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556 Pistol in MA
- Thread starter silascopathic
- Start date
You sure about that?
Mass. Compliant Sig 556 HOLO Rifle ? ( cant find a 556 pistol )
http://www.northshorefirearms.com/id77.html ( about 75% way down on the page )
If you alter it, you're probably going to wind up making it MORE illegal than it already is.
If I were you I'd get that thing to a storage facility in NH, or make sure it gets lost in a fishing accident.
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If you're in MA - NH is the closest place.
Though I don't know how you could legally conduct a sale. Someone else may want to chime in.
I can think of one way to stay legal (for once you can use silly MA laws in your favor) #1 seperate the lower from the upper, let your "buddy" hold the lower, you hold on to the upper (the serialized part) the feds consider that a firearm, but its not considered a firearm under MA law because it can't shoot...Then file the forms to SBR it, and once they are approved put it back together as an SBR. Because of the AW ban you'll need to change the falsh suppressor to a break (and pin it) and and your stock will have to be fixed, but honestly you will end up with a much more usable firearm than it is as a pistol...
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FYI - possessing that thing in MA is a FELONY that carries jail time and a lifetime ban on owning firearms ever again. Every high cap mag that may have come with it is a seperate offense. Dissassemble or disapear it pronto...getting pinched is going to cost you way, way more than $200
The serial number will remain though and that serial number is for a pistol as far as the ATF is concerned.
To say it a different way, even a bare AR lower with a pistol serial number is illegal in MA once built out.
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It's against Federal Law for residents of different states to conduct face to face sales...as someone said above you would have to do an FFL transfer; I don't know if that would expose you. IMHO you should get it out of the state asap or consult an attorney.
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The MA Compliant model is rifle only...the pistol can't be as it has three banned features - magazine well outside of the grip, barrell shroud ("the shoulder thing that goes up") and weight. This cannot be made compliant.
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I would agree IF one builds it out as a pistol then yes, it would be illegal, but if he is building it out as an SBR that would not be the case.
If he disassembles it (to comply with MA Law) and once approved build it into a MA AW ban compliant SBR, it is then in the feds eye's an SBR, not a pistol. The fact that the "host" was formerly a pistol is moot. No different than buying an "MP5K-PDW" SBR built on an an SP89 "host" the host being a non-ma compliant pistol, the SBR being legal, because its not a pistol anymore.
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He CANNOT hold the upper in MA without a tax stamp.
It would be considered constructive possession. Also a felony.
Bottom line; you're committing a felony just by having it now. Best of luck with whatever you decide. If it were me, I would not worry about how to skirt the law, or about waiting times for a tax stamp. I would also not continue discussing this on a message board. Best case scenario - you're out $2K. Worst case; well, you know.
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Burgermeister
NES Member
Call me sheep, but when the discussion revolves around the gray area of whether we're potentially violating federal law as well as state law and potential workarounds, I think "I'm out."
Personally, I'd find a way to rid myself of the (potentially) offending weapon, until such time as I no longer reside in the Commonwealth.![[thinking]](/xen/styles/default/xenforo/smilies.vb/010.gif "Thinking [thinking]")
Personally, I'd find a way to rid myself of the (potentially) offending weapon, until such time as I no longer reside in the Commonwealth.
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Fixxah
NES Member
Not only is he less than genius for the OP but it seems to be a fishing expidition to find the answer he wants. IMHO, I think he is going to keep it reguardless of the penal vacation it may bring. Good luck with that.
Constructive possession can be used in "anything", by that I mean it is a legal concept not limited to use in firearms cases.
I would like to point out one thing, I am not advocating breaking the law. What the OP described here in its current status is a clearly a violation of several massachusetts firearms regulations. My suggestion of disassebly/seperation/registration as an AW ban compliant SBR is one of serveral options which could be used to "correct" the situation (as would be: selling/consigning it to an FFL or simply getting it out of state).
