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ALAN BECK (HI Bar No. 9145)

Attorney at Law
4780 Governor Drive
San Diego, California 92122
Telephone: (619) 971-0414
Email: ngord2000@yahoo.com

Attorney for Plaintiff-Appellant George K. Young

UNITED STATE COURT OF APPEALS
NINTH CIRCUIT

GEORGE K. YOUNG JR., )

)
Plaintiff, )
vs. ) No. 12-17808
) CASE No. 12-00336 HG BMK
STATE OF HAWAII ET. AL.; ) NOTICE OF SUPPLEMENTAL
) AUTHORITY
Defendants. )
________________________________ )
)
)

__________________________________

Notice of Supplemental Authority

COMES NOW THE PLAINTIFF-APPELLANT, George K. Young Jr., submits

this Notice of Supplemental Authority in support of his argument the H.R.S. 134-8

complete ban on short barrel rifles fails strict scrutiny. Mr. Young g attaches the

following sources on rifles “Project Manager Soldier Weapons Briefing for NDIA”

“Small Arms-Individual Weapons”. Based on these sources Mr. Young argues the

short barrel rifle simply serves a different function for self-defense and there is no
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government interest in banning them. To illustrate this point Mr. Young uses the

M4 rifle. It is a variant of the original AR-15 rifle designed by Eugene Stoner and

made by ArmaLite. The M4 is a shorter and lighter variant of the M16A2 assault

rifle, with 80% parts in common. The M4 has a 14.5 in (370 mm) barrel; its

shorter barrel allows its user to better operate in close quarters engagement such as

in the home where the right to self-defense is most acute. Many short barrel rifles

(carbines) are shortened versions of full size rifles, firing the same ammunition at a

lower rotational velocity due to a shorter barrel length. Accordingly they are

actually safer for the general public than long barrel rifles for self-defense within

the home because there is less risk of a stray bullet penetrating a wall and hitting

an innocent bystander. For the very seem reasons they are better for home defense

short barrel rifles are in fact less deadly outside the home. Per Heller, rifles are a

class of arms and short barrel rifles as a type of rifle are protected arms. There

complete ban fails any level of heightened scrutiny. Strict scrutiny should be

applied and HRS 134-8 unconstitutional ban on them must be struck down.

Respectfully submitted this 31st day of March, 2013

s/ Alan Beck_________________________
Alan Beck (HI Bar No. 9145)
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CERTIFICATE OF SERVICE

On this, the 31st day of March, 2013, I served the foregoing pleading by
electronically filing it with the Court’s CM/ECF system, which generated a Notice of
Filing and effects service upon counsel for all parties in the case.
I declare under penalty of perjury that the foregoing is true and
correct.
Executed this the 31st day of March, 2013
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s/ Alan Beck
Alan Beck (HI Bar No. 9145)
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Project Manager Soldier Weapons

Briefing
For
NDIA

BG Peter N. Fuller
18 MAY 2010 COL Douglas A. Tamilio
Program Executive Officer Soldier Project Manager Soldier Weapons
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Program Executive Office Soldier
As of 1 January 2010

Chief of Staff Command Sergeant Major (PEO)

PEO Executive Director
for
Quality Assurance,
G6: CIO Process & Compliance
G1: Human Resources DPEO Reserve Affairs

Executive Officer (PEO)

G3: Operations &
Plans G7: Systems
Engineering & Executive Assistant (PEO)
Integration
G4: Logistics
G8: Business Executive Assistant (DPEO)
Management DPEO
G5: Strategic ASA(ALT) Soldier Maneuver Systems
Communications PAO Contracts (SMS) Directorate
Management (SWAR)/(SPIE, SSL, RFI)/(SW)/(SW)

Audits, Engagements
and Compliance
Congressional Affairs

Liaison Officers
(TRADOC) / (USAIC) / (FORSCOM)/
(FFID) / (MARCOSYSCOM)

Project Manager Project Manager Project Manager Project Manager

Soldier Weapons Soldier Warrior Soldier Protection and Individual Soldier Sensors and Lasers
Equipment

