80% lower: No FID or LTC = Legal in Mass?

[Reptile]

If a person in Mass makes an 80% lower into a completed lower and said person dos NOT have a FID or LTC - is it legal to possess in the home?

I do not think that has ever been covered on here being that 95% of us are licensed.

 

[Donvin999]

It is my understanding that ma does not consider it a firearm until it is capable of firing shot hence the whole fa-10 when you build not buy. But, I'd hate to see someone try in this state!

 

[WallHack]

It is my understanding that ma does not consider it a firearm until it is capable of firing shot hence the whole fa-10 when you build not buy. But, I'd hate to see someone try in this state!

/thread

 

[Davidk]

The 80% lower is legal to possess in MA without a LTC because it is not considered a firearm. Once it is finished beyond the 80% level, it becomes a firearm and is unlawful to possess without a MA license.

 

[dessert1st]

For your information, per provisions of the Gun Control Act (GCA) of 1968, 18 U.S.C. Chapter 44, an unlicensed individual may make a “firearm” as defined in the GCA for his own personal use, but not for sale or distribution.
The GCA, 18 U.S.C. § 921(a)(3), defines the term “firearm” to include the following:
… (A) any weapon (including a starter gun) which will or is designed to or may be readily converted to expel a projectile by the action of an explosive: (B) the frame or receiver of any such weapon; (C) any firearm muffler or silencer; or (D) any destructive device. Such term does not include an antique firearm.


I know people who have completed lowers without being licensed but its in your best interest to keep it "hush hush". It's fun to do most definitely. There's the ATF's stance though.... keep in mind, the state may not agree.

 

[cekim]

The 80% lower is legal to possess in MA without a LTC because it is not considered a firearm. Once it is finished beyond the 80% level, it becomes a firearm and is unlawful to possess without a MA license.

Don't take my word for it, ask a lawyer, but your answer does not match MA MGLs, nor does MGL match federal law.

MA law and federal law do not have the same definition of "firearm". While a 4473 is most definitely required to transfer a bare receiver, an FA10 is only "recommended, for your protection" per the CHSB as they are not a firearm. No 4473 or federal license is required for a non-FFL to manufacture a firearm for their own use under federal law.

I would not want to be a test case on something like this. Don't do dumb things. If you read any caselaw from MA, you will see that judges here do not follow the strict letter of the law. They legislate freely from the bench and almost never in favor of 2A rights.

 

[Davidk]

So you are saying that no license is needed for a fully functional lower? If so, can a MA resident have a lower transfered to him by a dealer without a license?

 

[WallHack]

So you are saying that no license is needed for a fully functional lower? If so, can a MA resident have a lower transfered to him by a dealer without a license?

If its never been assembled into a complete firearm before, technically yes. No FA-10 on lowers, just a 4473.

 

[cekim]

So you are saying that no license is needed for a fully functional lower? If so, can a MA resident have a lower transfered to him by a dealer without a license?

An FFL would need to comply with two different sets of laws. Federal law says it is a firearm and as such needs a 4473 and cannot be sold to someone who is not able to possess a "firearm" in their state of residence.

So, an FFL would have to assume that they could not sell a "firearm " to a MA resident without a license.

MA law on the other hand defines a "firearm" much more narrowly and if you ask the CHSB about FA10 for a receiver, they will say "it is not a firearm", but they also suggest an fA10 to document the transfer ostensibly for "your protection" as the seller.

So it is a gray area and personally. I avoid gray areas for the reasons previously stated.

 

[Knowthelaw]

I had one not assembled and I my i didn't get charged because it wasn't a functional gun the police were passed and siezed my parts my certificates of firearms safety and then said they took nothing. They were obviously passed. Yes massahcusetts

 

[Palladin]

I had one not assembled and I my i didn't get charged because it wasn't a functional gun the police were passed and siezed my parts my certificates of firearms safety and then said they took nothing. They were obviously passed. Yes massahcusetts

?????

 

[slap shot]

I had one not assembled and I my i didn't get charged because it wasn't a functional gun the police were passed and siezed my parts my certificates of firearms safety and then said they took nothing. They were obviously passed. Yes massahcusetts

dafuq you say?

 

[kalash]

Why am I reading through a 9yo thread just to find out that someone who joined yesterday bumped it with a post written in pig Latin?

 

[June4th]

A necro thread bumped by a new ID’s first post, knowthelaw no less, that’s so poorly spelled and written, makes me wish Scrivener were still here.

 

[slap shot]

A necro thread bumped by a new ID’s first post, knowthelaw no less, that’s so poorly spelled and written, makes me wish Scrivener were still here.

yup, in the case I can't help but back the blue!

 

[one-eyed Jack]

A necro thread bumped by a new ID’s first post, knowthelaw no less, that’s so poorly spelled and written, makes me wish Scrivener were still here.

New Maura hire? Jack.

 

[ReluctantDecoy]

 

[40 Creedmoor fan]

Here we go! "Hi Maura" goblins have awaken and ready to ruin a thread...

 

[m_n_x]

I had one not assembled and I my i didn't get charged because it wasn't a functional gun the police were passed and siezed my parts my certificates of firearms safety and then said they took nothing. They were obviously passed. Yes massahcusetts

"They were obviously passed"

Like passed, passed?
Dead?
Deceased?
Pushing up the daisies passed?

 

[namedpipes]

I had one not assembled and I my i didn't get charged because it wasn't a functional gun the police were passed and siezed my parts my certificates of firearms safety and then said they took nothing. They were obviously passed. Yes massahcusetts

Kinda reading between the lines...

You were raided or stopped and had the parts of a firearm but the lower was an 80%. Since it wasn't a "gun" yet, you weren't charged but they kept the parts anyway.

Well the right thing to do is to engage a lawyer and start deposing everyone involved, sue them for a million bucks or so. But the parts value was likely around $500-600, which you'll spend far more trying (with little chance of success) to get back.