Once every few weeks, someone wants to know whether or not the AWB is being enforced in Massachusetts. The short answer for you all is that it is being enforced, even when it involves an LTC holder (although in most if not all of these cases, there were other law violations in the mix as well). It's worth noting that many of these cases involve AR's/AK's; in three of them the rifle appeared to be legal in the first place.
My intent with this thread is not to create an all inclusive "Is my rifle/mag/mother-in-law pre-ban?" thread, but to identify as many instances as possible where the law has been enforced, to help people get a feel for the water, and maybe to even find some examples of the specific standards being applied to identifying AWB related items.
There is a difference between standard possession of a large capacity magazine without an LTC [MGL 269-10(m)] and possession of post-ban rifles/shotguns/large capacity magazines [MGL 140-131m]. I've picked through these to make sure that these are actual AWB charges to the best of my ability. Keep in mind that in many cases we're trying to piece together the details from news stories written by reporters who don't know guns or gun laws. I've done my best to find the correct info in these cases. Read the individual discussion threads for more particulars on various cases. AWB violations are felony charges.
I'm also really, really, really trying to limit this to documented cases that can be examined in some manner, and not anecdotal reports of "My best friend's uncle had a cousin who's neighbor's former roommate dated a girl who said she got arrested for..."
If you spot any others that can be reasonably verified, let me know and I'll post them up.
I have searched extensively for Mass. caselaw on the subject but I haven't found any SJC or appeals AWB cases. The ones listed below don't seem to have made it out of their respective District or Superior courts.
January 2003: Theft ring with assault weapons
http://www.mass.gov/Cago/docs/ourorganization/fy03_annual_report_final.pdf
Not much info here.
December 2004: CO with a personally owned AR-15
Came across this one in a civil service dispute from a Correctional Officer, Weinrebe v. DOC, CSC Case No. D1-06-347. Pages 18-25 discuss the criminal case involving his AR-15. He was an LTC holder, the gun was discovered during LTC revocation proceedings due to a report of domestic violence/209A.
http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/weinrebe_joel_112907.pdf
The case says in part:
then later:
then later:
Reading between the lines, it appears that the guy bought a marked AR-15 that had the evil features removed (meaning it was no longer an AW), and marked post ban mags, but was charged for the legal rifle and not for the illegal magazines. There's some interesting info there regarding how the weapon was ID'ed.
December 2005: Dorchester homicide
You can read details of this murder in the SJC case Comm. v. Carnes, 457 Mass. 812 (2010) and in the Suffolk DA's brief.
The SJC case says in part:
It appears that the charge for the AK was originally filed as an AWB offense based on one of the DA's press releases, and later modified to the more expansive (and as drgrant has often pointed out, much easier to prosecute) MGL 269-10(m) "large capacity" violation.
2006-2007: Online threats case & SKS rifle
http://www.mass.gov/?pageID=cagopre...ease&f=2007_09_26_thompson_sentence&csid=Cago
and
We also discussed this here on NES.
http://www.northeastshooters.com/vbulletin/threads/14879-No-bail-for-suspect-in-online-threat-case
August 2008: Incident w/ AR purchased from an FFL
http://www.northeastshooters.com/vb...ay-away-from-Universal-Firearms-in-Wake-Field
The NES User DSoM11 posted this:
Then later:
Basically because of RI state law, the PD in his town of residence found out that he had purchased an AR from an FFL. The police inspected it and believed that it was not AWB compliant when it actually was. Chaos ensued. The owner was not charged, but this could definitely be called an investigation of a potential AWB violation.
September 2008 to August 2010: Peter Manso's AR-15
http://www.northeastshooters.com/vbulletin/threads/43200-Indictment-for-Manso-weapons-confiscated
The news story said in part:
It's worth noting that the police report for this case stated in part:
Meaning the officer on scene ID'ed it as pre-ban, but he was charged anyway. The charges were later "thrown out" by the courts. Details are shaky on this, all we got was a one line update in the paper.
February 2009: Post ban mag investigation
http://www.northeastshooters.com/vbulletin/threads/57694-maybe-I-am-just-too-suspicious
The individual at the root of this lengthy thread was investigated for his possession of post ban mags when it came to light after other legal issues.
My intent with this thread is not to create an all inclusive "Is my rifle/mag/mother-in-law pre-ban?" thread, but to identify as many instances as possible where the law has been enforced, to help people get a feel for the water, and maybe to even find some examples of the specific standards being applied to identifying AWB related items.
There is a difference between standard possession of a large capacity magazine without an LTC [MGL 269-10(m)] and possession of post-ban rifles/shotguns/large capacity magazines [MGL 140-131m]. I've picked through these to make sure that these are actual AWB charges to the best of my ability. Keep in mind that in many cases we're trying to piece together the details from news stories written by reporters who don't know guns or gun laws. I've done my best to find the correct info in these cases. Read the individual discussion threads for more particulars on various cases. AWB violations are felony charges.
I'm also really, really, really trying to limit this to documented cases that can be examined in some manner, and not anecdotal reports of "My best friend's uncle had a cousin who's neighbor's former roommate dated a girl who said she got arrested for..."