DPM Soldier Protection and DPM Soldier

DPM Soldier Weapons DPM Soldier Warrior Sensors and Lasers
Individual Equipment

PM Individual Weapons PM Air Soldier PM Soldier Clothing & PM Soldier Maneuver

Individual Equipment Sensors
PM Crew Served Weapons PM Ground Soldier
PM Soldier Protective PM Soldier Precision Targeting 2
PM Mounted Soldier Equipment Devices
 Project Manager Soldier Weapons
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PM Soldier Weapons
PM SW Total PM SW COL D. Tamilio LNOs
Military 2 10
– Fort Benning
Core 17 35 Deputy PM
Matrix 16 46* – Fort Knox
R. Audette
Contractor 13 40 – SOCOM
Total 48 131* Secretary
*Includes Part Time Contractors J. Cosh

NCO Soldier Weapons

MSG Wilcock

Director, Operations Director Business Director Systems

Director Logistics
and Plans Management Engineering
M. Friedman
S. Dougherty J. Lilly M. Tauber

PM Individual Weapons PM Crew Served Weapons

LTC C. Lehner LTC M. Ascura

Deputy PM Deputy PM
B. Muldowney P. Errante

Future Airburst Sniper AMMO CSW RWS

Current

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4
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2009 Successes

 M320 Grenade Launcher

– Fielded 10,000 to date (AAO 71,600 GLs)
– Recently contracted Additional 12,000 GLs & $3.8M spare parts
– Soldiers praise its accuracy, ease of use, & modularity
 M4
– AAO increase from 473,769 to 501,286
– Acq Strat Apprv’d. for Heavy Barrel, Auto, Ambi - FY10 Production Contr (12k M4 converted to
M4A1), FY11-12 Prod. Contr will be competed (full & open) for 24k M4A1.
 Individual Carbine CDD - In JROC Staffing!
 M26 - Approval to produce 1,800 LRIP shotguns, 3QFY11 initial Fielding
 M24E1- .300 WinMag, 1200m range, Down Select Ongoing, Initial Fielding 1QFY11
 M14 EBR-RI - 5,000 Weapons Produced & Fielded, New funding provided for 1,200 more
 XM25 - Fully Funded RDT&E, Finishing AROC staffing
 CROWS
– UMRs Fielded systems on the Buffalo A1/A2/-1, RG31A1/A2/A3, RG-33, M1151, and M1A2
– Integrating it on the MATV, JERRV, CAIMAN, and MAXPROPLUS
 M240L
 MK48 Urgent Materiel Release
 Lighten the Soldier Load

5
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Lighten Soldier’s Load

Heavy Heavy
Rifles/ Machine Gun Medium
Shotguns Machine Machine Gun
Carbines * Tripods Machine Guns
Guns Tripods

Before

M3, 44lbs
M16A4, 8.13 lbs M500, 7.7 lbs M122A1, 18 lbs M240B, 27.3 lbs M2, 128 lbs (Including T&E)

%Lighter

17% 29% 36% 32% 18% 49% 30%

(-1.38 lbs) (-2.2 lbs) (-6.5 lbs) (-8.7 lbs) (-5 lbs) (-63 lbs) (-13 lbs)

After

M26 MASS, 5.5 lbs

XM806 Lightweight
M26 MASS MK48, M240L, .50 Caliber MG, XM205, 31 lbs
M4, 6.75 lbs Mounted on M4 M192, 11.5 lbs 18.6 lbs 22.3 lbs 65 lbs (Including T&E)

Systems Currently Fielded Systems Currently in Testing

* Weapon Weight With Empty Magazine, No Sling, No Optic

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Ongoing Programs

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 XM153 Common
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Station (CROWS) System Description

 Weight (w/o Weapon And Ammunition)
- Above The roof: 325 lbs (w/o Armor Kit)
- Total weight: 430 lbs
 Supported Weapons:
- M2 (400 rds) - M240 (1000 rds)
- MK19 (96 rds) - M249 (1600 rds)
 Reliability: Minimum Of 1600 hrs MTBMA

