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HomeMy WebLinkAbout2020-07-07 Supplemental Narrative SPR E SUPPLEMENTAL AND RESTATED PROJECT NARRATIVE- SPECIAL PERMIT' Petitioner: MMD Shooting, LLC 210 Holt Road North Andover, MA 01845 Jennifer Thomson Owner: Holt Road LLC 210 Holt Road North Andover, MA 01845 Jeff Thomson Petitioner submits this supplemental narrative in response to questions and concerns posed by the Zoning Board of Appeals and the Planning Board. Pursuant to North Andover Zoning By-law Section 195-4.14.1, 195-8.1 LA(3),Table 1- Summary of use Regulations and Section 195-10.7 A, the Petitioner is seeking Site Plan Review with Special Permit to allow a recreational use in an Industrial 2 Zone. Site Description and History The subject parcel is identified on Assessors Map 77 as Lot 14 and contains approximately 7.77 acres (338,608 sf) of land. The parcel was created in 2007 by an 81X Approval Not Required (ANR) plan which combined four lots originally created in 1984. The parcel is improved with three (3) buildings, associated paving parking and utilities, herein called buildings 1, 2 and 3. Building I is a two story block structure and is the subject of this application. Building 2 is the Thomson Brothers Industries, Inc(TBI) CID processing scale house building and Building 3 is the TBI CID processing facility which was recently damaged by fire. Building 1 received a Notice of Decision (NOD) from the Planning Board for Site Plan review on July 15, 1985. The NOD indicated that the owner would occupy 1/3 of the space and lease the remaining.The building was subsequently sold to TBI and then to their Limited Liability Company Holt Road, LLC. TBI currently has their offices in Building 1. Building I is serviced by municipal water and an on-site septic system. The building has 36 parking spaces including 2 handicap accessible spaces. Proiect Description The Petitioner wishes to convert approximately half of Building 1 (7500 sf) into an indoor shooting range, The shooting range will include a small 25-ft x75-ft addition off the back-left a ** All revisions and supplemental information to original Project Narrative are noted. 1 side and will occupy both floors. The attached conceptual architectural floor plans depict the general interior layout where as the site plans illustrate the exterior improvements. Parking Analysis ** In order to address some inconsistencies contained in the Site Plans, Narrative and Architectural Plans which were originally submitted concerning the parking calculation, the Petitioner has revised its Narrative and Plans. The MMD Shooting business is divided among several use categories as shown in the "Table of Off-Street Parking Regulations" in Section 195-84 of North Andover Zoning By-Law. These categories include Recreational, Office, Retail, member lounge, and Educational. The remaining building area will continue to function as an office and maintenance garage for TBI. The Petitioner calculated the number of off street parking spaces required at 52 total and revised Table I below to reflect the correct use, category and parking space requirements. TABLE 1 USE CATEGORY REQUIRMENT QTY SPACES REQUIRED MDS Shooting ....-......._.._..-----_.....-------. .......... Other business Business Office or office not 3 per 1000 sf 356 sf 1 listed Retail Sales Other retail not 3.5 per 1000 sf 1275 sf 4 listed Shooting Ranges Recreational 1 per 3 Participant Participants 17 Training Room Educational 0.35 per student plus 1 30 students 11 + 1 — 12 per 2 em to ees 1 trainer Member Lounge Public 0.25 per person 594 sf or 24 6 assembly members TBI Office Office 3 per 1000 sf 931 sf 3 Other industrial Maintenance Garage & 1.5 per 1000 sf 6094 sf 9 transportation (assumed) uses not listed Total 52 2 �I i In accordance with the Planning Board Department's Special Permit-Site Plan Review Instructions, we offer the following response to written documentation requirements: Encouraging the rrrost appropriate use of land; The subject parcel is in an industrial park near the runway of the Lawrence Municipal Airport, the closed North Andover Town landfill, and the Wheelabrator incinerator. The nearest residence is approximately 2250-ft (0.5 miles) southeast of the proposed project. The property is currently developed with three (3) structures along with associated paving and utilities. The subject parcel Industrial-2 zoning has(2) overlay uses adult entertainment and medical marijuana, Preventing overcrowding of land, The subject parcel contains 7.773 acres of land area of which 13.5-percent (45,125 sf) is covered by building structures. The proposed project will increase the building coverage by only 1,875 sf and the site coverage to 14-percent. Conserving the value of land and buildings; Due to the limited project scope, we do not believe there will be any impact on the value of the subject or abutting properties. Lessening congestion of traffic; The project is located off of Holt Road in an industrial park. Holt Road has adequate width and traffic signaling to accommodate the proposed use without increasing traffic congestion. Preventing undue concentration of'population; The project does not contain a residential component and will not increase the Towns' population. Providing adequate light and air; The proposed project will not alter existing natural light and/or air circulation. Reducing the hazards from fire and other danger, A majority of the work will be installed in an existing building according to the most recent building and fire codes. We submit that this renovation/addition will decrease fire hazards by using a compliant fire suppression system and fire retardant building materials. 3 f I Assisting in the ecolrolnical provisiolr of transportation, water, seierage, schools,panes, and other public facilities; As stated previously the project will not place added encumbrances on Town Services - having no effect on transportation, water use, sewerage, schools,parks and other public facilities. As a new business MMD will only further diversify and increase the towns commercial tax revenue base. Controlling the use of bodies of ivater, including watercourses; This project will not have an effect on any bodies of water. Reducilrg the probability of losses resulting froin floods; The project is not in a FEMA flood hazard district and there will be no increase in the probability of flood losses. Reserving and increasing the amenities of'the Town; The project will provide the residents of North Andover and surrounding communities a venue in which they can safely use fire arms and to acquire additional training and proficiency with the fire arms they already possess in a controlled environment and under supervision. The Applicant will also offer a discount to first responders. ZB Section 195-10.7A (1) -Special Permits Conditions for Approval The special permit granting authority shall not approve any such application for a special permit unless it finds that, in its judgement, all the tbllowing conditions are met; (a) The specific site is rrrr appropriate location for such arise, structure or condition; The proposed use will occur within an existing building located at 210 Holt Road. The subject site is within an existing industrial zone near the airport, incinerator, landfill, and C1D recycling facility. We believe the proposed use is in harmony with the existing industrial uses in the area. (b) The use as developed will not adversely affect the neighborhood, The neighborhood is an existing industrial zone near the Town of North Andover Police Department, Lawrence Municipal airport, trash incinerator, closed trash landfill, and CID recycling center. The proposed use fits in well with the area and will have no detrimental impact on adjacent properties. We submit to the Board that this is in fact the ideal location for such a use as the property in question has other unique zoning overlay uses - adult entertainment and medical marijuana. (c) There will be lto nuisance or serious hazard to vehicles orpedestriants; The shooting range(s) will be completely enclosed within the existing building structure. The range will be outfitted with noise suppression technology and gun fire should not be audible outside the building. 4 d All patrons will park in the off-street parking stalls and there will not be any pedestrian traffic on Holt Road. Parking stalls, walks and aisles have been designed in accordance with good engineering practice keeping pedestrian and vehicle safety in mind. (d) Adequate and rq)propriate facilities will be provided for the proper operation of the proposed use; The existing building has all the necessary utilities required to operate this business including potable water, electricity, communication and on site sewerage. The building's interior space will require retrofitting and build to accommodate the proposed use. The Petitioner respectfully requests North Andover Planning Board (acting as the SPGA) issue a Special Permit as allowed in the Zoning By-law under; ARTICLE 8 SUPPLEMENTARY REGULATIONS Part I—OFF STREET PARKING AND LOADING Section 195-8.8 Paragraph D (5) (a)2 a) Common parking areas and inultiple use facilities *** The proposed reconfigured site contains a total of forty three (43) parking spaces, Only sixteen (16) of these spaces are to be allocated to TBI for its office and maintenance garage. The Petitioner is seeking a waiver of the parking standard thereby allowing a reduction of nine (9) parking spaces. Section 8.8 D (5)(a) allows for a reduction if it can be determined that the hours, days, or peaking parking demands are so different that a lower total will provide adequately for all uses and activities. The Petitioner submits that the proposed shooting range peak level of operation (evenings and on weekends) is directly opposite to that of the office/maintenance garage hours. As such, the staggered parking demand on the site allows dual use of the TBI allocated spaces, thereby justifying a reduction from the standard calculation of 52 spaces to 43 spaces proposed by the Petitioner. Additionally the Petitioner respectfully requests the following waiver from the requirements of the North Andover Zoning By-law under: ARTICLE 8 SUPPLEMENTARY REGULATIONS Part 3 —SITE PLAN REVIEW Section 195-8.14, Paragraph E z The original submission to the Planning Board contained a typo, as it states Section 8.4 D (5)(a), instead of Section 8.8 D (5)(a) 5 (7) Wavier of storntivater drainage map The proposed site work will not create additional impervious area nor change drainage patterns, Stormwater generated from the existing paved surface will continue to flow to the existing drainage system that was part of the design of the construction and demolition debris recycling and transfer station facility that began operations in 2009. (8) Waiver ofStorrnwaterinanageinentplan As stated, above drainage patterns will not be altered as a result of this work and site has system in place. (16) Waiver of'Landseaping Plan. The existing landscaping will not be altered. (19) Waiver of Traffic Impact study Traffic generated by this activity will not negatively impact the level of service on Holt road or Osgood Street. (22) Waiver of Fiseal Impact The project will not have a negative impact on any Town services and no impact on the schools system. The project may have a positive impact on Police training due to proximity and accessibility granted current Police officers. (23) Waiver of Community Impact A majority of the work involves interior modifications except for a small addition to the back of the building. The site is in an industrial zone and as such this work will have zero community impact in terms of use and aesthetics. "Licensing, Governance and Oversight In order to operate a shooting range under state law, the Petitioner must obtain a license from the North Andover Chief of Police, as the local licensing authority pursuant to G. L. c. 140, §56A. In addition, the Petitioner must obtain a license to sell firearms and ammunition from the Chief of Police pursuant to G. L. c. 140, §§ 122 and 122B. True and accurate copies of G. L. c. 140, §56A and G. L. c. 140, §§ 122 and 122B are attached and fully incorporated herein. Once the Petitioner is licensed as a range operator and gun and ammunition dealer it is subject to and must comply with all applicable laws and regulations. The Petitioner may only hold in inventory and sell firearms which are listed on the roster of approved firearms by the Executive Office of Public Safety and Security(EOPSS)and only those firearms compliant with the Attorney General's consumer protection regulations on firearm sales may be stored or sold. The Petitioner must also, among other things, maintain records and report all transactions of firearms sales to the Massachusetts Department of Criminal Justice Information Systems (DCJIS), which monitors compliance and reports any issues to the Chief of Police or the ATF for investigation. 6 d i i In accordance with G. L. c. 140, §123, the North Andover Chief of Police, as the local licensing authority, is in charge of ensuring that the facility has adequate security and safety measures in place and is in compliance with established protocols. The Chief of Police, as local firearms licensing authority may suspend or declare forfeited such license if the firearms dealer and range operator is found in violation. A true and accurate copy of G. L. c. 140, §123 is attached and fully incorporated herein. "Noise Control, Lead Containment and Air Quality Control Noise The noise levels within the facility will not exceed the 85 Decibels dBA over an 8 hour Time Weighted Average standard allowed by the U.S NIOSH(National Institute for Occupational Safety and Health. All employees, members and guests to the facility will be required to wear hearing protection as well as eye protection at all times when inside the range area. In addition, the range will be designed and constructed to contain virtually all noise within the facility. See attached specifications and analysis of Port One Architects, Inc, which are attached and fully incorporated herein. Lead Containment and Air Quality The range will be designed and constructed using the most efficient and safe materials to ensure containment of ballets, minimization of airborne dust particles and ricochets while also providing for internal noise levels within the range at levels comfortable for users. See attached specifications and analysis of Port Architects, Inc. which are attached and fully incorporated herein. The OSHA General Industry Lead Standard establishes specific airborne lead exposure levels for employees and visitors where airborne lead may be present. The Permissible Exposure Limit (PEL) for lead is 50 micrograms of lead per cubic meter of air as an eight-hour time-weighted average. The OSHA Action Level (AL) for lead is 30 micrograms of lead per cubic meter of air as an eight-hour time-weighted average, which triggers other provisions in OSHA standards including exposure monitoring, medical surveillance and testing. Proper ventilation and maintenance of ventilation and exhaust systems and filters significantly reduces airborne lead exposure to employees and visitors. The range will be designed and constructed using an HVAC system that minimizes potential lead exposure inside the facility and ensures not lead particles escape outside. Clean Aire Technology, Inc., 185 Maid Street BELMONT NH will work with Port-One on design of the range ventilation system. Clean Aire has worked with other shooting 7 i ranges including: Peinigewasset Valley Fish & Game, Holderness, NH, Pioneer Sportmen's Club, Dunbarton, NH, Marshfield Rod & Gun, Master Class Shooting Supply, and Pearl River Rod and Gun. The American Conference of Governnnental Industrial Hygienists (ACGIH) is the standard for ranges that we typically use to insure best results. The 50--75 FPM across the cross sectional area is our starting point. We typically provide for 75% filter and recirculate and 25% exhaust with 25% make-up air heated. See attached depiction specifications and analysis of Port One Architects, Inc. and Clean Aire Technology which are attached and frilly incorporated herein. 