If you spot any others that can be reasonably verified, let me know and I'll post them up.
I have searched extensively for Mass. caselaw on the subject but I haven't found any SJC or appeals AWB cases. The ones listed below don't seem to have made it out of their respective District or Superior courts.
January 2003: Theft ring with assault weapons
http://www.mass.gov/Cago/docs/ourorganization/fy03_annual_report_final.pdf
• Commonwealth v. Philip O’Neill and Commonwealth v. Kevin O’Neill (Special
Investigations and Narcotics Division) The above-captioned defendants were arrested as a result
of an undercover investigation of numerous OxyContin robberies by a nine-plus member ring
operated out of Charlestown, Massachusetts. The investigation was led by the Massachusetts
State Police Narcotics Unit in the Office of the Attorney General.
On January 30, 2003, the defendants, Philip O’Neill and Kevin O’Neill, pleaded guilty before
Judge Catherine White in Middlesex Superior Court.
Philip O’Neill pleaded guilty to the following charges: (1) Armed Robbery while Masked; (2)
Conspiracy to Commit Armed Robbery while Masked (2 counts); (3) Attempt to Commit Armed
Robbery while Masked; (4) Unlawful Possession of a Firearm; (5) Possession of an Assault Weapon; (6) Possession of a Large Capacity Weapon; (7) Possession of a Large Capacity Feeding Device; (8) Assault with a Deadly Weapon; (9) Trafficking of Opium Derivative; and (10) Conspiracy to Commit Trafficking. Judge White sentenced Philip O’Neill to a State Prison term of 10 to 12 years with three years of probation from and after the term of incarceration. Judge White also ordered the defendant to pay a $90 Victim Witness Assessment Fee.
Kevin O’Neill pleaded guilty to the following charges: (1) Conspiracy to Commit Armed Robbery
while Masked; (2) Attempt to Commit Armed Robbery while Masked; (3) Larceny of a Motor Vehicle; (4) Unlawful Possession of a Firearm; (5) Possession of Ammunition without Firearms Identification; (6) Possession of an Assault Weapon; (7) Possession of a Large Capacity Weapon; (8) Possession of a Large Capacity Feeding Device; and (9) Obliterated Serial Number. Judge White sentenced Kevin O’Neill to a state prison term of three to five years with three years of probation from and after the term of incarceration. Judge White also ordered the defendant to pay a $90 Victim Witness Assessment Fee.
The advocate assigned to the O’Neill cases provided victim assistance and witness management to
the numerous victims and witnesses present during the commission of the robberies. The advocate, along with the Massachusetts State Police, conducted many in-person meetings with the victims (pharmacy employees and customers) to discuss the status of the case and to address safety concerns. In particular, the advocate assisted two originally reluctant victims, a customer of the pharmacy and her 12-year-old son, both of whom were present during the robbery and were threatened with a gun by one of the defendants. The advocate provided counseling referrals and notification regarding case updates. The advocate also provided notification of disposition and post-conviction follow-up.
Not much info here.
December 2004: CO with a personally owned AR-15
Came across this one in a civil service dispute from a Correctional Officer, Weinrebe v. DOC, CSC Case No. D1-06-347. Pages 18-25 discuss the criminal case involving his AR-15. He was an LTC holder, the gun was discovered during LTC revocation proceedings due to a report of domestic violence/209A.
http://www.mass.gov/Eoaf/docs/csc/decisions/discipline/weinrebe_joel_112907.pdf
The case says in part:
62. One of the items removed from Appellant’s home was a “Colt AR 15A3 .223 CAL
serial #LBD001907 labeled “Restricted Military/Government Law
Enforcement/Export Use only.” (Exhibit 32; see also Testimony of Stanton, V. 2, p.
180)
then later:
67. Detective Stanton testified that after making these observations on the AR15, he
made phone calls and inquires to Colt Manufacturing Co., to the DOC, and
subsequently forwarded a criminal complaint regarding the weapon to the district
attorney’s office. (Testimony of Stanton, V. 2, pp. 140-141)
68. Detective Stanton testified that Colt Manufacturing Co. informed him that the AR15
that was confiscated from Appellant’s home left the factory in 1996. (Testimony of
Stanton, V. 2, p. 141) The Appellant also testified that the gun was manufactured in
1996. (Testimony of Appellant, V. 3, p. 47).
then later:
79. The Appellant testified that the weapon does not have a flash suppressor, bayonet lug, or folding or collapsible stock. (Exhibit 48)
80. On cross-examination when asked if his class A license permitted him to possess
guns that were banned and marked for military/government use only, the Appellant
first responded, “I don’t know of any.” Then when asked when his AR 15 was
stamped for law enforcement/military/government use only, the Appellant stated:
“Because a federal law that was probably passed in1994 and when I went to buy
magazines for my guns that were high capacity magazines, they were all stamped the
same thing and I had to show my driver’s license, my handgun license, my work I.D.,
and my badge to be able to buy those things.” (Testimony of Appellant, V. 3, p. 142)
Reading between the lines, it appears that the guy bought a marked AR-15 that had the evil features removed (meaning it was no longer an AW), and marked post ban mags, but was charged for the legal rifle and not for the illegal magazines. There's some interesting info there regarding how the weapon was ID'ed.
