can be brought back into Massachusetts without state regulators knowing.
Currently, there is no law requiring people to register their previously owned guns when they move to Massachusetts. For people with residences and gun licenses in several states, the loophole allows Massachusetts residents to legally own, buy and sell the very weapons "outlawed" in the commonwealth, as long as they purchase them in another state.
"If I had to guess, I'd say a majority of gun shops are doing something online," said Peter Dowd, owner of the Village Gun Shop in Northborough.
Once a prominent storefront for gun aficionados, the Village Gun Shop closed its retail operations last winter, opting instead to provide wholesale weapons for law enforcement personnel and online dealers.
"Around the state, I know quite a few guys who have gone online," said Eldon McElhiney, a bricks-and-mortar and Web-based gun retailer in Waltham. "I put pretty much everything I have up there (on his Web site), except for my new products.... If it goes bang, we sell it."
Like Dowd, McElhiney said the laws and regulations have accomplished little, adding that the AG's attempt to ban "dangerous" weapons has only opened new markets for the legal and illegal sale of weapons.
"The tougher they make it, the more they anger and unite the gun community," he said.
Gun-control advocates disagree, and they describe the calls for looser gun regulations as irresponsible. They also believe the complaints by gun dealers and manufacturers fly in the face of common sense.
"This isn't a backdoor way to get rid of gun dealers," said John Rosenthal, the founder of Stop Handgun Violence, a driving force behind the current state laws. "I honestly don't think these are onerous laws for responsible, honorable business people. There's a public good here."
Instead, Rosenthal said "big box" retailers like Wal-Mart are the real culprits putting small gun retailers out of business, offering slashed prices and an unparalleled selection for the average gun buyer.
His claims are dismissed by local gun dealers, who say their shops are tailored to people seeking quality service and unique products -- and not people looking for a bargain. They also take pride in offering more than just guns and ammunition.
"We settle all the issues of the world here," said Richard Callaghan, owner of Callaghan Firearms Sales in Marlborough.
Added Ted Oven, president of the Massachusetts Association of Firearm Retailers and owner of Northeast Trading Co. in North Attleboro, "If you want to go to Wal-Mart, you've got to brace yourself for a long wait. You've got to gut out two hours of your time."
Nonetheless, Jesse Caplan, chief of the attorney general's consumer protection and anti-trust division, agreed with Rosenthal's assessment, adding that the current policies target gun violence, not licensed business owners.
"What we do have in these requirements are certain performance and safety standards," he said. "Our first priority is to protect the public and protect consumers."
Since 1998, the number of licensed gun dealers in Massachusetts has dropped by more than 60 percent, to roughly 350 vendors, while gun-related crimes and injuries have skyrocketed by 27 percent.