8 li 1©-! Industrial Vent4l2tlOn Q W 8� Q � 0minimun - 50HW; but not less than 20 cfmfsq ft of room cross sectional area Notes., Make-up air. distribution; Uniform air distribution necessary. Perforated rear wall or ceiling plenum system preferred. Where grills or diffuser are used, terminal velocity near firing line must not exceed 50 fpm NOSH certified dust respirator for lead is necessary during clean-up and lead removal from bullet trap. Acoustical material on walls, ceiling and thick fabric on bench top are recommend0d AMERICAN CONFERENCE OF GOYERNMENTAL INDUSTRIAL HYGIENISTS INDOOR PISTOL AND SMALL BORE RIFLE RANGE VENrILA71ON DATE /—78 VS`9I4 ..................._.................................. - ... ...... ......... - - 1 pA A. PLAN ENTITLED: 'REVISED PLAN OF NFSTON INDUSTRIAL R THE SITE Is SHOWN ON THE APPROVAL NOT REQUIRED PLAN C. PLAN ENTITLED: 'PLAN OF LAND M i PARK—NORTH ANDOvM MA";PRSPAREO FOR; N9REM ENT11UE0: 'PLAN OF LAND IN NORTH ANDOVM ANDOVER MASS, OWNED BY: D.& 1 REALTY,INC.;PREPARED BT ROBERT C.COODWIN,RLS MASSACHUSETTS,210 HOLT ROAD- PREPARED BY: O'NEGl O-REAL ESTATE TRUST;SCALE t O GATED: JU4Y 11.1984: SCALE: 1'=100':NORTH ESSEX ASSOCIATES: PREPARED FM HOLD ROAD LLC; SCALE 1"�20, OATS JUNE 1969; 1) COUNTY REGISTRY OF DEEDS PLAN NUM019t 9$72. 1'-40•;DATED:SEPTEMBER 1t,2007; LAST REVSEM PREPARED BY: G F.GOODWN. OCTOBER 01.2007.F400ROM OCT03ER 111.2007 AT NORTH RECORDED OCTOBER 10,1969 AT ESSEX COUNTY REGISTRY OF DEEDS AS PLAN NUMBER THE ESSEX No.DISTRICT REGISTRY ROAD PL-15aO7.THE PLAN S ENDORSED BY THE PLANNING BOARD DEEDS As PLAN NUMBER 809. I'SOI-IOLJT 50 1N74£ \ u of NORTH ANDOVERL 19643V%,MD ert M p scoNCRSTE .x.olT LOCUS MAP Sow 0 w LC J�f�jf _. .. 9W Ll/Co 0 8 AS 9qW Rt� n1a•oeo-v �o � � OFf10Es wglNAt SHOO GRANGE NIP Z FL S SF a LM.T.REALTY TRUST T '', R�cREATI `17• 210 HOLT ROAD RETA Lr1250 N.ANDOVER,MA �r50C - ROAD VOLz906PG-9A / GARAGE Im M .34 Lot PENANCE' 1,PtAK'+ MAP.7.Lot 14 MAPnI.Qrxo- MA51'I{1300O S.F.) `, (5EE�LATOUA - - AREA=7.79AG.i uvu iw v6pi'W>tFJVC VIl'xuma of0.>; n.R.n JPtt 1Wo.f 3.+o,f c� 'I �1 Rnal s.N o0f ttiw twra I:lt✓ 1 .% BL1lLD '�DI��I'4 ALA' MIX Tvwars Pawn F.. C1>�tt•Ea.PX.I w�W.na 11-1�i- `• CWOEIL WOOL Tb[ -uMPSrLL" l ' FAOPQiDPAMOfDR _..�.�>� ..r....�.,. As 91O.N s a's•w� �moas•w - ZONINGANALYSISr - �. Ns•x iP.M8uie0iNQ t1 DY=ti 93s AL1I3aoaa la C13N9455731i590llWY1 - .r_�.��_ m�� R a W a • ' LEGEND mxu.INOusrwALxtm z� r= Q • �••�-• �^ �� �1 � sl6-V•r ram'• .. 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MMDSHOOTING soc Teo SITE DEVELOPMENT PLAN D 40 ad O 114 Swc Road,Building B ewA o"m MMo sPioar Nam, c GREEN Sagamom Beach,MA 02562 nm mte 21 OHOLT ROAD FtTH HANDO MA QFEXI SPAa wA — — SEAL r T-I:(508)588-6033 TRR Re 12= NORTH ANC-CvM -n�Ls�c.Lfw,rcPLVLuc,x.Lrw,Lnluo,wr.,Ls .y F=(508)888-1506 y MADI845 Deeds in Book 9103 Pages 233 ,x,,,,,,,gwCnv,=m PLOT PLAN 301 and in SnOk 1D373, Page 33?. 1'=40' SHOOTING RANGE PROJECT 210 HOLT ROAD NORTH ANDOVER, MA 01845 W 0.N£GIGTRY US[9NlY i - I r SITE SITE IN 1�1R E I,PAL ARP Ti ,�� VICINITY MAP LOCATION MAP USGS MAP I+'Of'r45CA4E 1"=2000' I"Anol OCTOBpE�R, 2019 •W0.0vE0 S'TiESOWNOF NO0.iNwV00VEH (REV..l} PRE-PAkfiD BY: wrrsuaMmE� LIST OF ARAWINGS w�ECNao�-.gym �ppNMs � Green Seal Environmental Inc. TITLE SHEET i 14 State Road,Mlding B _z GREEN c Sagamore Beach,MA oe m3 E IX15nNG EET G-1 9 ISTlNG CONARIONS CIA&C11 SEAL T&(508)888-603b �- PROPOSER CONARIANS C-2 as tip -lsrr F=(508)888-1506 ARCHITECTURAL A=LAL2&A•2.1 w'w w'gseem'.com A TOWN OG fuOR��u00wPt A��nei BwM "`WWW ....... ......... - - .. - I - RouT Q °iZ�A a wsod It _ •Y. nE .•— 'iy5yti LOCUS MAP 0 _ •—• � '. ate. � Q K.' e.�-"sr -��' R.Nscnwo�•.' � c�masce Fa.m,B it nc. � ti'uM• ..•+tl^ siwaw � �, c! .///� // /'/�Y ��'� '�_', �c •w_�� Is+a.���.Bin ftzwz T.,50haRf6}d Ii� °`�' V.� I � I}' `U/ ` ��' _� - w mvamv� �_✓ r..um�reo-�w. K _(PAVE6 , REM4WS....w.••wr.....w.. OVER) . \ �F WMMa'T t /zGRG catsys.Riwrti a°G z°wrvG or �p�'mosFa -` ` Wry WfIPANs t` 1 xlc umT Rona v 0.N9pICR lAa �' 9URaINGtl1 -.�V � N .nu�u.w. —'o]' e G,tl_GVwkfl F -------- i MAP]r i4rF � ��ppNC[ —.._----_— GFWL`.000 SF i I MMO SHOOTING SITE DEVELOPMENT PLAN 210 Holt Road 1 i __ _ ti\' I m'PI 4- -- _ ' -� - - u•~ °_�.-�-c North Andover.MA 1 i __ i I '• � a '� 'Q_), �r�.'s•f __ E)CSTINGCONDITIONS PLAN 51 RµHwGa'R'u i m_w'v N 5k_Wuoge w.e` \ _-_ 4`=•.��'-. _e..re.o... - `�S a..+r. -4�-` ,+ + arwWn: ows _-"�_ � _ _ ? arur�xuw.ut MMD SHOOTING,LLC `� •, ., ofo �: _ _-________- ^_"A1 �•_- _ __ NAP 210 Holt Road North aTr nF IawR1N[[aRP4RrcarMesga .oaR°.'nme.iHc raNxacxoRrNaPcawrn Andover, --- - -------- - _ CRxPfLCSCnLE °nrcGueMirrzu MA 01845 •\ •\ � Gn.GaNF pgi[arRROv'[II __ 4aaRNGaR[A (pylMl:i1 :\ SOC -. -—- 091=019 NOTE .tea " raaw +>'cuauaaas>«owacx,H ® �M ....-^.- ..-r<tl� oa roarHsrmoreN acwaPm mou+xr�xww.:nox vuuRir.RHisG o •.c.o� * t+' 1'=30' Nm�MPJcanlaR:rvrzNomia e[rN[cGMrurc � fi9 m'GS'raRr°x urruncs ixrw:saRrwrt�sn�[v�cNrs b �nnm.0 �¢�rmur�w�o�cnsox°°oR�ver sNEeT: wurusrwuun wM E ariaw �w„,y,' x�wo MR REGl LSE ONLY G`_1 1 LCGFNO —1.�� RIAN ftFiEAEYCES —°---o:wx ulv[ � n.NL,mnm:-cMsrvn.+arwarox:Nnusro-..Fv.cs�.axsN.xowu. 1�fr L 0 6 S°"EJ1�E 4 —s—wu.c mnwa,nwa:xaarx.Jkrr.IxcrwxRm ar:m)cttanwowix.us: / ,�2• tP)ByyC,,,�c i —w.—ow+*u°Ynu :'�'xLTiLLs.°:�r."'_�:m':x°xrx ttuxmuxTr ar°Isrnrar°¢os O anvx:�rvousr.vcana b. r�csrrtlsv:owx cNsxc.uraaatxm RocuwmruN wFmrovux o� 4.pur�w4o E. uwow xoasx+xoanR.xxFss,o�uxrb).naxa�F aoa•:.nFv.Rm an m�:°W .NW` —.—uwxuxRrcxa wssop,Frrs;sem.Rc°wmxwa re.o ucswti•+c:oa>En:smirue>Aw � ]�•� �wW �i gws'aLVGm:acrosrnm,xcorr¢mvaEoocro)Ea u.mm�rNwrx Yj 4 ������`fDGFOFwLMNDS ¢S COM'nfGFisfxrOF 0EYp5A5rwx xuYe°t PS-LSBai.TVE hANG � - --- - -�nxamx,°x. u+aammxrFxcwvwnxamaFneFxRNmNroRvea j � � 1 � r rN>o,r,Fx„.�,aWx©m.asYxuL�rAr� _ �'V'�/�rxetuxc i�usr:sccei:xv�c.w°frc;u�Ev®..xa.FrsnsreF.aoee,.w.xcmr°m /' - _ _�: - _ _ L ocmecR w,J9cn.rraauxxv-p:smcrarc�mnar°®swsrux xuueEa _ - LOCUS MAP _ oa.w m�w.o<c � j'� � `�j56jr 9- ��� � ere.R seal Emtrenmenallnc r'� uas�•Rooaawlc�nas uTo�awx FLOOD INMWATIAY jf •" '* uir t SAF.+morc BNM.NA°JSG! p I:iWTCwL[ TN4�ff1�4B1}GJYUO'MT(�bAccwi � : L - .I�� MrM1rRATIORr,¢JlCX � 5� T FeI:ISptlll[-f�¢ Wwwc � wlfttiNgFs�i �F�4N� � i �` Lc.uw.Le•Lr x.s�a 1 ../ ��Ia.bxsw '„`���r y,`��, �ocsw,u= aawiFny��i"/'�" �,v ' � ,.� ..w.,w•.Ya.x,.�:........�a.` r-_�- \_�-`_ _ `+•Si0 L `-m \\ I6v19 Se CCYYLYF '1Ysror's "- x6aa.a .u.n„r uxco' ��. w--__ AUARa<eox ¢• 1 �- "_ ����~"J0' `�lA� /•wv.=6bxl�����' �' '�RNFLLAa[I6._±�• �L , yTpx __ I �3•"'!!, _ .IL / �ZLOT"R"AREA / - _ _ _ _S�5?ALES���--�^•- 1.9AG2 •F WCMNMIINC Wm1TNR011Gli Wlf • `I� � '.I Ili���___" � I/ 1oGlr[D BY+N1xSTR°MENi WRdY `s •` t`___----'---rr-1 I 'l`� -mZ- x�Duxcr�vx`wo 1; NMENTALRK ox,uxr5. vacvEn: MMDSHOOTING wuss SITE DEVELOPMENT PLAN Holt Road wAnLwAn" _ _� II sm ilI .�• ,j. �. / / �• '' w�u wax) North OAndover,MA NowwsrnN: � i'�l II I t a w.n,a �6u:ACT�.'wue �• �c�". x 1 I wLF s� s� �wtJ)a I l I Y�� ,I �` 1f1FAN t b`G / �WIF9 _�• w[ryANCS EXISTING CONDITIONS i 'P g� PLAN Na9)ID FCC ° y arr° '� \'^`JB �O� _---�6•NWA )'�+/ WLf) // �('�•�'' CfIYOFUWRFNCFn�C°MAV41°N li•NON "�//�•e1 WREAN06 �• urU(�tt: NC _ � _ '"•.uvf1 j� '• MPR6,E°°Y MET6.ttt OFN°RTMMiWJCR �R"" ]VIVID SHOOTING,LLL el- _ 1 ER Lon `'r obre wc°Recr 210 Holt Road North - ARFn7.isnc.x p51E Andover, _8 / MA 01345 '! ` ___` _- .rats �,•t,� x.Axaa .or� �g F SDC ~ � iu✓•~___._� •I y w:ry OF xOmn'�vmaK,x fORAE415TRYV5E ONLY ~ LJIYDF vwR[N[CNRa°RTCOMMlS5N1N � I• MAP]a LOrxa .r -- - _%j� :�� . �• ,aNxa,.Nx cNnJxffcsr rF; d � 1'=30' C-1.2 -- �•� _,��'���6�� ,mom-Ja R ................................ ............... 901-01,11111115;9 Es FOR RECi Y USE ONLY LOCUS MAP '75 Wx'T 7: .M 7 ;T; �Oux�Tl e� xn L.T, Wrx 210 HOLTROID v�c 210HOLTROAD�N%P 34 14 AREAz7.79AC-2 MEMO SHOOTING N 210 Hair Road North Andover,MA PROPOSED CONDITIONS PLAN .J=k335 -—--—-- MMO SHOOTING,LLC 210 Hair Road North ZO WNGANALYSIS PARKING SLIMARY TABLE Andover, A 01945 po.NG as 3swm.r --a 17 SDC TBD 0.37 =,A -1 xm sumo ws�a-r:a ON o— -M g 131e 3 GRAMCSCALE 1- 30' SHEET.. ws C-2 Attorney Kevin P. Foley' P'C. 246 HiGn STREET 4 Nmvu RYPoPT, MASSACHUSETT5 01950 ,January 31, 2020 BY 'NfA11, Charles PP, Gmy, Chiel'of Police Town of North Andover Police Depart€ icn( 1 175 Os000d Street North Anclover, NMA 01845 Rice; ,Jj pI ivallon of'11ML),Shooting, LLC'fr)r•,5j)eeiuI Perinit,fi r Indoor.S iming l`e'crnge crl HO 11611 iioa d, 1V()j-(fi, neIover I)car Chiet'Gray: I represent the Petitioner, Jennifer Thorson and MMD Shooting, LLC, and Jeff Thomson. Manager of Holt Road LLC, the property owner of 210 Holt Road.North Andover regarding the application for a Special Permit before the North Andover Planning Board and Zoning Board of Appeals, During recent hearings before the Planning Board and Z13A, we were requested to contact you directly for your input rcgardinls the propcssal, We would certaiIlly vgtltie, any questions, concerns, comments or intuit or guidance from you as we proceed through the Peranitting }process. Our Next hearing before; the ZBA is March 10, 2020, The next hearing before Planning is March 24, 2020. .1 have copies of everything submitted to elate and can provide you with any updated €nlormation.as it becor es availablo. Please Contact me with any questions or conccrr2s. Very truly yours, ((,Vin P, holey I':i�closures: Kl'/Beet cc: ,lennifcr Thomson, by email ,1el'I'Tho€nson, by email Planning Board Zoning Board of appeals OFFICE 978-462-7076 * FACSIMILE 978-462-9061 Questions and Answers: What federal,state or local agency is in charge of ensuring a firearms dealer Is in compliance with the list of approved firearms, ammunition and accessories allowed for sale in Massachusetts? The chief of police is the licensing authority,and has authority to suspend or declare forfeited a license.At the state level, in accordance with G.L.c. 140,§131%and 501 CMR 7.00, the Executive office of Public Safety and Security("EOPSS")promulgates the Approved Firearms Roster based on testing conducted by the Gun Control Advisory Board and approved by the Secretary of Public Safety and Security. The Massachusetts Department of Criminal Justice Information Systems("DCJIS") receives an electronic transmission of the record of every sale and therefore monitors compliance with that official Roster. Information can be reported from the DCJIS to the town or ATF for use in investigations or inspections. The Bureau of Alcohol,Tobacco, Firearms&Explosives("ATF")is the relevant federal entity with oversight of gun sales,The scope of ATF's enforcement activity involves federal regulations on commerce of firearms in general,rather than on whether a particular entity complies with a state imposed law,such as the Executive Office of Public Safety and Security. How often its the Chief of Police expected to inspect a firearms dealer's operations and record keeping? General Laws c. 140,§123 provides that as a condition of a firearms dealer license,the dealer's book of sales records shall be open to the police for inspection at all times. Currently,there is no specific law mandating the frequency of such inspection. Effective January 1,2021, however,the licensing authority shall be required to enter"one time per calendar year,during regular business hours"to inspect the dealer's records and inventory, Are Firearms Dealers permitted to display guns in the window?No. Massachusetts law prevents firearms dealers from displaying guns in the store window.See G.L.c.140,§123. What are the applicable state laws on selling firearms? b License to sell firearms—G.L.c.140,§122 License to sell ammunition—G.L.c.140,§122B Y Conditions of licenses—G.L.c.140,§123 What requirements apply to employees of the gun shop?To work in a gun shop,a person less than 18 years of age must have the prior written consent of a parent or guardian,and that consent must be in the person's possession at all times while working.The parent or guardian providing consent cannot themselves be prohibited by law from possessing a firearm. Massachusetts also requires any person who sells ammunition to obtain a valid license.The Chief of Police may grant a license after a criminal history check,to anyone who is not: an alien; a minor;a person who has been adjudicated a youthful offender,Including those who have not received an adult sentence; or a person who has been convicted of a felony in any state or federal jurisdiction, or of the unlawful use,possession or sale of narcotic or harmful drugs.The license must specify the street and number,if any,of the building where the business is to be carried on,The Department of Criminal Justice information Services(DCJIS)conducts the background check, and the Police Department must send DCJIS a copy of the license. What about security for the store Itself?Are the doors kept locked at all times,do you have to be buzzed in,how are guns a nd ammunition stored inside the facility?Safety glass on the outside windows?(Basically,how do they protect against break-iris or people who don't belong in the store gaining access/entry?). It is the responsibility of a firearms dealer and shooting range operator to work in conjunction with the local police chief,the licensing authority,to develop a security plan.As indicated above, Massachusetts requires all guns to be stored in a safe manner. In addition,a firearms dealer may not display guns in the window. In the attached letter to firearms dealers dated December 22,2015 the Attorney General outlined some of the applicable laws for firearms dealers. 1 I THE COMMONWEALTH OF MASS ACHUSETTS w l M n OFFICE OF THE .ATTORNEY GENERAL x � . ONE ASHBURION PLACE'. Bc?tiTON, MAStiACH[)tif"t'TS (}?_. EC)b I MAIIIZA HLALFN TEL: (617) 727-2200 ATfOFth1 Y Cir:NfltAL 1'A' 1'ri'IFkSS. 