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  1. #1
    NES Member Len-2A Training's Avatar
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    Default AG's New AWB - 7/20/2016

    I suggest reading this and the FAQ. It won't answer much but it is all we have.

    http://www.mass.gov/ago/public-safety/awbe.html

    I'm getting numerous PMs about it and just like everyone else, I was blindsided on this until I looked at NES this morning. IANAL and since our "astute" AG who is one is writing her own laws now, it really is anyone's guess where this is going. GOAL is correct that it could include ALL semi-automatic guns. The AG is saying "using her discretion" she won't prosecute those of us who currently own them, however elsewhere she says that she may change her mind about that and go after us.

    - Buying or selling one as of today becomes a very risky business.
    - I don't expect any court in MA (and that includes the USDC) to support gun owners over this. And even if someone is prosecuted and thru a miracle they win, they will easily be out $10-20K minimum in legal fees.
    - Registering anything as of today is very risky as you can't backdate when you obtained it.
    - Building up a gun for which you've owned the lower/frame is very risky business, as the Registration option autoselects the date you do the FA-10 as the date of mfr.
    - I don't expect the legislature to do anything about this, any more than they did when the CMR was created back in 1998.
    - I don't believe that the Governor can do anything to stop her either.
    - Support Comm2A, but don't expect miracles. Court cases take years and the results lately have not been in our favor in USDC.
    - Keep in mind that GOAL can ONLY do legislative lobbying by their charter and that isn't likely to bring any results in this case . . . but it is NOT their fault.
    - It's high time that ALL the MA gun dealers (except the RAT) gather and create a useful trade organization to fight this sort of BS. Highly unlikely to happen and would be counterproductive if the RAT was allowed to continue as their mouthpiece.

    NONE of us likes waking up and being told by the AG that we are FELONS for having bought/sold something that was legal, strictly due to her unilateral interpretation. Even if she is saying that she won't prosecute us AT THIS TIME (subject to change based on her mood).


    I do ask that people please stop PM'g me on this issue as I don't have a crystal ball either. It sucks big time but I don't have any answers either in this case. Thanks.
    Mass. Gun Laws By and For Non-Lawyers (How To Stay Legal and Out of Trouble) - Seminar
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  2. #2
    NES Member Len-2A Training's Avatar
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    Default

    Due to the cowardice of the legislature in not addressing this issue, we are in for a long slog in the courts with a totally uncertain outcome.

    Expect this to take 2-5 years in court!!

    In the meantime, my advice is to NOT raise your head above the firing line and don't build/buy/sell anything that requires registration (and may fall into the AG banned category) and may bring your name to the attention of the AG, local DA or local PD! I'm sure that they will make an example of someone and that person (or persons) will rot in State Prison for years while this is battled out.

    Again, please don't PM me, the above is going to be my advice.
    Mass. Gun Laws By and For Non-Lawyers (How To Stay Legal and Out of Trouble) - Seminar
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  3. #3
    NES Member Len-2A Training's Avatar
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    Default

    Since there is lots of confusion about this, I suggest reading the following AGO response to the "Records Request" filed by David Reinhart.

    There is some contradictory info here but also some clarifications that could be used in case anyone feels at risk for selling/buying those guns that comply with MGL as passed by the General Court and signed into Law by a Governor.

    https://www.scribd.com/document/3222...rt-Healey-FOIA

    ETA the following:

    - In particular, pg 18, 20 of the above document clearly states from AGO that if you owned it prior to 7/20/16 and it was registered in MA, it is LEGAL to privately sell said gun in-state to another LTC holder.

    - Her FAQ/Q&A specifically states that .22LR "ARs" are exempt as well.


    ETA (6/17): Sorry to say that scribd requires a paid subscription to print/DL that document. I will post some alternative info below but at least you can still read off scribd without paying for now!
    Last edited by Len-2A Training; 06-13-2017 at 09:30 AM.
    Mass. Gun Laws By and For Non-Lawyers (How To Stay Legal and Out of Trouble) - Seminar
    http://2atraining.weebly.com/
    NRA Certified Instructor and Range Officer, Law of Self Defense Instructor Program Graduate

  4. #4
    NES Member Len-2A Training's Avatar
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    Default

    It was alleged in a couple of threads that MIRCS/CJIS said real pre-bans (9/13/1994) are also illegal to possess/buy/sell amongst LTC-holders in MA.

    I spoke with Michaela FTF yesterday and she assured me that neither she or her Counsel said any such thing!

    I've known and dealt with Michaela for a number of years now and her Counsel (Jody) as well, and can tell you that I have never had any reason to NOT believe what they told me. I know something of their backgrounds which also gives me confidence in what Michaela told me yesterday.

    Read all the "etchings" of our illustrious AG and you will see where she made two things clear: .22LR is a non-issue and pre-ban (1994) so called AWs are also GTG.
    Mass. Gun Laws By and For Non-Lawyers (How To Stay Legal and Out of Trouble) - Seminar
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  5. #5
    NES Member Len-2A Training's Avatar
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    Default

    Here's an admission by the AGO that those of us who bought (unregistered) lowers prior to 7/20/16 but never built up the gun are free to build them up and register them, just keep paperwork proving that you possessed them (and the Email attachment below) along with the eFA-10 after you built it.

    NOTE: The original query was if the AG was causing the ATF to hold back on approving NFA forms to build ARs in SBS configuration. The first sentence implies this but the last sentence clarifies that anyone can build out their previously owned lowers.
    Attached Files Attached Files
    Last edited by Len-2A Training; 04-30-2017 at 11:03 AM.
    Mass. Gun Laws By and For Non-Lawyers (How To Stay Legal and Out of Trouble) - Seminar
    http://2atraining.weebly.com/
    NRA Certified Instructor and Range Officer, Law of Self Defense Instructor Program Graduate

  6. #6
    NES Member Len-2A Training's Avatar
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    Default

    In lieu of scribd requiring paid subscription to DL or print the document, here's some other info that could be useful.

    http://www.mass.gov/ago/public-safet...ent-notice.pdf - at the end they state that YES you can sell the AG-declared AWs to another LTC holder legally if you possessed it prior to her edict (she made it clearer in the Emails in the scribd document however).
    Mass. Gun Laws By and For Non-Lawyers (How To Stay Legal and Out of Trouble) - Seminar
    http://2atraining.weebly.com/
    NRA Certified Instructor and Range Officer, Law of Self Defense Instructor Program Graduate

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