December 2005: Dorchester homicide
You can read details of this murder in the SJC case Comm. v. Carnes, 457 Mass. 812 (2010) and in the Suffolk DA's brief.
The SJC case says in part:
The defendant was convicted also of three counts of armed robbery; two counts of possession of a firearm without a firearm identification (F.I.D.) card; possession of a large capacity firearm; and larceny over $250.
...
Two guns were often seen in the basement: an AK-47 assault rifle and a Mosberg pump action shotgun. These weapons were used for sound effects in recording music and also for the protection of expensive recording equipment. A "rule" of the group was that all weapons must "come into the basement unloaded" to avoid accidents
It appears that the charge for the AK was originally filed as an AWB offense based on one of the DA's press releases, and later modified to the more expansive (and as drgrant has often pointed out, much easier to prosecute) MGL 269-10(m) "large capacity" violation.
2006-2007: Online threats case & SKS rifle
http://www.mass.gov/?pageID=cagopre...ease&f=2007_09_26_thompson_sentence&csid=Cago
WORCESTER – Today, a Shrewsbury man pleaded guilty and was sentenced in connection with making threatening statements over the Internet and the unlawful possession and storage of weapons and ammunition. Darren P. Thompson, age 24, entered a change of plea from not guilty to guilty for possession of a large capacity weapon, possession of an assault weapon, improper storage of a large capacity firearm, possession of ammunition without an FID card, possession of a shotgun without an FID card, and the threatened presence of a deadly weapon. Worcester Superior Court Judge Kathe Tuttman sentenced Thompson to serve two and a half to three years in State Prison to be followed by five years probation on an electronic monitoring bracelet. Judge Tuttman also ordered as part of Thompson’s probation conditions that he not possess any weapons, that he undergo a psychiatric evaluation and comply with all recommended treatment.
and
On November 30, 2006, during the course of the investigation, State Police assigned to the Attorney General’s Office executed a search warrant at Thompson’s home where they seized an SKS large capacity rifle, 22 rounds of ammunition, his computer, and homemade weapons including a bat with nails sticking out of it. Thompson was arrested that same night.
We also discussed this here on NES.
http://www.northeastshooters.com/vbulletin/threads/14879-No-bail-for-suspect-in-online-threat-case
August 2008: Incident w/ AR purchased from an FFL
http://www.northeastshooters.com/vb...ay-away-from-Universal-Firearms-in-Wake-Field
The NES User DSoM11 posted this:
I'm a Mass resident with a valid LTC-A. Had filed an FA-10 yet. The Cheif of Police in town I purchased the rifle from called the Cheif of Police in my town as a "Courteous" to inform him that a resident had purchased an AR15. The local PD gave me a call telling me this and wanted to take a look. I glady obliged. It ultimately came down to a flash suppressor issue. When I ordered the rifle to begin with one came in that was Non-Mass complaint and was sent back. When the other came in I was told it was ok by folks at the shop. Taking their word for it I went about my way.
Then later:
Yes, after some research the shop did sell me a legal rifle. Everyone involved was told it was illegal in Mass to possess. So my local PD tried to do me a favor in giving the rifle back to them on the grounds that they return my money. They agreed, they got the rifle back and I'm still out $1200 and have no reason to believe I'll ever see it. As for the police taking a look at the rifle. I live in a town where it is VERY hard to get an LTC-A. Near impossible. I didnt want to give them any reason to revoke it. Granted, I could have done a few things very differently. But in the end it boils down to an agreement that wasn't kept and the blatant slaps in the face I've taken. I am still going to pursue this. Will I get anywhere? Not likely.
Basically because of RI state law, the PD in his town of residence found out that he had purchased an AR from an FFL. The police inspected it and believed that it was not AWB compliant when it actually was. Chaos ensued. The owner was not charged, but this could definitely be called an investigation of a potential AWB violation.
September 2008 to August 2010: Peter Manso's AR-15
http://www.northeastshooters.com/vbulletin/threads/43200-Indictment-for-Manso-weapons-confiscated
The news story said in part:
The police saw the weapons when they responded to a burglar alarm in late December, while Manso was in California. They returned the next day with a warrant and seized three unlicensed weapons — a snub nose .38 revolver, a .22 caliber rifle and a Colt AR15 government carbine, an assault weapon, with a 30-round clip. Possession of the assault weapon carries a possible 10-year prison sentence and up to a $10,000 fine.
It's worth noting that the police report for this case stated in part:
"...inside of the case was a Colt Pre ban AR15 with a 30 round magazine in it."
Meaning the officer on scene ID'ed it as pre-ban, but he was charged anyway. The charges were later "thrown out" by the courts. Details are shaky on this, all we got was a one line update in the paper.
February 2009: Post ban mag investigation
http://www.northeastshooters.com/vbulletin/threads/57694-maybe-I-am-just-too-suspicious
The individual at the root of this lengthy thread was investigated for his possession of post ban mags when it came to light after other legal issues.
Last edited: