Are FFL's exempt from the Mass AWB?

[Reptile]

If I had a source in another state for an AR15 (16 inch barrel) with a fixed stock and a flash hider (no bayonet mount), could I have it shipped to a FFL in Mass?
The FFL is a gunsmith who can unscrew the flash hider and pin/weld a brake onto the 16 inch barrel.
Then it would comply with the Mass AWB.

I think that FFL's may be exempt from the Mass AWB- in part or the whole thing.

Is that true?

If not, I will just have it shipped to a smith in NH to make it compliant.

Is there a place in the written law that mentions exceptions for FFL's regarding the AWB?

 

[Royal]

That's fine. It's not in your possession as a complete rifle with evil features. If your FFL/gunsmith agrees to do that for you you're gtg.

 

[grey]

I'm pretty sure you just can't put the non-compliant upper on a post-ban lower. If kept unassembled, you can possess it, have a gunsmith work on it, etc. AKA keep the lower and upper separate

 

[Reptile]

If the gun came with a Magpul PMAG (post AWB 30 round mag), could the FFL legally possess that?

I suppose he could give it to a police department but could he possess it in the mean time?

If he could not possess it, I suppose he could just smash it.

It's only worth $10 wholesale anyway.

 

[dreadedtrash]

If the gun came with a Magpul PMAG (post AWB 30 round mag), could the FFL legally possess that?

I suppose he could give it to a police department but could he possess it in the mean time?

If he could not possess it, I suppose he could just smash it.

It's only worth $10 wholesale anyway.

I have bseem plenty of post ban mags at gun shops. They are labeled LEO or out of state only. I don't think that they would have a problem with it.

 

[jron]

always try asking them to swap it for a 10 rounder, if not then to not send it if its a hassle.

 

[Bob Palermo]

Is there a place in the written law that mentions exceptions for FFL's regarding the AWB?

Yes, it is written in the MA laws.

 

[Rob Boudrie]

Yes, it is written in the MA laws.

Close but no ceegar.

It is the MA dealer's license, not the FFL, that triggers the exemption.

The difference is significant, as there are circumstances where once can get an FFL in MA but is disqualified from a MA dealer's license due to the "no residential addresses" law. One could get an FFL without a MA dealer's license if not engaged in sales to MA residents or if the FFL was to support work as a 1099 or unpaid consultant to a firearms manufacturer, photographer of firearms, gunwriter, etc.

 

[Reptile]

Close but no ceegar.

It is the MA dealer's license, not the FFL, that triggers the exemption.

The difference is significant, as there are circumstances where once can get an FFL in MA but is disqualified from a MA dealer's license due to the "no residential addresses" law. One could get an FFL without a MA dealer's license if not engaged in sales to MA residents or if the FFL was to support work as a 1099 or unpaid consultant to a firearms manufacturer, photographer of firearms, gunwriter, etc.

What about this:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121

The provisions of sections 122 to 129D, inclusive, and sections 131, 131A, 131B and 131E shall not apply to:

(A) any firearm, rifle or shotgun manufactured in or prior to the year 1899;

(B) any replica of any firearm, rifle or shotgun described in clause (A) if such replica: (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; and

(C) manufacturers or wholesalers of firearms, rifles, shotguns or machine guns.

 

[Bob Palermo]

Close but no ceegar.

It is the MA dealer's license, not the FFL, that triggers the exemption.

The difference is significant, as there are circumstances where once can get an FFL in MA but is disqualified from a MA dealer's license due to the "no residential addresses" law. One could get an FFL without a MA dealer's license if not engaged in sales to MA residents or if the FFL was to support work as a 1099 or unpaid consultant to a firearms manufacturer, photographer of firearms, gunwriter, etc.

I was attempting to keep it simple for the OP as most people use the term "FFL" for a dealer, and anyone who could legally do the work he describes would have to have a state dealer license. But you are correct, the exception only applies to the MA license.

 

[Rob Boudrie]

(C) manufacturers or wholesalers of firearms, rifles, shotguns or machine guns.

I suppose a credible argument can be made than at 07 FFL (manufacturer) would be exempt, however, nothing in the section exempts 01 (dealer) or 03 (C&R) FFLs who do not also have a state license.

I was attempting to keep it simple for the OP as most people use the term "FFL" for a dealer, and anyone who could legally do the work he describes would have to have a state dealer license. But you are correct, the exception only applies to the MA license.

I believe in precision when it comes to the law. If an FFL only would do it, I would already have one.

 

[Kevlar]

Is there a place in the written law that mentions exceptions for FFL's regarding the AWB?

Yes, dealers licensed under MGL 140-122 are exempt from MGL 140-131M, which states...

...Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished...

...while MGL 140-123 states...

...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...

...which, when read in conjunction with MGL 140-128...

Any licensee under a license described in section one hundred and twenty-three, and any employee or agent of such a licensee, who violates any provision of said section required to be expressed in the ... sixteenth ... condition of said license ... shall be punished...

...results in MA licensed dealers being exempt from possession of post-ban firearms and magazines.

 

[KodiakFan24]

sometimes I like to go to NH and just sit in Acme or 2nd Amendment, hold a PMAG, and imagine what it would be like to be free...

 

[bch1988]

sometimes I like to go to NH and just sit in Acme or 2nd Amendment, hold a PMAG, and imagine what it would be like to be free...

I was just at bass pro in myrtle beach. So many 30 rounders.......they had big boxes In the middle of the isle with assorted "grab bag" of magazines.