01'/flg(1 December 22, 2015 i Dear Sir/Madam: I write to express to you, the licensed firearms dealers of Massachusetts, my commitment to keeping guns away from those who pose a danger to themselves and to others. Since the tragedy at Sandy Hook Elementary School three years ago, nearly 100,000 people in America have been killed with a gun. For me, this is a public health crisis and acting to address it is a moral imperative. There are simply too many guns that are too easy to obtain. Gun transactions in Massachusetts are surging. In 2014,the state Firearms Records Bureau recorded 102,081 sales and transfers of handguns,rifles, and shotguns by Massachusetts firearms dealers to licensed state residents, more than double the number from 2006.1 You are selling more weapons to more people at a scale and at a time that demands a heightened vigilance from every dealer and employee. There are many causes of gun violence and no simple solutions, but in Massachusetts we have the benefit of strong state laws and regulations to assist law enforcement and law-abiding gun dealers in keeping the public safe, At this moment of deep and justifiable anger over gun violence, you have a serious role in ensuring public safety. I take this opportunity to remind you of some of your significant legal obligations under our state gun laws. Compliance with federal gun laws is also required. In certain transactions, other state's law may control. Please note that this letter is only a summary. It is not intended to be comprehensive. The laws and regulations cited in this letter should be consulted for more comprehensive and specific information Legal obligations of licensed firearms dealers in Massachusetts Your adherence to these state laws, as well as your proper compliance with federal background check and other rules, is a top public safety priority. Please carefully review the list below, which includes key legal requirements that dealers, absent specific exceptions, must follow to comply with Massachusetts law. "State Licensed Firearms Dealer Transactions 2006-2014,"Comm. of Mass. Dept. of Criminal Justice Information Services,Firearms Records Bureau, available at liqp://www..illass. og v/eopss/dots/chsb/firearmshnassachusetts- dealer-transactions-2006-2014, df. December 22, 2015 Page 2 1) Any person who sells, rents or leases firearms must possess a license as a Massachusetts Firearms Dealer. A license to sell ammunition is also required,3 The license expires and must be renewed after three years, 2) It is unlawful for any dealer to deliver a firearm to any person who does not have a state- issued license to carry firearms or to deliver a rifle or shotgun to any person who sloes not have a firearm identification card.5 3) It remains unlawful under Massachusetts law to sell prohibited assault weapons or large capacity feeding devices, These are the same weapons made illegal under the Federal Assault Weapons Ban of 1994. Those weapons may not be sold under Massachusetts law.6 4) If a dealer is presented with an expired, suspended, or revoked identification card or license, the dealer must notify the licensing authority(the city or town police) of the presentment and may take possession of the card or license.7 5) Every dealer must comply with electronic record-keeping on all gun transactions as directed by the state's Commissioner of the Department of Criminal Justice Information Services and as further articulated in state regulations.$ For every gun transfer, firearms dealers must record in a salsa record book: 1)the con-tplete descupilon of the fireartn,including the make, serial number, firearm type, and designation as a Iarge capacity weapon, if applicable; 2) whether it was sold,rented or leased; 3)the sex, residence and occupation of the transferee; and 4) the transfer date.9 The dealer must also record the purchaser's license to carry or firearm identification card number. 10 6) Dealers may only sell handguns that meet the safety and performance standards expressed in state law and regulations, including protection against accidental discharge or explosion upon firing. The Secretary of the Executive Office of Public Safety and Security has compiled an Approved Firearms„Roster,pursuant to M.G.L. c. 140, § 131-3/4 and 501 CMR 7.00. Dealers Z Mass. Gen. Laws ch, 140, § 122. Mass. Gen.Laws ch. 140, § 128A exempts certain individuals fi•om possessing a Massachusetts Firearms Dealer license who transfer not more than four firearms in any one calendar year. 3 Mass. Gen. Laws ch. 140, § 122B, 4 Mass.Gen,Laws ch. 140, § 124.The application for renewal is available at http://www,mass.gov/eopss/does/clisb/fii-eariiis/updated-dealer-amiiio-gunsmith-app-revised-05-19-15.pdf 5 Mass. Gen. Laws eh. 140, § 123.Under certain circumstances a purchaser must have a permit to purchase issued under Mass. Gen. Laws ch. 140, § 131A. b Mass.Gen. Laws ch. 140, § 123;see also Definition of"Assault Weapon"in Mass.Gen. Laws ch, 140, § 121. 7 Mass.Gen. Laws ch. 140, § 123, 8 Mass,Gen, Laws ch. 140, § 123; 803 CMR 10.00 et seq. 9 Mass.Gen. Laws ch. 140, § 123. 10 Mass.Gen. Laws ch. 140, § 123. December 22, 2015 Page 3 are generally prohibited from selling firearms that are not on the Approved Firearms Roster.3 7) Dealers are also prohibited front selling handguns that do not meet the Attorney General's handgun sales regulations on child-safety,12 tamper-resistant serial numbers,13 and load indicators or magazine safety disconnects for semi-atntomatie handguns.14 As a professional in this field, you are well aware of whether the firearms you sell have features that satisfy these requirements. If there is any doubt regarding a particular firearm,the simplest way for a dealer to comply with these provisions is to obtain a certification from the manufacturer that a firearm meets the handgun regulation requirements. 8) Dealers must secure firearms in locked containers or equipped with tamper-resistant mechanical locks or other safety devices,15 9) All firearms and large capacity weapons sold in Massachusetts must include or incorporate a safety device approved by the colonel of state police.lG 10)Dealers may not display guns in outer windows or any other places where the weapon"can be readily seen from the outside" and all guns must be unloaded when delivered.' 11)Dealers must post conspicuously at every purchase counter and provide in writing to each gun purchaser the following warning: "IT IS UNLAWFUL TO STORE OR KEEP A FIREARM, RIFLE, SHOTCT N OR MACHINE, GUN IN ANY PLACE UNLESS THAT WEAPON IS EQUIPPED WITH A TAMPER-RESISTANT SAFETY DEVICE OR IS STORED OR KEPT IN A SECURELY LOCKED CONTAINER."18 12)Dealers must post conspicuously and distribute at each purchase counter suicide prevention information developed by the Department of Public Health.19 Such a poster is available at htt):HwNvw.nnass. ov/eolilis/docs/cl li/coni-liealtli/in'ur ! i►n-safet -)oster. df. 13)Dealers selling handguns must 1) provide a specific written safety warning to customers; 2) demonstrate to retail customers how to safely load, unload, and store the handgun being sold; how to operate all safety devices; and note the absence, if any, of a load indicator, a I I Mass.Gen. Laws ch. 140, § 123;The Approved Firearms Roster is available at http://Nvww.inass.gov/eopss/does/chsb/fireariiis/approvedfit-eariiisroster05-2015.pdf. 12 940 CMR 16.05(2),(4). 13 940 CMR 16.03. 14 940 CMR 16.05(3),(4);940 CMR 16.01, 16.05(3);see also Attorney General's Advisory on Giock Handguns (July 16,2004)and other guidance on the Attorney General's gun safety regulations at littp:Hwww,inass.gov/ago/govern ine nt-resourceslags-regulations/. 15 Mass.Gen. Laws ch. 140, § 131 L. 16 Mass.Gen. Laws ch, 140, § 131 K. 17 Mass.Gen. Laws ch. 140, § 123. 18 Mass. Gen. Laws ch. 140, § 123. 19 Mass, Gen. Laws ch. 140, § 123. i December 22, 2015 Page 4 how to operate all safety devices; and note the absence,if any, of a Ioad indicator, a magazine safety disconnect, or an internal safety; and 3) for handguns with barrels shorter than three inches, disclose to all customers, in writing with specific test data, the accuracy limitations of the weapon.20 14)Under the 2014 Massachusetts Act to Reduce Gun Violence, dealers must conduct background checks of employees prior to hiring them. The law also required dealers to conduct background checks of existing employees by July 1, 2015.21 15)Any dealer who loses a firearm or has one stolen must report the loss to the local police and to Department of Criminal Justice Information Services. The report must include a complete description of the weapon, including the make, model and serial number. There are penalties for failure to report. 2 16)A dealer's license is subject to forfeiture or suspension for violations of state law,23 17)It is unlawful to sell, offer, transfer or possess any weapon, capable of discharging a bullet or shot,, that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun or (ii)not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk-through metal detectors.24 18)These provisions are important for public health and safety. Your compliance is also required by law, Any dealer, and any employee or agent of a dealer, who violates key provisions of M.G.L. c. 140, § 123, and except as provided in M.G.L. c. 140, § 128A, any person who, without a license, sells,rents or leases a firearm, rifle, shotgun or machine gun shall be punished by a fine of not less than$1,000 nor more than $10,000, or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment.25 19)Moreover, except as provided, any dealer who 1) sells or furnishes a rifle, shotgun or ammunition to a non-citizen who does not have a permit card; 2) sells or furnishes a rifle, shotgun, or ammunition to any person under 18 years of age; or 3) sells or furnishes a firearm or large capacity rifle or shotgun or ammunition to any person under 21 years of age; shall have their license to sell firearms,rifles, shotguns, or ammunition revoked and faces punishment by a fine of not less than $1,000 nor more than $10,000, or by imprisonment in a state prison for not more than 10 years or by imprisonment in a house of correction for not more than 2 '/2 years or by both such fine and imprisonment.26 20 940 CMR 16.06 21 Mass.Gen. Laws ch. 6, §§ 172, 172M;St.2014,ch. 284, §99. 22 Mass.Gen. Laws ch. 140, § 123. 23 Mass,Gen. Laws ch. 140, §§ 123, 125. 24 Mass, Gen. Laws ch. 140, § 131 N. 25 Mass, Gen. Laws ch. 140, § 128. 26 Mass. Gen. Laws ch. 140, § 130. December 22, 2015 Page 5 The gun violence epidemic demands our collective action. As responsible gun dealers, I urge you to redouble your commitment to ensuring the safety of your neighbors and ask you to share any ideas you may have to increase gun safety and reduce gun violence, With any questions, please contact Assistant Attorney General Mike Firestone in my office at 617.963.2775, Very truly ours, 40k- y Maur `Healey 2/28/2020 General taw-Part I,Title XX,Chapter 140,Section 56A Part I ADMINISTRATION OF THE GOVERNMENT Title XX PUBLIC SAFETY AND GOOD ORDER Chapter LICENSES 140 Section 56A SHOOTING GALLERIES Section 56A. The licensing authorities of any city or town may grant and may suspend or revolve at pleasure a license to conduct a shooting gallery upon such terns and conditions as they deem proper. Before the granting of a license hereunder, the applicant for the license shall file with the cleric of such city or town, a bond running to the city or town, with sureties approved by the treasurer thereof, for such penal sum, not exceeding five thousand dollars, as the licensing authority granting the license shall determine to be necessary, such bond to be conditioned upon the payment of any loss, damage or injure resulting to persons or property by reason of the conduct of such shooting gallery. The term "shooting gallery", as used in this section, shall mean a public resort equipped with appliances for target shooting. Licenses issued hereunder shall expire on May first following the date of issue. The fee for each original license as well as each renewal thereof shall be established in a town by town mecting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, but in no event shall any such fee be greater than twenty dollars, and five dollars for each renewal thereof. Whoever conducts a shooting gallery unless licensed hereunder shall be punished by a fine of not more than one hundred dollars. blips://malegislature.govILaws/GeneralLawslPar ti/TitleXX/Cha pter l4o1Section56A 111 712020 General LA%v-Part I,Title XX,Chapter 140,Section 122E Part I ADMINISTRATION OF THE GOVERNMENT Title XX PUBLIC SAFETY AND GOOD ORDER Chapter 140 LICENSES Section 122B SALE OF AMMUNITION; LICENSE; FEES; RULES AND REGULATIONS; REFUSAL, SUSPENSION OR REVOCATION OF LICENSE; JUDICIAL REVIEW; PENALTIES Section 122B. No person shall sell ammunition in the commonwealth unless duly licensed. The chief of police or the board or officer having control of the police in a city or town, or persons authorized by them, may, after an investigation into the criminal history of the applicant to determine eligibility to be licensed under this section, grant a license to any person, except an alien, a minor, a person who has been adjudicated a youthful offender, as defined in section fifty-two of chapter one hundred and nineteen, including those who have not received an adult sentence or a person who has been convicted of a felony in any state or federal jurisdiction, or of the unlawful use, possession or sale of narcotic or harmful drugs, to sell ammunition. Every license shall specify the street and number, if any, of the building where the business is to be carried on. The licensing authority to whom such application is made shall cause one copy of the application to be forwarded to the commissioner of the department of criminal justice information services, who shall within a reasonable time thereafter advise such authority in writing of any criminal cps:llmakegislature,gov/L,1ws/GeneralLayslParti tleXX/ClapterI40/Section122B 1/3 2/27/2020 General Law-Part 1,Title XX,Chapter 140,Section 122B record disqualifying the applicant. The fee for an application for a license to sell ammunition shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. The licensing authority to whom such application is made shall cause one copy of any approved application to be forwarded to the commissioner of the department of criminal justice information services. Any lawfully incorporated sporting or shooting club shall, upon application, be licensed to sell or supply ammunition for,regulated shooting on their premises, as for skeet, target or trap shooting; provided, however, that such club license shall, in behalf of said club, be issued to and exercised by an officer or duly authorized member of the club who himself possesses a firearm identification card or a license to carry a firearm and who would not be disqualified to receive a license to sell ammunition in his own right. The licensing authority may revoke or suspend a license to sell ammunition for violation of any provision of this chapter. The secretary of the executive office of public safety may establish such rules and regulations as he may deem necessary to carry out the provisions of this section. Any person refused a license under this section or once issued a license under this section has had said license suspended or revoked may obtain a judicial review of such refusal, suspension or revocation by filing within thirty days of such refusal, suspension or revocation a petition for review thereof in the district court having jurisdiction in the city or town in littps:i/malegislattire.gov/Laws/GeneralLaws/Parti/TiitleXX/Claapter140/Section 122B 2/. 7l2020 General Law-Part 1,Title XX,Chapter 140,Section 122B which the applicant filed for such license, and a justice of said court, after a hearing, may direct that a license be issued the applicant if satisfied there was no reasonable ground for refusing such license and that the applicant was not prohibited by law from holding the same. Whoever not being licensed, as hereinbefore provided, sells ammunition within the commonwealth shall be punished by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not less than six months nor more than two years. tps://malegislature,gov/Laws/GeneralLa%vs/PartifYiitteXX/Chapter140/Section 122E 3/3 7/2020 General Law-Puri I,'Iiite XX,Chapter 140,Section 122 Part I ADMINISTRATION OF THE GOVERNMENT Title XX PUBLIC SAFETY AND GOOD ORDER Chapter 140 LICENSES Section 122 LICENSES; CONTENTS; FINGERPRINTS OF APPLICANTS; PROCEDURE ON REFUSAL OF LICENSE; FEES; PUNISHMENT FOR IMPROPER ISSUANCE Section 122. The chief of police or the board or officer having control of the police in a city or town, or persons authorized by them, may, after an investigation into the criminal history of the applicant to determine eligibility for a license under this section, grant a license to any person except an alien, a minor, a person who has been adjudicated a youthful offender, as defined in section fifty-two of chapter one hundred and nineteen, including those who have not received an adult sentence or a person who has been convicted of a felony or of the unlawful use, possession or sale of narcotic or harmful drugs, to sell, rent or lease firearms, rifles, shotguns or machine guns, or to be in business as a gunsmith. Every license shall specify the street and number of the building where the business is to be carried on, and the license shall not protect a licensee who carries on his business in any other place. The licensing authority to whom such application is made shall cause one copy of said applicant's fingerprints to be forwarded to the department of the state police, who shall within a reasonable time thereafter advise such s:llmategislature.gov/Laws/GetteratLaws/Partite t[eXXIChapter 140/Section 122 112 D27/2020 General Law-Part I,Title XX,Chapter 140,Section 122 authority in writing of any criminal record of the applicant. The taking of fingerprints shall not be required in issuing a renewal of a license, if the fingerprints of said applicant are on file with the department of the state police. The licensing authority to whom such application is made shall cause one copy of such application to be forwarded to the commissioner of the department of criminal justice information services. Any person refused a license under this section may within ten days thereafter apply to the colonel of state police for such license, who may direct that said licensing authorities grant said license, if, after a hearing, he is satisfied there were no reasonable grounds for the refusal to grant such license and that the applicant was not barred by the provisions of law from holding such a license. The fee for an application for a license issued under this section shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. A person licensed to sell, rent or lease firearms, rifles, shotguns or machine guns shall not be assessed any additional fee for a gunsmith's license. Whoever knowingly issues a license in violation of this section shall be punished by imprisonment for not less than six months nor more than two years in a jail or house of correction. lkttps:Hmalegistature.gov/I..aws/Genera[Laws/PartVi'ttleXX/Chapter t 40ISection 122 2, M2020 General Law-Part I,title XX,Chapter 140,Section 123 Part I ADMINISTRATION OF THE GOVERNMENT Title XX PUBLIC SAFETY AND GOOD ORDER Chapter LICENSES 144 Section 123 CONDITIONS OF LICENSES [First paragraph effective until January 1, 2021. For text effective January 1, 2021, see below] Section 123. A license granted under section one hundred and twenty-two shall be expressed to be and shall be subject to the following conditions: First, That the provisions in regard to the nature of the license and the building in which the business may be carried on under it shall be strictly adhered to, Second, That every licensee shall, before delivery of a firearm, rifle or shotgun, make or cause to be made a true, legible entry in a sales record book to be furnished by the commissioner of the department of criminal justice information services and to be kept for that purpose, specifying the complete description of the firearm, rifle or shotgun, including the make, serial number, if any, type of firearm, rifle or shotgun, and designation as a large capacity weapon, if applicable, whether sold, rented or leased, the date of each sale, rental or lease, the license to carry firearms number or permit to purchase number and the identification card number in the case of a firearm or the identification tl>s:/luialegisl attire.gov/Laws/Ge3tera[Laws/PartU l'illeXX/Cliapter 140/Seetioll 123 1/20 2/27/2020 General Law-Part Ijitle XX,Chapter 140,Section 123 card number or the license to carry firearms number in the case of a rifle or shotgun, the sex, residence and occupation of the purchaser, renter or lessee, and shall before delivery, as aforesaid, require the purchaser, renter or lessee personally to write in said sales record book his full name. Said book shall be open at all times to the inspection of the police. Third, That the license or a copy thereof, certified by the official issuing the same, shall be displayed on the premises in a position where it can easily be read. Fourth, That no firearm, rifle or shotgun, or machine gun shall be displayed in any outer window of said premises or in any other place where it can readily be seen from the outside. Fifth, That the licensee shall submit a record of all sales, rentals and leases forthwith at the time of such sale, rental or lease via electronic communication link to the commissioner of the department of criminal justice information services. Sixth, That every firearm, rifle or shotgun shall be unloaded when delivered. Seventh, That no delivery of a firearm shall be made to any person not having a license to carry firearms issued under the provisions of section one hundred and thirty-one nor shall any delivery of a rifle or shotgun or ammunition be made to any minor nor to any person not having a license to carry firearms issued under the provisions of section one hundred and thirty-one or a firearm identification card issued under the provisions of section one hundred and twenty-nine B nor shall any large capacity firearm or large capacity feeding device therefor be delivered to any person not having a Class A license to carry firearms issued under section 131 nor shall any large capacity rifle or shotgun or large capacity feeding device therefor be delivered to any person not having a Class A or Class B license to carry firearms issued under said section 131; provided, however, that delivery of a firearm by a licensee to a person possessing a valid permit to purchase said firearm issued under https:Hmalegislattire.gav/Laws/General laws/Partf/Ti tteXX/Chapterl40/Section 123 212 17I2020 General Law-Part I,Title XX,Chapter 140,Sectiolt 123 the provisions of section one hundred and thirty-one A and a valid firearm identification card issued under section one hundred and twenty- nine B may be made by the licensee to the purchaser's residence or place of business, subject to the restrictions imposed upon such permits as provided under section 131 A. Eighth, That no firearm shall be sold, rented or leased to a minor or a person who has not a permit then in force to purchase, rent or lease the same issued under section one hundred and thirty-one A, and a firearm identification card issued under the provisions of section one hundred and twenty-nine B, or unless such person has a license to carry firearms issued under the provisions of section one hundred and thirty-one; nor shall any rifle or shotgun be sold, rented or leased to a person who has not a valid firearm identification card as provided for in section one hundred and twenty-nine B, or has a license to carry firearms as provided in section one hundred and thirty-one; that no large capacity firearm nor large capacity feeding device therefor shall be sold, rented, leased or transferred to any person not having (i) a Class A license to carry firearms issued under section 131 or (ii) a proper permit issued under section 131A and a firearm identification card issued under section 129B; that no large capacity rifle or shotgun nor large capacity feeding device therefor shall be sold to any person not having a Class A or Class B license to carry firearms issued under said section 131; and that no machine gun shall be sold, rented or leased to any person who has not a license to possess the same issued under section one hundred and thirty-one. Ninth, That upon the sale, rental or lease of a firearm, subject to a permit to purchase issued under the provisions of section one hundred and thirty-one A, the licensee under section one hundred and twenty-two shall take up such permit to purchase and shall endorse upon it the date and place of said sale, rental or lease, and shall transmit the tps:lhnalegislalure,gov/Laws/GeneralL awslPartllT tl eXX/Clsapter 140/Section 123 3120 2/27l2020 General Lam-Part I,11 le XX,Chapter 140,Section 123 same to the executive director of the criminal history systems board; and that upon the sale, rental or lease of a machine gun shall endorse upon the license to possess the same the date and place of said sale, rental or lease, and shall within seven days transmit a notice thereof to said executive director. In case of a sale under the provisions of section one hundred and thirty-one E the licensee under section one hundred and twenty-two shall write in the sales record book the number of the license to carry firearms issued the purchaser under the provisions of section one hundred and thirty-one, or the number of the firearm identification card issued the purchaser under the provisions of section one hundred and twenty-nine B, whichever is applicable under the provisions of condition Eighth of this section. Tenth, That this license shall be subject to forfeiture as provided in section one hundred and twenty-five for breach of any of its conditions, and that, if the licensee hereunder is convicted of a violation of any such conditions, this license shall thereupon become void. Eleventh, That the second, fifth, eighth and ninth conditions shall not apply to a gunsmith with regard to repair or remodeling or servicing of firearms, rifles or shotguns unless said gunsmith has manufactured a firearm, rifle or shotgun for the purchaser, but said gunsmith shall keep records of the work done by him together with the names and addresses of his customers. Such records shall be kept open for inspection by the police at all times. Twelfth, That any licensee shall keep records of each sale, rental or lease of a rifle or shotgun, specifying the description of said rifle or shotgun, together with the name and address of the purchaser, renter or lessee, and the date of such transaction. Thirteenth, That the current validity of any firearm identification card, license to carry firearms or permit to purchase, rent or lease firearms presented, and that the person presenting said card, license or permit is the lawful holder hitps:/Iinalegislattire.gov/Laws/GeneralLaws/Par(IMIleXXIChipterl40/Section 123 4/2 '712020 General Law-Part 1,Title XX,Chapter 140,Section 123 thereof, shall be verified by the licensee prior to any sale, rental or lease of a rifle, shotgun, firearm or large capacity feeding device; and, upon being presented with such card or license that is expired, suspended or revoked, the licensee shall notify the licensing authority of the presentment of such expired, suspended or revoked card, license or permit; and further, the licensee may take possession of such card or license provided that, in such case, such licensee shall: (i) issue a receipt, in a form provided by the commissioner of the department of criminal justice information services, to the holder thereof which shall state that the holder's card or license is expired, suspended or revoked, was taken by such licensee and forwarded to the licensing authority by whom it was issued and such receipt shall be valid for the date of issuance for the purpose of providing immunity from prosecution under section 10 of chapter 269 for unlawfully possessing a firearm, rifle or shotgun or large capacity weapon; (ii) notify the cardholder or licensee of his requirement to renew said card or license; and (iii) forward such expired card or license to the licensing authority forthwith; provided, however, that such licensee shall be immune from civil and criminal liability for good faith compliance with the provisions herein, Fourteenth, That the licensee shall conspicuously post at each purchase counter the following warning in bold type not less than one inch in height: "IT IS UNLAWFUL TO STORE OR KEEP A FIREARM, RIFLE, SHOTGUN OR MACHINE GUN IN ANY PLACE UNLESS THAT WEAPON IS EQUIPPED WITH A TAMPER--RESISTANT SAFETY DEVICE OR IS STORED OR KEPT IN A SECURELY LOCKED CONTAINER.", and that such licensee shall provide said warning, in writing, to the purchaser or transferee of any firearm, rifle, shotgun or machine gun in bold type not less than one-quarter inch in height, and further that the licensee shall tps:l/ttialegislature.gov/Laws/Ge3ierallaws/PartffiitteXXlChapter140/Section 123 5120 2/27/2020 General Law-Part I,Title XX,Chapter 140,Section 123 conspicuously post and distribute at each purchase counter a notice providing information on suicide prevention developed and provided by the division on violence and injury prevention within the department of public health. The department of public health shall develop and make available on its website for download a sign providing the information on suicide prevention. Fifteenth, That all licensees shall maintain a permanent place of business that is not a residence or dwelling wherein all transactions described in this section shall be conducted and wherein all records required to be kept under this section shall be so kept. Sixteenth, That no licensee shall sell, lease, rent, transfer or deliver or offer for sale, lease, rent, transfer or delivery to any person any assault weapon or large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Seventeenth, That any licensee from whom a rifle, shotgun, firearm or machine gun is lost or stolen shall report such loss or theft to the licensing authority and the executive director of the criminal history systems board forthwith. Such report shall include a complete description of the weapon, including the make, model, serial number and caliber and whether such weapon is a large capacity weapon. Eighteenth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery any firearm, to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearm wholesaler and the sale, by its terms, prohibits the purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm has a frame, barrel, cylinder, slide or breechblock that is composed of: (i) any metal having a melting point of less than 900 degrees Fahrenheit; (ii) any metal having an ultimate tensile strength of less than 55,000 pounds per square inch; or (iii) any powdered metal having a density of less than 7.5 grams per cubic hitps://tnalegislattire.gov/1�tws/CieneraiLaws/Party tleXX/ChapterW0/Section 123 612 27/2020 General Law-Part I,Title XX,Chapter 140,Section 123 centimeter. This clause shall not apply to any make and model of firearm for which a sample of three firearms in new condition all pass the following test: Each of the three samples shall fire 600 rounds, stopping every 100 rounds to tighten any loose screws and to clean the gun if required by the cleaning schedule in the user manual, and as needed to refill the empty magazine or cylinder to capacity before continuing. For any firearm that is loaded in a manner other than via a detachable magazine, the tester shall also pause every 50 rounds for ten minutes. The ammunition used shall be the type recommended by the firearm manufacturer in its user manual or, if none is recommended, any standard ammunition of the correct caliber in new condition. A firearm shall pass this test if it fires the first 20 rounds without a malfunction, fires the full 600 rounds with not more than six malfunctions and completes the test without any crack or breakage of an operating part of the firearm. The term "crack" or "breakage" shall not include a crack or breakage that does not increase the danger of injury to the user. For purposes of evaluating the results of this test, malfunction shall mean any failure to feed, chamber, fire, extract or eject a round or any failure to accept or eject a magazine or any other failure which prevents the firearm, without manual intervention beyond that needed for routine firing and periodic reloading, from firing the chambered round or moving anew round into position so that the firearm is capable of firing the new round properly. "Malfunction" shall not include a misfire caused by a faulty cartridge the primer of which fails to detonate when properly struck by the firearm's firing mechanism. Nineteenth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery any firearm to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearms wholesaler, and the sale, by its terms, prohibits tps:/lnialcgislature.gov/L-kwstGetieralLaws/Par€IrrillcXX/Cliapteri40/Scclion 123 7120 2/27/2020 General Law-Part 1,T€tle XX,Chapter 140,Section 123 such purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm is prone to accidental discharge which, for purposes of this clause, shall mean any make and model of firearm for which a sample of five firearms in new condition all undergo, and none discharge during, the following test: Each of the five sample firearms shall be: (a) test loaded; (b) set so that the firearm is in a condition such that pulling the trigger and taking any action that must simultaneously accompany the pulling of the trigger as part of the firing procedure would fire the handgun; and (c) dropped onto a solid slab of concrete from a height of one meter from each of the following positions: (i) normal firing position; (ii) upside down; (iii) on grip; (iv) on the muzzle; (v) on either side; and (vi) on the exposed hammer or striker or, if there is no exposed hammer or striker, the rearmost part of the firearm. If the firearm is designed so that its hammer or striker may be set in other positions, each sample firearm shall be tested as above with the hammer or striker in each such position but otherwise in such condition that pulling the trigger, and taking any action that must simultaneously accompany the pulling of the trigger as part of the firing procedure, would fire the firearm. Alternatively, the tester may use additional sample firearms of the same make and model, in a similar condition, for the test of each of these hammer striker settings. Twentieth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery, any firearm to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearm wholesaler, and the sale, by its terms, prohibits the purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm is prone to: (i) firing more than once per pull of the trigger; or (ii) explosion during firing. Twenty-first, That no licensee shall sell, rent, lease, transfer https:Hinalegislature.gov/Laws/GeneralL.aws/Party tleXXlChapterH0/Section 123 8/2 :712020 General Law-Pert 1,Tiille XX,Chapler 140,Section 123 or deliver or offer for sale, lease, transfer or delivery any firearm to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearm wholesaler and the sale, by its terms, prohibits the purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm has a barrel less than three inches in length, unless the licensee discloses in writing, prior to the transaction, to the prospective buyer, lessee, deliveree or transferee the limitations of the accuracy of the particular make and model of the subject firearm, by disclosing the make and model's average group diameter test result at seven yards, average group diameter test result at 14 yards and average group diameter test result at 21 yards. For purposes of this clause, "average group diameter test result" shall mean the arithmetic mean of three separate trials, each performed as follows on a different sample firearm in new condition of the make and model at issue. Each firearm shall fire five rounds at a target from a set distance and the largest spread in inches between the centers of any of the holes made in a test target shall be measured and recorded. This procedure shall be repeated two more times on the firearm. The arithmetic mean of each of the three recorded results shall be deemed the result of the trial for that particular sample firearm. The ammunition used shall be the type recommended by the firearm manufacturer in its user manual or, if none is recommended, any standard ammunition of the correct caliber in new condition. No licensee shall sell any rifle or shotgun, contrary to the provisions of section one hundred and thirty or section 131 E. [First paragraph as amended by 2014, 284, Secs. 23 and 24 effective January 1, 2021. See 2014, 284, Sec. 112. For text effective until January 11 2021, see above.] 1ps:/lmalegislature.gov/LawslGenerilI-aws/l'artiffi([eXX/Chapter140/Section 123 9l20 2/27/2020 General Law-Part I,Title XX,Chapter 140,Section 123 A license granted under section one hundred and twenty-two shall be expressed to be and shall be subject to the following conditions:— First, That the provisions in regard to the nature of the license and the building in which the business may be carried on under it shall be strictly adhered to. Second, That every licensee shall, before delivery of a firearm, rifle or shotgun, make or cause to be made a true, legible entry in a sales record book to be furnished by the commissioner of the department of criminal justice information services and to be kept for that purpose, specifying the complete description of the firearm, rifle or shotgun, including the make, serial number, if any, type of firearm, rifle or shotgun, and designation as a large capacity weapon, if applicable, whether sold, rented or leased, the date of each sale, rental or lease, the license to carry firearms number or permit to purchase number and the identification card number in the case of a firearm or the identification card number or the license to carry firearms number in the case of a rifle or shotgun, the sex, residence and occupation of the purchaser, renter or lessee, and shall before delivery, as aforesaid, require the purchaser, renter or lessee personally to write in said sales record book his full name. Said book shall be open at all times to the inspection of the police. Third, That the license or a copy thereof, certified by the official issuing the same, shall be displayed on the premises in a position where it can easily be read. Fourth, That no firearm, rifle or shotgun, or machine gun shall be displayed in any outer window of said premises or in any other place where it can readily be seen from the outside. Fifth, That the licensee shall submit a record of all sales, rentals and leases forthwith at the time of such sale, rental or lease via electronic communication link to the commissioner of the department of criminal justice information services. Sixth, That every firearm, rifle or shotgun shall be unloaded when delivered. Seventh, That no delivery of a https:/Imalegislattire,govlLawslGeneralLaws/PartitritleXX/Chapter I401Section 123 10/2 '27/2020 General"w-Part I,Title XX,Chapter 140,Section 123 firearm shall be made to any person not having a license to carry firearms issued under the provisions of section one hundred and thirty-one nor shall any delivery of a rifle or shotgun or ammunition be made to any minor nor to any person not having a license to carry firearms issued under the provisions of section one hundred and thirty-one or a firearm identification card issued under the provisions of section one hundred and twenty-nine B nor shall any large capacity firearm or large capacity feeding device therefor be delivered to any person not having a license to carry firearms issued under section 131 nor shall any large capacity rifle or shotgun or large capacity feeding device therefor be delivered to any person not having a license to carry firearms issued under said section 131; provided, however, that delivery of a firearm by a licensee to a person possessing a valid permit to purchase said firearm issued under the provisions of section one hundred and thirty-one A and a valid firearm identification card issued under section one hundred and twenty-nine B may be made by the licensee to the purchaser's residence or place of business, subject to the restrictions imposed upon such permits as provided under section 131 A. Eighth, That no firearm shall be sold, rented or leased to a minor or a person who has not a permit then in force to purchase, rent or lease the same issued under section one hundred and thirty-one A, and a firearm identification card issued under the provisions of section one hundred and twenty-nine B, or unless such person has a license to carry firearms issued under the provisions of section one hundred and thirty-one; nor shall any rifle or shotgun be sold, rented or leased to a person who has not a valid firearm identification card as provided for in section one hundred and twenty-nine B, or has a license to carry firearms as provided in section one hundred and thirty-one; that no large capacity firearm nor large capacity feeding device therefor shall be !tti)s:llinaiegi siatare.gov/Laws/GeneralL.aws/Partifri ttcXXIC IIap(er t 40/Section 123 11/20 2/27/2020 General Law-Part 1,Title XX,Chapter 140,Section 123 sold, rented, leased or transferred to any person not having (i) a license to carry firearms issued under section 131 or (ii) a proper permit issued under section 131 A and a firearm identification card issued under section 129B; that no large capacity rifle or shotgun nor large capacity feeding device therefor shall be sold to any person not having a license to carry firearms issued under said section 131; and that no machine gun shall be sold, rented or leased to any person who has not a license to possess the same issued under section one hundred and thirty-one. Ninth, That upon the sale, rental or lease of a firearm, subject to a permit to purchase issued under the provisions of section one hundred and thirty-one A, the licensee under section one hundred and twenty-two shall take up such permit to purchase and shall endorse upon it the date and place of said sale, rental or lease, and shall transmit the same to the executive director of the criminal history systems board; and that upon the sale, rental or lease of.a machine gun shall endorse upon the license to possess the same the date and place of said sale, rental or lease, and shall within seven days transmit a notice thereof to said executive director. In case of a sale under the provisions of section one hundred and thirty-one E the licensee under section one hundred and twenty-two shall write in the sales record book the number of the license to carry firearms issued the purchaser under the provisions of section one hundred and thirty-one, or the number of the firearm identification card issued the purchaser under the provisions of section one hundred and twenty-nine B, whichever is applicable under the provisions of condition Eighth of this section, Tenth, That this license shall be subject to forfeiture as provided in section one hundred and twenty-five for breach of any of its conditions, and that, if the licensee hereunder is convicted of a violation of any such conditions, this license shall thereupon become void. Eleventh, That.the second, fifth, eighth and littps:Htnalegislatu re.gov/LawsIGencral Laws/PartItTitleXYJCfiapterl40/Seetion 123 12120 '27/2020 General Lew-Part I,Title XX,Chapter 140,Section 123 ninth conditions shall not apply to a gunsmith with regard to repair or remodeling or servicing of firearms, rifles or shotguns unless said gunsmith has manufactured a firearm, rifle or shotgun for the purchaser, but said gunsmith shall keep records of the work done by him together with the names and addresses of his customers. Such records shall be kept open for inspection by the police at all times. Twelfth, That any licensee shall keep records of each sale, rental or lease of a rifle or shotgun, specifying the description of said rifle or shotgun, together with the name and address of the purchaser, renter or lessee, and the date of such transaction. Thirteenth, That the current validity of any firearm identification card, license to carry firearms or permit to purchase, rent or lease firearms presented, and that the person presenting said card, license or permit is the lawful holder thereof, shall be verified by the licensee prior to any sale, rental or lease of a rifle, shotgun, firearm or large capacity feeding device; and, upon being presented with such card or license that is expired, suspended or revoked, the licensee shall notify the licensing authority of the presentment of such expired, suspended or revoked card, license or permit; and further, the licensee may take possession of such card or license provided that, in such case, such licensee shall: (i) issue a receipt, in a form provided by the commissioner of the department of criminal justice information services, to the holder thereof which shall state that the holder's card or license is expired, suspended or revoked, was taken by such licensee and forwarded to the licensing authority by whom it was issued and such receipt shall be valid for the date of issuance for the purpose of providing immunity from prosecution under section 10 of chapter 269 for unlawfully possessing a firearm, rifle or shotgun or large capacity weapon; (ii) notify the cardholder or licensee of his requirement to renew said card or license; ices://nrilegislature.goull,iws/GeneralL,awstPartlfri(teXX/Cliapier 1 40/Section 123 13/20 2/27/2020 General Law-Part I,The XX,Chapter 140,Section 123 and (iii) forward such expired card or license to the licensing authority forthwith; provided, however, that such licensee shall be immune from civil and criminal liability for good faith compliance with the provisions herein. Fourteenth, That the licensee shall conspicuously post at each purchase counter the following warning in bold type not less than one inch in height; "IT IS UNLAWFUL TO STORE OR KEEP A FIREARM, RIFLE, SHOTGUN OR MACHINE GUN IN ANY PLACE UNLESS THAT WEAPON IS EQUIPPED WITH A TAMPER-RESISTANT SAFETY DEVICE OR IS STORED OR KEPT IN A SECURELY LOCKED CONTAINER.", and that such licensee shall provide said warning, in writing, to the purchaser or transferee of any firearm, rifle, shotgun or machine gun in bold type not less than one-quarter inch in height, and further that the licensee shall conspicuously post and distribute at each purchase counter a notice providing information on suicide prevention developed and provided by the division on violence and injury prevention within the department of public health. The department of public health shall develop and make available on its website for download a sign providing the information on suicide prevention. Fifteenth, That all licensees shall maintain a permanent place of business that is not a residence or dwelling wherein all transactions described in this section shall be conducted and wherein all records required to be kept under this section shall be so kept. Sixteenth, That no licensee shall sell, lease, rent, transfer or deliver or offer for sale, lease, rent, transfer or delivery to any person any assault weapon or large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Seventeenth, That any licensee from whom a rifle, shotgun, firearm or machine gun is lost or stolen shall report such loss or theft to the licensing authority and the executive director of the criminal https:/Imalegislatiire,.gov/1 aws/General laws/Partt/TiilleXX/Chapter 140/Section 123 14120 '27/2020 General Law-Part 1,Title XX,Chapter 140,Section 123 history systems board forthwith. Such report shall include a complete description of the weapon, including the make, model, serial number and caliber and whether such weapon is a large capacity weapon. Eighteenth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery any firearm, to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearm wholesaler and the sale, by its terms, prohibits the purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm has a frame, barrel, cylinder, slide or breechblock that is composed of: (i) any metal having a melting point of less than 900 degrees Fahrenheit; (ii) any metal having an ultimate tensile strength of less than 55,000 pounds per square inch; or (iii) any powdered metal having a density of less than 7.5 grams per cubic centimeter. This clause shall not apply to any make and model of firearm for which a sample of three firearms in new condition all pass the following test: Each of the three samples shall fire 600 rounds, stopping every 100 rounds to tighten any loose screws and to clean the gun if required by the cleaning schedule in the user manual, and as needed to refill the empty magazine or cylinder to capacity before continuing. For any firearm that is loaded in a manner other than via a detachable magazine, the tester shall also pause every 50 rounds for ten minutes. The ammunition used shall be the type recommended by the firearm manufacturer in its user manual or, if none is recommended, any standard ammunition of the correct caliber in new condition. A firearm shall pass this test if it fires the first 20 rounds without a malfunction, fires the full 600 rounds with not more than six malfunctions and completes the test without any crack or breakage of an operating part of the firearm. The term "crack" or "breakage" shall not include a crack or breakage that does not increase the ttj)s:llnialegislature.gov/1-tws/GeneralLaws/PartlrTjt[eXX/Cliepterl40/Section 123 15/20 2/27/2020 General Law-Part 1,Title XX,Chapter 140,Section 123 danger of injury to the user. For purposes of evaluating the results of this test, malfunction shall mean any failure to feed, chamber, fire, extract or eject a round or any failure to accept or eject a magazine or any other failure which prevents the firearm, without manual intervention beyond that needed for routine firing and periodic reloading, from firing the chambered round or moving a new round into position so that the firearm is capable of firing the new round properly. "Malfunction" shall not include a misfire caused by a faulty cartridge the primer of which fails to detonate when properly struck by the firearm's firing mechanism. Nineteenth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery any firearm to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearms wholesaler, and the sale, by its terms, prohibits such purchaser from reselling such firearm to a firearm retailer or consumer in the common if such firearm is prone to accidental discharge which, for purposes of this clause, shall mean any make and model of firearm for which a sample of five firearms in new condition all undergo, and none discharge during, the following test: Each of the five sample firearms shall be: (a) test loaded; (b) set so that the firearm is in a condition such that pulling the trigger and taking any action that must simultaneously accompany the pulling of the trigger as part of the firing procedure would fire the handgun; and (c) dropped onto a solid slab of concrete from a height of one meter from each of the following positions: (i) normal firing position; (ii) upside down; (iii) on grip; (iv) on the muzzle; (v) on either side; and (vi) on the exposed hammer or striker or, if there is no exposed hammer or striker, the rearmost part of the firearm. If the firearm is designed so that its hammer or striker may be set in other positions, each sample firearm shall be tested as above with the hammer or striker in https://malegislatzire.gov/Laws/General LawslPartl/l i tiaXX/Chapter1401Seclion 123 1612( `27/2020 Generat Law-Part 1,Title XX,Chapter 140,Section 123 j each such position but otherwise in such condition that pulling the trigger, and taking any action that must simultaneously accompany the pulling of the trigger as part of the firing procedure, would fire the firearm. Alternatively, the tester may use additional sample firearms of the same make and model, in a similar condition, for the test of each of these hammer striker settings. Twentieth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery, any firearm to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearm wholesaler, and the sale, by its terms, prohibits the purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm is prone to: (i) firing more than once per pull of the trigger; or (ii) explosion during firing. Twenty- first, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery any firearm to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearm wholesaler and the sale, by its terms, prohibits the purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm has a barrel less than three inches in length, unless the licensee discloses in writing, prior to the transaction, to the prospective buyer, lessee, deliveree or transferee the limitations of the accuracy of the particular make and model of the subject firearm, by disclosing the make and model's average group diameter test result at seven yards, average group diameter test result at 14 yards and average group diameter test result at 21 yards. For purposes of this clause, "average group diameter test result" shall mean the arithmetic mean of three separate trials, each performed as follows on a different sample firearm in new condition of the make and model at issue. Each firearm shall fire five rounds at a target from a set distance and the largest spread tips:lirnategisteture.gov/1aws/GeneralL.iws/PartlrritleXX/Chlptcr[40/Section 123 17/20 2/27/2020 General Law-Part I,Title XX,Chapter 140,Section 123 in inches between the centers of any of the holes made in a test target shall be measured and recorded. This procedure shall be repeated two more times on the firearm. The arithmetic mean of each of the three recorded results shall be deemed the result of the trial for that particular sample firearm. The ammunition used shall be the type recommended by the firearm manufacturer in its user manual or, if none is recommended, any standard ammunition of the correct caliber in new condition. No licensee shall sell any rifle or shotgun, contrary to the provisions of section one hundred and thirty or section 131E. Clauses Eighteenth to Twenty-first, inclusive, of the first paragraph shall not apply to: (i) a firearm lawfully owned or possessed under a license issued under this chapter on or before October 21, 1998; (ii) a firearm designated by the secretary of public safety, with the advice of the gun control advisory board, established pursuant to section 1311/2 of chapter 140, as a firearm solely designed and sold for formal target shooting competition; (iii) a stun gun, as defined in section 121 ; or (iv) a firearm designated by the secretary of public safety, with the advice of the gun control advisory board, established pursuant to section 131 1/2 of chapter 140, as a firearm or pistol solely designed and sold for Olympic shooting competition. The secretary of public safety shall compile lists, on a bi- annual basis, of firearms designated as "formal target shooting firearms" and "Olympic competition firearms" in accordance with this paragraph. Such lists shall be made available for distribution by the executive office of public safety and security. No person licensed under the provisions of section 122 or section 122E shall sell, rent, lease, transfer or deliver any rifle, shotgun or firearm or ammunition or ammunition feeding device contrary to the provisions of section 130 or section 131E; and no such licensee shall sell, rent, lease, itttps:ttinalegislattire,gov/Laws/GeneralLaws/Partl (IoXX/Chaptcri44/section123 1812C '27/2020 General Um Part 1,Title XX,Chapter 140,Section 123 transfer or deliver any rifle, shotgun or firearm or ammunition or ammunition feeding device to any person who does not have in his possession the required firearm identification card or proof of exemption therefrom, license to carry firearms or permit to purchase, rent or lease firearms and who does not present such card, proof, license or permit to the licensee in person at the time of purchase, rental or lease. No person licensed under the provisions of section 122 or section 122B shall fill an order for such weapon, ammunition or ammunition feeding device that was received by mail, facsimile, telephone or other telecommunication unless such transaction or transfer includes the in-person presentation of the required card, proof, license or permit as required herein prior to any sale, delivery or any form of transfer of possession of the subject weapon, ammunition or ammunition feeding device. Transactions between persons licensed under section 122 or between federally licensed dealers shall be exempt from the provisions of this paragraph. The licensing authority shall enter, one time per calendar year, during regular business hours, the commercial premises owned or leased by any licensee, wherein such records required to be maintained under this section are stored or maintained, and inspect, in a reasonable manner, such records and inventory for the purpose of enforcing the provisions of this section. If such records and inventory contain evidence of violations of this section, the inspecting officer shall produce and take possession of copies of such records and, in the event that the licensee subject to inspection does not possess copying equipment, the inspecting officer shall arrange to have copied, in a reasonable time and manner, such records that contain evidence of such violations and the costs for such copying shall be assessed against the owner of such records. Licensees found to be in violation of this section shall be subject to the suspension ips:Ihnalegislattire.gov/.tws/General Laws/Parti/Tt[eXX/Chnpterl40/Section123 19/20 2/27/2020 General Law-Part 1,`I1tie XX,Chapter 140,Section 123 or permanent revocation of such license issued under section 122 and to the provisions of section 128. Nothing herein shall prohibit the licensing authority or the department of state police from conducting such inspections pursuant to a valid search warrant issued by a court of competent jurisdiction. Notwithstanding the provisions of this section, a person licensed under the provisions of section one hundred and twenty-two, or section one hundred and twenty-two B, may sell or transfer firearms, rifles, shotguns, machine guns or ammunition at any regular meeting of an incorporated collectors club or at a gun show open to the general public; provided, however, that all other provisions of this section are complied with and that such sale or transfer is in conformity with federal law or regulations applicable to the transfer or sale of firearms, rifles, shotguns, machine guns or ammunition, including the restrictions imposed upon firearm identification cards issued under section 129B, licenses to carry firearms issued under section 131 and permits to purchase, lease or rent firearms issued under section 131A. ltttps:Ihttalegistature.gov/Laws/GeneratLa+vs/Parti/Ttt[eXXIChapterI40/Section 123 20/2( ARCHITECTS February 28, 2020 Jennifer Thomson MMD Shooting LLC 210 Holt Road North Andover, MA 01845 Re: Proposed MMD Shooting facility 210 Holt Road,N. Andover, MA Construction Narrative Jennifer; The following is a construction narrative of the proposed MMD Shooting facility to be built in your existing building on Holt Road. Existing Conditions The Holt Road building was built between 1985-1986 and consists of a 5" reinforced concrete floor slab on grade, reinforced and insulated 12" CMU exterior walls, and a steel bar joist and rigid insulated roof with EPDM roof membrane attached. The existing wood-frame office space is built with acoustical tile ceilings, gypsum board, carpet and other standard finishes. Proposed Facilit The new facility will occupy half(7500sf)of the existing 15000sf building. A metal framed and concrete block 25' x 75' two-level addition will be built on the rear of the building. A inside fire separation wall will be built to separate the new gun range facility from the remaining maintenance building use. The facility will be fully handicap accessible. The first floor will contain the entry/lobby, two live fire gun ranges, retail space, offices, members lounge, bathrooms, and storage. The second boor will contain a lobby, two air gun (pellet)ranges, two virtual training rooms,employee break room, bathrooms, storage, control room, lounge and training room. Live Fire Range Construction First floor live fire ranges will be constructed on the existing reinforced concrete slab with solid- grouted 8" and 12" CMU walls and a poured-in-place 12" concrete slab ceiling. This new ceiling will also act as the floor for the air gun (pellet) ranges on the second level. This construction type will essentially encapsulates the live fire ranges in ballistic and sound attenuation protection. Each live fire range contains individual shooter booths, a granulated rubber bullet trap behind the targets at the far end,and a self-contained, filtered HVAC system, independent of the main HVAC systems serving the rest of the building. Each shooting booth will have an individual target carrier system, mounted on a monorail, with the ability to stop down range at fixed increments. Each range (as well as the entire building)will have a sprinkler system installed. The piping and heads are spaced evenly on the ceiling up to and including the bullet trap area. As well, range lighting is installed adjacent to the sprinkler piping and heads. Both are protected with steel baffles, set at 45 deg. angles, covered oil the exposed side with plywood. Directly in front of the firing line, up to 12' down range, will be a safety ceiling to absorb a misdirected shot that could harm shooters or damage utilities. It consists of steel panels with added cold-molded ballistic rubber panels, all suspended from the concrete ceiling. The rear wall (behind the shooters) and side walls of each range will be covered with acoustic and sound insulating panels attached oil metal furring. Also, an acoustical tile ceiling, suspended behind the shooter booths,will have added layers of sound insulation. Live Fire Range Ventilation Each range will be equipped with an individual purge style ventilation system. The system brings in 100%outside air to the range and exhausts 100%of the air. This system is the safest to maintain and is usually installed as ventilation control with heating in the northeast. Behind the shooting booths,high in the ceiling corner, will be the supply plenum with individual diffusers for each firing lane. At the far end, above the rubber bullet trap, will be the exhaust ICltllfl p1GIlE.11[l, S1JC1%llll%all IlU4V I110VG111GIIl tlirltlaJ 1[le iZli"tgGs wlll illc,tilGl as rtGgtliil.lt by code. All air handling units (supply and exhaust) will be roof mounted. Range Doors and Observation Windows Doors and observation windows into the range will be acoustically rated to keep decibel levels comfortable for customers not in the ranges themselves. Air Gun Range Construction Directly above the live fire ranges will be the air grin (pellet) ranges. Tile acoustical and ballistic treatment for these ranges is different than live fire ranges, with decibel levels substantially less. Pellets from an air gun are propelled using CO2 cartridges. Lead dust or fragments from pellets is negligible and proper maintenance and cleanup procedures will be in place. No special ventilation system is required. Side walls will be constructed gypsum board with plywood backing and acoustical blankets. The ceilings will be hung acoustical tiles with added sound-attenuation insulation blankets. Pellet traps are usually a metal box located behind each target. The backstop behind the targets and traps is plywood set at an angle with a thick layer of styrofoam attached. Typically, there are no formal firing booths, but rather shooters use counters/chairs, lay prone or sit on the floor. Target trap systems can be used, either manual or motor driven,to transport 2 Typically, there are no formal firing booths, but rather shooters use counters/chairs, lay prone or sit on the floor. Target trap systems can be used, either manual or motor driven, to transport single targets to and from the target line. Overall lighting in the range will similar to lighting you would see in a school classroom with special lighting placed on each target. Codes The facility will meet the requirements of the Massachusetts State Building Code, NFPA Life Safety Codes and ADA Handicap Accessibility Codes. Let us know if you need additional information. Respectfully Submitted, Port One rchitects Inc. Vv Wm. K. Davis AIA Principal Cc; Kevin Foley Esq. 3 ............. PORT©New HCLT ROAD UC 210 HOL7 ROAD N.ANDOVER MA Nev ADDITION 75'-0' ST;Qk� U131313 =,T7 Bu=7R;-F S70PIAGE T/,rc:E7S�j EXLSTNC BU[LDfNC 7�-0' vEN 13*SF JAN WOMEN, Job rr+.NKo RANCE A FtXGE 0 2490 SF MAINTENANCE SAYS RETAIL 66-4 SF X 1275 SE SHOOTI-S BOOTHS SHOOTING a007F's 297 SF LU CONTROL 116SF 1 6=71Nr OFFICE SPACE TO REMAIN LOBBY STAR 931 sr MMD SH007ING RANGE EXISTING BUILDING 150'- VEST FIRST FLOOR PLAN A1.1 ......... _........ Po cxr p N t„A FCROS.C'. ��C IJrrjtpn:emk 1lxhmwlR Nn!]S�I GmG ROL7 ROAD LLG 210 HOLTRCAD N.A.NDOVER.MA NnV ADDITION 75'-0- STCTv1C: � ?S:SF € EXISTING gLJrL.OrNG 75'-0" MENS 130 SF JAN 0$F NfOMENS AIR GUN A AIR GUN B ' 130 SF ` TS62 SF :8G2 SF Rr.nacn r�ry 6REAK RM 225 SF a [ CFFICE OFFICE 85 SF 8$$F 1 �IT=e7 E 9 10 11 12 OO H,C SHOOTING STALLS G 4 TR'AI N ING 0SSERVAT10N :�.�tn i5o 5F OPEN 70 EELOw i W VIRTLALA ViRTUAL5 SIBSF 576 SF �tr�x[+Aa�qSt aCnr Yen.ti.'9r�. VIP LOUNGE 29]SF OFFICE LL 712 S SFF L T12 7n cc EXISTING OFFICE SPACE TO REMAIN LOBBY STAIR 931 SF �} BOC SF 1-'.•:S Yam' D "- MMD$HOOTING RANGE C%ISTINC SUlDINC 15¢'-0- SCALE'118'-i'-0' RCOF L nw•ti:J.' SECOND FLOOR PLAN Al"2 i ........................................... ......... .. ................................. ...... .................... 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Page 1 of 12 210 Holt Road a North Andover o MA o 01867 www.mmdshooting.com Purpose These procedures set forth the rules and i eF alaiions gove ;ping the use of the indoor live fire shooting range located at the MMD Shooting, LLC facility at 210[loll Read, North Andover,MA 01867. While accidental shooting incidents are rare at range:;,the follewirig range rules and regulations are established to ensure the safety of all us•rr.;. M.MD Shooting will have a zero.tolerance policy far any user of the facility deviating from the es6blished rules. Your disciplined adherence to basic gun safety rules will allow for your continued use of our facility. General Live fire conducted at the range is designect,to provide.authorized personnel access to a facility where they can become proficient with the firearms they possess already,try before they buy new firearms, and practice both individual and gi-ouP s1100ting sports. Individuals using the range shall become familiar with these safety rules and oracedures prior to using the range.T he range safety rules and procedures help to provide range supervision and allow for enforcement of these rules to reduce or eliminate incidents from occurring.All users are required to abide by and enforce the rules and procedure set forth herein. Range Safety Officers are present to enforce these rules and to offer instruction to help improve the live fire shooting experience.Any deviation from bade firearms safety rules being enforced by a Range Safety Officer will be cause for immediate termination of live fire range time for the offender. Range Safety Officer will decide: if a refresher firearms safety course will be required before live fire shooting is allowed and or that all five fire shooting privileges will be revoked. All users are expected to politely point out;to any user in violation of these rules,the nature of the violation, request they stop and if continued violation occurs, report the incident along with the violators name, if possible,to the flange Officer on duty or the North Andover Police Department for further action. All potential users of the MMD Shooting, I.LC range must complete a range orientation.The orientation may be one or any combination of a safety.video, in-pers(m, briefing, or formal classroom training on the safe handling of firearms. The amount of training will be determined by the MMD Shooting, LLC management and/or RSO on duty. The use of the MMD Shooting LLC indoor gun range is covered by these Standard Operating Procedures (SOP's).These SOP's define what every person engaged in live-fire activities must know prior to being permitted to use the indoor live fire range facility.These SOPs are available from the MMD Shooting, LLC office,and websitF at www.mmdshoot'ing.com. Page 2 of 12 210 Bolt [toad n North Andover a MA a 01.867 www.mmdshooting.com i DEFINITIONS:The following terms are applicable to range and training area operations: Approved Firing: deliberate,controlled and aimed fire,which results in every shot hitting the impact backstop. Armor Piercing Bullets:Armor piercing ammunition means a projectile or projectile core which may be used in a firearm and which is constructed entirely,excluding the presence of traces of other substances, of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or a combination of tungsten alloys,steel, iron, brass, bronze, or beryllium copper. Cease Fire Range: Cease Fire is in effect,stay away from shooting benches and NO HANDLING FIREARMS. Range Safety Officer; The Range Safety Officer(RSO) is an employee or designee of MMD Shooting, LLC that is charged with monitoring and enforcing all rules outlined in this SOP as they pertain to the indoor• range use. Hot Range; no Cease Fire is in effect; guns may be handled and fired. Firing Line:that part of the range where shooting ports are placed designated as a Live Fire Activities area. Fully Automatic Firearms: Firearms that are capable of firing in multi shot busts, or continuous fire by holding the trigger to the rear position. Live Fire Activities., an activity that involves the firing of a gun. Individuals involved in a live fire activity include the shooter, Range Officer, and supporting personnel such as score keepers, timers,and other individuals participating in a shooting activity on a Hot Range. Range Safety Officer:The range safety officer(RSO) is the employee tasked with continued over watch of the firing line to ensure all safety rules are always being practiced by customers. Rapid Firing: Firing more than two shots in a one second period. Uncontrolled Firing: Firing from the hip,firing a rifle/carbine/shotgun without the butt of the stock against the shooter's shoulder, or any other type of firing in which the firearm is not aimed by having the shooter's eye aligned with the firearm sights and the sights aligned with an approved target. Page 3 of 12 210 Holt Road o North Andover o MA o 01867 www.mmdsliooting.com Allowable Firearms: Calibers up to 7.62/.308 can be used on the range. Range Safety Officers All RSO(s) on duty are required to have taken the NRA Range Safety Officer training and possess a certificate identifying them as an NRA certified RSO. Range Safety Officers (RSO) are required as part of open shooting at the range.A designated RSO will be in charge of the firing line(s) and range at all times. The RSO on duty is tasked with: 1. Ensuring that all MM© Shooting, LLC members,guests, and customers adhere to the rules and SOPs in this document. 2. Stopping and addressing any and all unsafe behavior.The RSO will address an individual to inform and point out all unsafe behavior and ensure that they are aware of any safety concerns.The RSO may call a "Cease Eire" and address the entire line at his/her discretion. 3. Escorting anyone (to include members)off the range if the person($) are deemed a safety risk to others on the range. 4. Require anyone shooting on the range be given additional training before being allowed to shoot on the range again. S. Reporting to MM©Shooting, LLC management any incidents on the range. 6. Be available to live fire users to offer instruction and guidance to help improve the live fire shooter's skill and enjoyment. Page 4 of 12 210 Holt Road o North Andover o MA 0 01867 www.mmdshooting.com Range Rules At MMD Shooting range safety is of the utmost importance,that is why we have a National Rifle Association certified Range Safety Officer present on the range. Follow the Range Safety Officers instruction and he/she will make your use of the facility more enjoyable. Below are our range rules, please read them carefully. All general public users of the MMD Shooting, LLC range must fill out and sign a Liability Waiver on each day that they use the range. Members must have a current and signed liability waiver on file before using the range. MMD Shooting-3 Top Safety Rules(we take these VERY seriously) • Mind Your gun -ALWAYS treat firearms as if they are loaded. • Muzzle management-ALWAYS keep the muzzle pointed downrange. • Duty to watch trigger„finger-ALWAYS keep your finger off the trigger until you have airned and ready to shoot. 1. Loaded firearms are not allowed on MMD Shooting, LLC property other than on the Firing Line under a Hot Range condition a. Exceptions to this are for MMD Shooting, LLC employees, MMD Shooting, LLC members, customers who are properly licensed Massachusetts Licensed To Carry individuals, and Law Enforcement personnel but firearms MUST BE holstered or properly stored, In no case will loaded firearms be unloaded in any area of the MMD facility other than at the shooting line in the live fire range, 2. Consuming alcoholic beverages or drugs (including prescription and over-the-counter medications) that will affect his or her ability to participate with a maximum state of awareness and in a completely safe manner, before or during live fire activities is STRICTLY PROHIBITED.The Range Officer will deny range access to anyone that is or appears to be in violation, 3. Phones will be placed on SILENT. Disruptive activities may result in the RSO asking your party to leave the live fire range. 4. Individuals under the age of 18 will be permitted to use the range for rifles only if not accompanied by an adult 21 or older. S.The minimum age to shoot on the range accompanied by a parent or guardian is 10 for single shot 22 caliber rim-fire rifle and for 22 caliber rim-fire revolver handgun only. For the safety of young shooters possibly earning a shooting merit badge we must limit the type of and caliber to 22 caliber long rifle rim- fire only. 6. MMD Shooting, LLC rules on age and gun possession are in line with federal and state laws. 7. Individuals under the age of 21 who possess a handgun will not be allowed on the range and will be asked to leave the property unless accompanied by someone 21 or older with the proper Massachusetts License to Carry. North Andover Police will be notified if un-licensed individuals seek use of the range are in possession of handguns, 8.At no time will firearms, regardless of whether or not they are loaded, be pointed at or in the direction of any person. 9.All shooters and spectators on the firing lines and staging areas must wear ear and eye Protection—without exception at all times,Safety ear and eyewear is available for rent at the counter, 10. FULLY AUTOMATIC FIREARMS ARE PROHIBITED. Page 5 of 12 210 Holt Road n North Andover a MA 0 01867 www.mmdshooting,com 11. BLACK POWER FIREARMS ARE PROHIBITED. 12. Members will keep their fingers off the triggers and outside the trigger guard until the firearm is painted safely down range. 13.SLIDE-FIRE STOCKS OR ANY OTHER DEVICE THAT MIMICS AUTOMATIC FIRE ARE PROHIBITED. 14. FIRING OF ARMOR-PIERCING OR TRACER AMMUNITION IS PROHIBITED. Armor piercing ammunition means a projectile or projectile core which may be used in a firearm and which is constructed entirely, excluding the presence of traces of other substances, of tungsten alloys,steel, iron, brass, bronze, beryllium copper,or a combination of tungsten alloys,steel, iron, brass, bronze, or beryllium copper. 15.All ammunition brought into the range by the customer will be inspected to insure it meets the MMD Shooting, LLC, allowed ammunition requirements.All rental firearms must use range bought ammunition there will be no re-loads or customer brought ammunition allowed in any rental handgun or rifle. 16.ALL guns will be treated as if they are loaded at all times. 17. Loaded firearms must be pointed down range with barrel horizontal at all times. 18. NO SHOOTING ACROSS LANES! Firearms will only be fired into the assigned lane. Failure to keep rounds on target may result in termination of membership,and/or banning from the facility. 19. Everyone is required to adhere to the written Range Safety Operating Procedures (SOP). 20.All vehicles shall be parked in the designated parking area, unless authorized by the MMD Shooting, LLC management. 21. Range is to be used as posted,or as directed by the RSO on duty. 22. MMD Shooting, LLC members must sign in at the counter prior to using the range and must have their membership card in their possession to allow the RSO on duty to identify them as a member or paid customer while on the range,Signing in at the counter prior to using the range also allows for any updates on special activities that may need to be made known to the member. 23. Non-members must sign in at the counter,and pay for their range use,targets, ammunition,and any other consumables that they may need on the range as a receipt is necessary to show the RSO on duty in order to get an assigned lane. 24.Targets may be purchased in the store. Personal targets may be used if they meet the requirements of MMD Shooting, LLC. Plastic bottles,glass targets,tin or aluminum cans,explosive targets,and any other exotic items may not be used as targets at any time without the permission of the MMD Shooting, LLC management and then only in a closed range or shoot/match scenario. Each shooter on the range must clean up their bench and targets down range prior to leaving-this will be enforced by the RSO on fluty. 25.Only one shooter's target is allowed per frame, unless approved by the RSO. 26.Accidental Discharge of a firearm will result in temporary suspension of the shooters ability to enter the range for one month. Depending on the severity of the situation; it is within the rights of MMD Shooting, LLC,to revoke the membership of the responsible person without refund. Each accidental discharge will be reviewed on a case-by-case basis by the Range Officer, and business owners. 27, if there is a misfire, be sure to keep the muzzle pointed down range (preferably on target)for at least 45 seconds, in case it is a hang fire. 28.All shooting will be done from the firing line, or as directed by the range staff during scheduled training, or competitive events. 29.All rounds must impact the target, and bullet trap.Shooters that fail to control fires that strike range equipment resulting in damage will be asked to leave the range. Depending on the Page 6 of 12 210 Holt Road 0 North Andover o MA e 01867 www.mmdshooting.com situation;this may result In temporary suspension of the shooters membership,termination of the shooters membership, and/or the shooter will be financially responsible for any necessary repairs, 30.All range users are required to clean up their brass and spent caps when finished shooting.Any brass that falls beyond the line of fire must be left.Any other brass must be swept beyond the line of fire, or collected in a sealed container as to not transfer lead particulate out of the range. 31.All targets are to be removed from the target holders and disposed of when finished shooting. 32.ALL firearms must be unloaded,cased, or actions open when taken to and from the firing line. Inexperienced shooters are to advise the RSO if assistance is needed. 33. When a "Cease Fire" is called by an RSO,stop all shooting and wait for instruction from the RSO. 34.Smoking is not allowed under any circumstance on the range,staging areas,or spectator areas. Smoking is only allowed in a designated area outside the range. 35. IN ALL CASES THE RSO'S DECISIONS ARE FINAL AND BINDING. HIS/HER DECISIONS ARE BASED ON THE CURRENT SITUATION AS IT EXISTS,AND HIS/HER JUDGEMENT DICTATES. THE RSO'S DECISIONS MAY SUPERCEDE THE GENERAL PRINTED RULES OR SOP. NOTE;The RSO on duty is tasked with the authority to require anyone shooting on the range be given additional training before being allowed to shoot on the range again and revoking their range use endorsement card. Range Commands Range commands will be given by the RO, or RSO tasked with conduction range activities at any given time. Most often range commands will be used during training, or competitive events.All range users should familiarize themselves with these commands so they understand what actions are expected of them should a situation arise where range commands must be used. "CEASE FIRE" To stop all firing. All shooters shall open the bolt/cylinder, clear the chamber, remove the magazine-unload the cylinder and lay the firearm down with the bolt/cylinder open and wait for further instructions. "MISSFI RE" To notify the RSO and other participants that a round did not fire when the trigger was pulled and to alert other shooters along the line that a hazardous condition may exist. "MOVE FORWARD" To get shooters into position to prepare to begin shooting. Shooters will move from behind the ready line to their assigned position. DO NOT TOUCH FIREARM I Get comfortable, adjust your position make sure you are on the correct side of the bench. "PROTECTIVE GEAR ON" To prepare the shooter for a safe experience.Shooters should put on first their eye protection then ear protection. "YOU MAY PICK UP YOUR FIREARM" To prepare line for firing.Shooters will pick up their firearm,sight in on the target, make any Page 7 of 12 210 Holt Road o North Andover a MA o 01867 www.mmdshooting.com final adjustments and prepare to load. "LOAD" To notify the shooters that they may load their first round.Shooters will load their first round and keep finger off the trigger and stand ready for the next command. "IS THE LINE BEADY?" To determine if all shooters along the line are ready.All shooters NOT ready should indicate their status to the RSO.Sufficient time will be allowed for the shooter to complete his/her preparation. "READY ON THE RIGHT?" To declare that the shooters have indicated they are ready on the right side of the range.Any shooter not ready at this command may choose to either alert the RSO that he/she is not ready or to complete the process of getting ready before the final command has been given. "READY ON THE LEFT?" To declare that the shooters have indicated they are ready on the left side of the range.Any shooter not ready at this command may choose to either alert the RSO that he/she is not ready or to complete the process of getting ready before the final command has been given. "READY ON THE FIRING LINE?" To notify all shooters that the range is about to be under live fire and that if anyone is not ready at that point, he/she should notify the RSO,otherwise await the next command. Shooters simply await the next command. "COMMENCE FIRING" or"HOT RANGE" To declare the range formally open for live fire.The shooters may commence the prescribed course of fire. "COLD RANGE" To inform the firing line that the range is safe.The RSO is telling all shooters that all guns are unloaded. Other Common Commands: "ON THE FIRING LINE" To tell shooters to take their assigned place at their firing point and prepare to fire, but do not load. "CEASE FIRE-ACTIONS OPEN,SAFETIES ONl" To notify the shooters to stop firing immediately and all chambers and magazines are unloaded and shooters leave the firing line with the actions of their firearms open. "RANGE IS CLEAR,YOU MAY HANDLE YOUR FIREARMS" Shooters may approach the firing line and handle their firearms since no personnel are down range. Page 8 of 12 210 Holt Road 0 North Andover e MA o 01867 www.mmdshooting.com "MOVE OUT OF POSITION AND REMOVE YOUR EQUIPMENT FROM THE FIRING LINE" Authorizes shooters to remove their gear. "POLICE YOUR ASSIGNED FIRING POINT" Shooters are to pick up their spent ammunition and clean their firing point of all debris. "AS YOU WERE" Means to disregard the previous command just given. "CARRY ON" Means to proceed with whatever was being done before the interruption occurred. "MOVE BACK BEHIND THE READY LINE" Means to move behind the ready line and wait for further instructions from the RSO. Firearms Carry & Handling Procedures for transporting firearms while entering, and leaving the MMD Shooting, LLC Facilities. 1. Firearms in a bag or case must remain in the bag or case when transporting them between the parking lot, store, and live-fire range. 2. Once you have reached your firing position; uncase the firearm with the muzzle pointing downrange ensuring the action is open,only take out magazines and ammunition out of the case for the firearm to be shot. Only one shooter is allowed in the shooting stall at a time. Only one rifle is allowed in the shooting stall at a time. Up to two pistols are allowed on the shooting booth table at one time, but only one pistol can be in use,and loaded at a time. 3.When you have completed firing you must clear all weapons, and stow them properly in their cases prior to exiting the shooting booth, and range area. DO NOT UNHOLSTER YOUR FIREARM FOR ANY REASON UNLESS INSTRUCTED BY A MANAGER, OR RANGE STAFF. Cease Fire Procedure 1.When a verbal "Cease Fire" is heard all shooting must stop immediately, unload firearm ensuring the chamber is empty and remove magazines. 2. Fix actions open and insert empty chamber flag. 3. Place firearms on the bench with muzzles pointed downrange, or in a proper rack with muzzles pointing up. 4. Before anyone moves downrange, all persons must move behind the firing line and acknowledge the cease fire verbally or visually to the RSO. Page 9 of 12 210 Holt Road o North Andover o MA 0 01867 www,mmdshooting.com 5, Absolutely NO firearm handling during a cease fire. 6.Anyone handling a firearm during a cease fire or carelessly sweeping people on a Hot Range should be reported to the RSO. 7.AT ALL TIMES THESE GUN SAFETY RULES MUST BE OBSERVED: a. Always keep the gun pointed in a safe direction b.Always keep your finger off the trigger until ready to shoot c.Always keep the gun unloaded until ready to use NRA Hygiene Guidelines All users of the MMD Shooting, LLC facilities are strongly encouraged to follow these guidelines to insure minimal exposure to lead particulate. 1. Refrain from eating, drinking,smoking,applying makeup, or otherwise placing hands in proximity to the mouth or nose while on the range or cleaning a firearm. 2.Wash your hands and face with soap and water after leaving the range or cleaning area before eating,or drinking. 3. Change and wash clothing after a shooting or gun cleaning session to minimize exposure to airborne particulate lead or solvent and cleaning product residues. Facility OpL-rating Pracedtjres Store/Building—Opening Procedure Designated manager/person will: 1. Unlock the door and turn off the alarm. 2.Turn on lights in bathroom, member and retail areas. 3. Ensure air conditioning/heat is set and turned on as appropriate. 4. Make bank run for prior day/weekend business deposits as well as change orders. S. Put rental guns out. 6. Clean rental guns according to weekly rental gun cleaning schedule. 7. Put retail for sale guns out. 8. Stock ammunition and any other necessary retail items from back-stock, 9. Wipe-down/clean retail areas, counters,floors, and bathrooms as needed, 10. Check out radio for communications with RSOs and test as each RSO reporting for duty checks out his/her radio to ensure everyone has proper and working communications. 11.Verify and make ready range rental/retail items. Store/Building-Closing Procedure 1.Verify that all range rental items have been checked in, accounted for, and cleaned for the next business day. 2. Check in radio used for communications with RSOs.Verify all radios checked out have been checked-in and are hooked up to be charged for the next business day use. 3. Empty garbage cans taking all trash to the dumpster. Page 10 of 12 210 Holt Road o North Andover o MA o 01867 www.mmdshooting.com 4. Put retail guns away in vault. 5. Put rental guns away in vault. 6. Close out cash drawer using the systems end of day closing process and prepare bank deposit to be deposited the next business day. 7. Put cash drawer and bank deposit away in vault. 8.Tura off computer(s). 9. Ensure air conditioning/heat is set and turned to appropriate temperatures for closed building, 10. Ensure all outside doors are lacked from the outside. 11.Turn off lights in bathroom, member and retail areas. 12.Turn on outside lights. 13, Turn off outside deck fans. 14.Turn on the alarm in the bathroom hallway and lock the door. Range-Opening Procedure All RSOs reporting for duty will: 1. Check out RSO duty pack 2. Ensure all Items are in RSO duty pack: a. Copy of this SOP b. Incident Reports c. FULL first aid kit d, Tourniquet e. Pens/Pencils f.Sharpie Marker g. Note Pad h. Witness statement sheets i. Rubber Gloves j.Trauma Kit k. Range inspection sheets 3. Check out Radio and test with Store/Building staff on duty 4. Check out RSO vest 5, Fill assigned range/bay water cooler(s)with sufficient bottled water and ice and place in designated area(s) 6. If a match or private event scheduled for designated range: a. Review "Event Checklist" and perform the appropriate tasks: i. Post appropriate "Event"signage on the range(s) announcing a closed range event H. Ensure appropriate targets are made ready for event and placed on range(s) as necessary and outlined in event checklist III. Ensure appropriate shooting line/stations are identified and made ready iv. Ensure appropriate supplies -garbage cans, brass buckets, v. Identify event spokesperson prior to event starting and coordinate duties of any volunteers and/or event staff vi, Give safety briefing for event with all participants to include those not shooting-SAFETY FIRST! 7.Verify and make ready rental/retail items (all ammunition only available in store) Page 11 of 12 210-Holt Road o North Andover o MA n 01867 www.mmdshooting.com Range-Closing Procedure All RSOs closing the range will: 1. Make the line safe for the last time.Verify firearms are empty and cleared prior to directing everyone to case their firearms before declaring the line safe and allowing shooters down range. 2. Maintain observation of the line until all shooters have removed their firearms from the range. 3. Put all equipment in their storage location, 4. Pick up all trash and dispose of properly. Sweep off shooting area if required, S. Place stools on top of shooting benches. 6. Make sure all doors are secured. 7.After all shooters have left the range,turn off all lights and electrical equipment. 8. Return spotting scopes and other items to the store to be put away. 9. Close and lock all doors of supply cabinets and other secured storage. 10. Insure that everyone has left the range. 11. Ensure all items are in RSO duty pack and replace/refill items that were used for the shift. 12. Check in RSO duty pack. 13. Check in Radio and ensure that it is plugged in to recharge the batteries. 14. Check in RSO vest 15. Drain and put away assigned range/bay water cooler(s). 16. If a match or private event was held on range: a. Perform the appropriate tasks: i. Remove "Event"signage on the range(s)announcing a closed ii. Remove event targets and put them away. ill. Ensure shooting line/stations are cleaned up. iv. Ensure garbage cans and any other debris are emptied into the dumpster b. Ensure any full brass buckets are replaced with empty buckets. All full brass buckets are to be put in the designated storage area. 17. Verify and secure rental/retail items(all ammunition only available in store) Page 12 of 12 210 Holt Road Q Borth Andover Q MA o 01867 www.mmdshooting.com Security flow map / General Public Prospective shooter Handgun safety course eaters range. required prior to shooting. 3 i Guests enters Complete front door to Questionnaire Safety Course Guest Access. Guest access check in area 1 waiver on fife. i Guest completes one time electronic Guests are now able to questionnaire and waiver. Provides rent guns and sign up for valid identification.* lane use. * Single guest will not be allowed to rent or use range, must be accompanied by second guest for live fire. I I Security flow map / After Hours Member eaters range Member required to Access granted to after hours using their use biometric look to range and bathrooms MMD key fob. gain access to range. only. [ Key fob Member swiped at ( enters into Member uses Member has Access outside door vestibule` biometrc lock access Granted O Member = Has a valid Lights and ventilation LTC on file. come on upon entry for members.