Fire Control Unit

(FCU)
Control Grip
(CG)
 Four-Axis Targeting System
 Three-Axis Vector Stabilization
 Day Camera: 27X w/47 Degree FOV
 Thermal: Dual FOV (3º & 11º) w/ 2x E-Zoom Potential Future Improvements:
 Auto Focus (Day And Thermal)  Sniper Detection Capability
 Laser Range Finder  Far Target Designation With Handoff
 Auto Tracker / Auto Lead / Auto Scan  Additional weapons (LW50, MK47,
 Target Reference Points Scan M134, Integrated Javelin Launcher)
 Elevation: -20 to +60 degrees  IR And Visible Pointers
 Traverse: 360 Degrees Continuous  Enhanced Image Capability
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CROWS
03/31/2013
Fieldings
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Buffalo

RG31A1

M1151 JERRV

M1A2 RG33
MRAP Vehicles in progress 9
 XM80603/31/2013
Lightweight
Case: 12-17808 .50 17-2
ID: 8571097 DktEntry: Caliber
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Machine Gun

 Lightweight
– Two Man Portable (62.0 Vice 128 lbs M2HB)
– Can Be Dismounted From Vehicle Platform And Remounted
On Ground Mount <30 Seconds
 System Dispersion-1.1 Mils (Ground Mount No Ballast)
 No Headspace Or Timing Adjustment
 Minimized Logistic Impact: 133 Parts LW50 vs. 244 Parts M2HB

Low Recoil = More Hits/Less Dispersion

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 Counter03/31/2013
DefiladeID: Target
Case: 12-17808 Engagement
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Weapon System
System Description:
 3 Components that are Highly Integrated &
Optimized to produce noted P(effect):
– Semi-auto, Magazine Fed, 25mm Weapon
– Programmable, Low Velocity, High Explosive
Air Burst (HEAB) Ammo
– Fully Integrated Day & Thermal Night Sight w/
Full Solution Target Acquisition/Fire Control
 System Weight: 12.0-12.5 lbs

System Capabilities:
– Defeats Defilade Targets And Exposed Targets
– Point Target Range: 500 meters
– Area Target Range: 700 meters

Status:
 Contractor Integration Testing: Aug 08
 Government Testing at APG: Sep 08 – Present
 Limited Safety Release: 4QFY09
 MS B: 3QFY10
Current Development Future Development  MS C: ~3QFY12

High Armor Training Non-lethal Non-lethal Door

Explosive Piercing (Airburst) (Blunt) Breaching
Air Bursting

25mm Ammo
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Quick Change Barrel Kit (16 of 40)

System Description:
 Quick Change Barrel
 Barrel Support * Flash suppressor to be
 Barrel Extension fielded at a later date
 Solid Breech Lock
 Flash Suppressor*

Capabilities:
 Enhancement will increase readiness by
providing a faster & simpler barrel change
without the need to set headspace
and timing
 Reduces Training
 Includes Flash Suppressor

Status:
 Production Verification Test at Aberdeen
Test Center – May thru Oct 09
 Limited User Evaluation at Ft. Benning – Jul 09
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Future Business Opportunities

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Carbine Path Forward

Dual Path
Strategy
Address Field Issues
Army Validation of Requirements

Upgrade Current Carbine Fleet

Joint Validation of Requirements
PH I – Heavy barrel/ambidextrous
selector/full auto mode

Release of Draft/Final RFP PH II - Enhanced rail adapter

system/improved bolt & carrier

PH III – Operating system

Full and Open Competition
Example – PH I - Increased
Sustained Rate Of Fire

Selection of New Carbine

? 14
 Individual Carbine Competition
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Description:
 The Individual Carbine (IC) will provide the US Soldier with the most accurate,
reliable, durable, maintainable, and modular individual weapon with improved
features such as ambidextrous controls and at a best value to the US Government

Capabilities:
 Carbine will provide accurate and reliable firepower
 Semi-auto and full auto fire
 Integrated rails will accept Mil-Std-1913 rail mounted accessories
 Fully ambidextrous

Status:
 CDD in Joint Staffing – 10 May 2010
 Congress provided RDT&E for FY10
 Release draft RFP 1QFY11
 Industry Day 1QFY11
 Final RFP 2QFY11

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 Precision
03/31/2013 Weapon
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Engagement Ranges & Dispersion

M14EBR .308
Cal/7.62mm NATO

Mk211
M24 SWS .308

.338 Lapua Mag.

