Hey, just hoping to get some help with applying for a SBS in mass. I own a brand new benelli M4 fixed stock shotgun and I want to e file for a SBS. They sell factory new 14” barrel assemblies online. My hope is that due to the 14” barrel being factory new it would avoid the sawed off shotgun label. Thank you for any help or insights anyone could provide me.
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Benelli M4 entry 14” SBS
- Thread starter A-A-Ron
- Start date
Requisite "Hi Maura".
The short answer is you cannot, and should not attempt to.
The long answer involves what the feds call an "SBS" meeting the MA definition of a different item (SOS, or sawed-off-shotgun) and being grounds for a potential life sentence, unless you are an exempt military or law enforcement officer (or licensed dealer). Yes, even if you have a valid tax stamp. Yes, even though it's a factory barrel and has not actually been "sawed" off. The MGL definition is quite clear on the matter; once a shotgun, always either a shotgun - OR - a 'sawed-off shotgun' aka potential life sentence.
"Sawed-off Shotgun, any weapon made from a shotgun, whether by alteration, modification or otherwise, if such weapon as modified has one or more barrels less than 18 inches in length or as modified has an overall length of less than 26 inches."
You could build a "firearm" in 12ga which would be treated as a handgun in MA, provided it meets the various requirements regarding OAL... like a "shockwave" style weapon. In a free state that could be done using a pistol-grip-only "firearm" with an 18" barrel as a donor, but unfortunately under MA law a pistol-grip-only "firearm" is ALSO considered a "shotgun" and therefore would still result in an illegal SOS. So you'd have to use a virgin receiver to build such a thing, and I don't think you'll find a virgin (never assembled as a shotgun or "firearm") M4 receiver.
The short answer is you cannot, and should not attempt to.
The long answer involves what the feds call an "SBS" meeting the MA definition of a different item (SOS, or sawed-off-shotgun) and being grounds for a potential life sentence, unless you are an exempt military or law enforcement officer (or licensed dealer). Yes, even if you have a valid tax stamp. Yes, even though it's a factory barrel and has not actually been "sawed" off. The MGL definition is quite clear on the matter; once a shotgun, always either a shotgun - OR - a 'sawed-off shotgun' aka potential life sentence.
"Sawed-off Shotgun, any weapon made from a shotgun, whether by alteration, modification or otherwise, if such weapon as modified has one or more barrels less than 18 inches in length or as modified has an overall length of less than 26 inches."
You could build a "firearm" in 12ga which would be treated as a handgun in MA, provided it meets the various requirements regarding OAL... like a "shockwave" style weapon. In a free state that could be done using a pistol-grip-only "firearm" with an 18" barrel as a donor, but unfortunately under MA law a pistol-grip-only "firearm" is ALSO considered a "shotgun" and therefore would still result in an illegal SOS. So you'd have to use a virgin receiver to build such a thing, and I don't think you'll find a virgin (never assembled as a shotgun or "firearm") M4 receiver.
@Frizzle Fry , if one was an 07, Will the feds approve an efile on a form 2? if you did it from the ground up? I never have seen a "sawed off shotgun" interpretation be that expansive/encompassing in mass.
The shotgun bullshit in mass is infinitely confusing. We could start a discussion about whether a tube is an lcafd or not....![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
The shotgun bullshit in mass is infinitely confusing. We could start a discussion about whether a tube is an lcafd or not....
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@Frizzle Fry , if one was an 07, Will the feds approve an efile on a form 2? if you did it from the ground up? I never have seen a "sawed off shotgun" interpretation be that expansive/encompassing in mass.
The shotgun bullshit in mass is infinitely confusing. We could start a discussion about whether a tube is an lcafd or not....
When I had an 07/SOT in MA I had no problem with manufacturing and transferring on my license, but I never tried anything as an individual, because why poke the bear. That is a really good question, as the MGL says "Whoever, except as provided by law," and only points to the MGLs on machineguns. I wouldn't expect to make any friends with that loophole, should it exist...
I know of one other manufacturer in MA, years back, who decided to remanufacture factory weapons into his own "shockwave" style Firearms. After consulting with the ATF, he was given an approval letter to take Shotguns AND Firearms (provided he logged the change in AFMER status for shotguns) and marked the receiver of either with his own information as the new "manufacturer". The problem became that while the ATF has no issue with appropriately licensed manufacturers changing AFMER status (even in ways that non-FFLs cannot i.e. rifle to pistol), MA has that stupid provision about being made out of a shotgun... and considers 18" pistol-grip-only "firearms" to be shotguns as well. A few were made, none were sold here, the state had no problem with them on an FFLs books but did not want them transferred to LTC holders.
In the end, a virgin receiver would have been fine, but what would it be called on an FA10? Probably a pistol... but it's off roster. So now you get into selling receivers separately...
) is there a way to file for a SBS or would it still fall under pistol laws?
CrackPot
NES Member
Building an SBS in MA as a private citizen is possible. Yes you have to be careful to avoid creation of a sawed-off shotgun since the penalty rather severe.
The key in the sawed-off shotgun definition is that you have to start with a shotgun. The definition of a shotgun in MGL is "a weapon having a smooth bore with a barrel length equal to or greater than 18 inches with an overall length equal to or greater than 26 inches, and capable of discharging a shot or bullet for each pull of the trigger"
So start with a receiver or start with a "not a shotgun" weapon such as Shockwave with < 18" barrel. Either of these gives you a starting point that is not a shotgun and allows you to create an SBS.
Some people might say you need a virgin receiver because otherwise if it was previously a shotgun you are going to jail. Again, look at MGL definition of sawed-off shotgun. It says to be a sawed-off shotgun it has to be any "weapon" when you start to modify. Weapon is defined as "any rifle, shotgun or firearm.". So it is lawful for someone to take a functioning shotgun and turn it into a receiver (the receiver is not a "weapon"). If you then buy the receiver, you are starting with something that is not a shotgun when you start to modify.
You have to follow federal law also, but the concern and key is to be careful under MA law around sawed-off shotgun.
Of course, you get to manage your own risk and believe what you want to believe.
The key in the sawed-off shotgun definition is that you have to start with a shotgun. The definition of a shotgun in MGL is "a weapon having a smooth bore with a barrel length equal to or greater than 18 inches with an overall length equal to or greater than 26 inches, and capable of discharging a shot or bullet for each pull of the trigger"
So start with a receiver or start with a "not a shotgun" weapon such as Shockwave with < 18" barrel. Either of these gives you a starting point that is not a shotgun and allows you to create an SBS.
Some people might say you need a virgin receiver because otherwise if it was previously a shotgun you are going to jail. Again, look at MGL definition of sawed-off shotgun. It says to be a sawed-off shotgun it has to be any "weapon" when you start to modify. Weapon is defined as "any rifle, shotgun or firearm.". So it is lawful for someone to take a functioning shotgun and turn it into a receiver (the receiver is not a "weapon"). If you then buy the receiver, you are starting with something that is not a shotgun when you start to modify.
You have to follow federal law also, but the concern and key is to be careful under MA law around sawed-off shotgun.
Of course, you get to manage your own risk and believe what you want to believe.
Let me ask, could all of this be avoided if you had a FFL dealer with SOT who was not also a MA state dealer use 1 of his 4 personal transfers?
If that was the case, I’d consider doing it as my Fall River FFL is going live august 1 and it will likely be a bit longer until my state dealer license comes in.
If that was the case, I’d consider doing it as my Fall River FFL is going live august 1 and it will likely be a bit longer until my state dealer license comes in.