Mk248 .300WM
~June 10 Approval:
Cal/7.62mm NATO M118LR (AA11)
Mk248 Mod 1
0.8-1.0 7.62x51mm
(AB43)
MOA 175gr
7.62x67mm
~7” ~2600fps MV
220gr

M118LR
$0.57/rnd
2900fps MV
M110 SASS .308 $0.87/rnd
Cal/7.62mm NATO

Mk248 Mod 0 (A191)

Upgraded M24 .300 WinMag
7.62x67mm
Example 0.8-1.0 190gr
MOA ~2900fps MV
~11” $1.07/rnd

SOCOM Mk13 Mod 5 .300 WinMag CBA

CAPAB I L I TY GAP 2400m
.338 Lapua Mag
.338x67mm
CERSR/PSR 0.6-0.8
~11” 300gr
MOA
~2800fps MV
Example .338 Lapua Magnum Sniper Rifle ~$5/rnd

M107 LRSR .50 Cal

. Mk211 (A606)
~2.5 671gr
MOA ~2900fps MV
~$9/rnd

~25” ~37”

0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1800 1900
RANGE in METERS
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Sniper Weapons Suite

 M107 Long Range Sniper Rifle – Cal .50 Anti-Materiel

System (1000-2000m)
– Production complete
– Fielding complete
– Defining Product Improvements

 M110 Semi-Automatic Sniper System - 7.62mm (800m)

– 2307 delievered (2943 AAO)
– USMC adopted for REPR program

 M24 Sniper Weapon System – 7.62mm (800m)

– M24E1, .300 WinMag (1200m) to be produced
– Downselect for M24E1 Ongoing, Fielding 1QFY11

 Precision Sniper Rifle – Cal ?, 1500m

– CDD released for World Wide Staffing 18 May 10

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M14 Enhanced Battle Rifle

Description:
 M14 Enhanced Battle Rifle is a rack stock M14 rifle mated to an enhanced aluminum billet stock,
Tactical Scope and Cantilever Mount. This weapon was built by Rock Island Arsenal in response
to numerous Operational Need Statements requesting long range capability.

Capabilities:
 Accurate 7.62mm capability out to 800m

Status:
 5000 Wpns produced & Fielded; Funding provided to produce additional 1200 Wpns
 Potential for Night Vision

18
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FY 10 Technology Shortfalls

Lethality Mobility

 Accurate Range Determination  Lightweight, High Strength Materials for Small and Medium
Caliber Weapons
 Nano Explosives/Nano Propellants  Multi-Function Laser

 Miniature Non-Magnetic Direction Finding System  Reduced Weight and Power Consumption Electronic
Components
 Lightweight, Direct View Optics  Wireless Weapon Interface

 Course Correcting Small Arms Projectiles Survivability

 Inexpensive, High Brightness, High Resolution, Low Power,  Luminescent Materials

Color, Wide Temperature Range, Long Life, Ruggedized,
Lightweight, Micro Video Display

 Improved Incapacitation for 5.56mm, 7.62mm, 9mm  Reduced Weapons Signature

Ammunition

Adjusted Ballistic Reticle for 5.56mm and 7.62mm Rifles Sustainment

 Covert Marking Ammunition for Small and Medium Caliber  Wear Resistant Coatings for Weapon Mechanisms
Weapons

C4I / Battle Command  Higher Energy Density Mini-Battery

 Reconnaissance Munition  Central Power Source

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 Case: 12-17808
Summary
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•Thank you for your responsiveness

• Understand the change in fiscal environment
• Incremental vs. Revolutionary

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Questions

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PM SOLDIER WEAPONS ASSESSMENT

TEAM
18 May 2010

MAJ Shawn Murray

MAJ Elliott Caggins
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Agenda

 Afghanistan and the Interview Area

 Findings
 Individual Weapons
 Crew Served Weapons
 Acquisition Issues
 Questions

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INTERVIEW POPULATION

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The Context

- Each ridgeline brings a different set of wants versus needs…everything is relevant!

- Leader and Soldier feedback varies, but most comments support some general themes.
 OIF v. OEF are markedly different…extended ranges refer to OEF for the most part.
- The PM SW Assessment Team walked into the this assessment with an open mind, willing to travel
throughout the CJOA and focused on giving our deployed units a voice.
- The Assessment Team was to deploy to OEF for no more than 17 days.
- Team Members: MAJ Elliott Caggins, MAJ Shawn Murray, MAJ Tom Aarsen and MSG Paul Wilcock

25
 Case: 12-17808
THE
03/31/2013
BLUF
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1. Menu of approved Carbine accessories.

2. Simple camouflage applications for Carbines and Optics.
3. Suppression (noise/flash) technology.
4. Need for variable powered Optics for Carbines.
5. Increased firepower (caliber) at extended ranges.
6. Organic Designated Marksman Rifle at the Platoon/Squad level.
7. Increased modularity.
8. ASAK per Sniper weapon.

26
 M4/M16
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03/31/2013
SERIES RIFLE
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M4/M16:
 Menu of approved Carbine accessories.
 COTS Butt Stocks, Magazines, Slings, Bi pods, Handgrips
 COTS Scopes / Optics
 COTS Suppressors
 In extreme cases, Soldiers have purchased upper receivers and high-
costs rifle scopes.
 Simple camouflage applications for Carbines and Optics.
 Suppression (noise/flash) technology for Carbines.
 Need for variable powered Optics for Carbines.
 Increased firepower (caliber) at extended ranges.

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M14 ENHANCED BATTLE RIFLE

 NET remains critical to shooter/maintainer proficiency / Many types of units

use this weapon.
 STRAC allocation affects availability of M118LR.
 Soldiers are removing/replacing Mk4 Leupold scope with other scopes.
 MILDOT reticle training delta
 Simple point and shoot reticle pattern
 Stock is adequate, but there is room for improvement.
 Reduce bulkiness
 Remove unnecessary parts
 General theme = DMR is REQUIRED organically in Infantry formations.

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Mk 48 LIGHWEIGHT MACHINE GUN

Mk 48 LMG:
 Original intent was to replace the M240B until the M240L was to be fielded.
 Possessing increased firepower and controlling extended ranges has
forced:
 Replacement of the M249 SAW by the Mk48 LMG Mk48 LMG
 Lethality trumps Weight Reduction when extended fires are required
 Leaders want to adopt the Mk48 LMG
 Fully recognizing its reduced reliability WRT the M240B/L

M240B

M240L

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Miscellaneous

Typical Observation Post (OP) field of fire along IED avenue of approach

M320GL mated to M4 Carbine…weapon painted, no sights for M320GL

30
M16A2 with M68 CCO and bipod mounted…no M1913 Rails.
 Acquisition Issues
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with Small Arms
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 Vendors sent items in theater/home station

– Lubricant:
 Company was sending free samples to soldiers in
theater with the claim that the lubricant was superior to
the Army approved lubricant (CLP)
 Testing done over several months (-46°c to +71°c)
proved that the superior lubricant was CLP

 Unit purchased items that modify weapons

– Suppressors
 BCT bought suppressors for Team Leader and above.
 Provides difficulty in determining:
 Suitability
 Long Term Reliability

31
Acquisition Issues
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with Small Arms
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 M4 Bolts
– There is no need for lubricating the weapon
– Less cleaning is required for maintenance
– There is considerably less fouling and debris build up inside
the weapon
– The coating on the bolt will never rub off or flake off
– The weapon operates cooler than one with a regular bolt.
 Testing was done by 5 soldiers who fired 1,000 each of M200 Blank
and M855 ball under range conditions

 Soldier purchased items that modify M4 Carbine

– Magazines
– Buttstocks

32
 Personally Equipped
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and Unit Purchase
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By choosing to purchase equipment that has not been provided from the Army,
individuals and unit commanders:
 Violate established Army Policy
– AR 750-10 Army Modification Program
 Increase risk to Soldiers

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QUESTIONS?

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290

Small Arms–Individual Weapons

INVESTMENT COMPONENT
Modernization thousand M14 EBRs were assembled be mounted on the shotgun. The bolt • 1QFY09: Materiel release and full-
at TACOM Lifecycle Management handle is mountable on either side for rate production decision
Recapitalization Command at Rock Island Arsenal in ambidextrous handling. • 3QFY09: First unit equipped
response to Operational Need Statements M26 Modular Accessory Shotgun
Maintenance
requesting a longer range capability. The MASS enables Soldiers to transition System:
The upgraded weapons are currently in between lethal and less-than-lethal fires • 4QFY09: Limited user test and
MISSION service with select Army units. and adds the capability of a separate evaluation with MP units
Enables warfighters and small units to shotgun without carrying a second • 2QFY10: Low-rate initial production
engage targets with lethal fire to defeat The M320 Grenade Launcher is the weapon. Additional features include a approved
or deter adversaries. replacement to all M203 series grenade box magazine, flip-up sights, and an • 4QFY10: First article testing
launchers on M16 Rifles and M4 extendable stand-off device for door complete
DESCRIPTION Carbines. A modular system, it attaches breaching.
The M4 Carbine replaces the M16 series under the barrel of the rifle or carbine PROJECTED ACTIVITIES
Rifles in all Brigade Combat Teams, and can convert to a stand-alone weapon. SYSTEM INTERDEPENDENCIES M4 Carbine:
Division Headquarters, and other The M320 improves on current grenade None • Continue: M4 production, deliveries,
selected units. It is 1.4 pounds lighter launchers with an integral day/night and fielding
and more portable than the M16 series of sighting system and improved safety PROGRAM STATUS M14 EBR:
rifles. The M4 series of carbines can also features. It also has a side-loading M4 Carbine: • 4QFY11: Complete remaining 1,200
be mounted with the M203A2 Grenade unrestricted breech that allows the • Current: Delivery and fielding systems
Launcher, M320 Grenade Launcher, or system to fire longer 40mm low-velocity M14 EBR: • Continue: In sustainment
M26 Modular Accessory Shotgun System projectiles (NATO standard and non- • 3QFY09: Army Requirements and M320 Grenade Launcher Module:
(MASS). standard). Resourcing Board approved 5,000 • Continue: Production and fielding
systems • Continue: Reduce size and weight of
The M14 Enhanced Battle Rifle (EBR) The lightweight M26 12-Gauge MASS • 1QFY10: 1,200 additional systems day/night sight
has a new adjustable buttstock, cheek attaches to the M4 Carbine and zeroes authorized M26 Modular Accessory Shotgun
rest and M4-style pistol grip, making to the host weapon. It is also designed • 3QFY10: First 5,000 complete System:
the rifle effective in both close quarters to operate as a stand-alone system, and (95 percent fielded) • 4QFY10–2QFY11: Ramp up to full
combat and in the Squad Designated comes with a recoil-absorbing, collapsible M320 Grenade Launcher Module: rate production
Marksman role. The EBR can be buttstock. The Picatinny rail mounted • 1QFY09: Type classification- • 2QFY11: Materiel release
returned to its original configuration on top allows accessory equipment to standard decisions • 3QFY11: First unit equipped
with no permanent modifications. Five

ACQUISITION PHASE
Technology Development Engineering & Manufacturing Development Production & Deployment Operations & Support

UNITED STATES ARMY

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291

Small Arms–Individual Weapons

FOREIGN MILITARY SALES

M4 Carbine:
Bosnia-Herzegovina, Colombia,
El Salvador, Jordan, Philippines
M4A1:
Bahrain, Yemen

CONTRACTORS
M4 Carbine:
Colt’s Manufacturing Co. (Hartford, CT)
M320 Grenade Launcher Module:
Heckler and Koch Defense Inc.
(Ashburn, VA)
M26 Modular Accessory Shotgun
System:
Vertu Corp. (Warrenton, VA)

WEAPON SYSTEMS 2011