mav
NES Member
Completely magical thinking. The definition of assault weapon under MA law is “shall have the same meaning as” federal law of 13-sep-1994. MA terminology is not in play. You take the object, regardless of what it is called in MA, and go visit federal land. You ask federal land to tell you “is this an AW or not”. Then with that answer you come back to MA and know whether the object you are holding is an AW or not, again, regardless of what MA calls the object.
In federal land a SBR is subject to the federal rifle definition of AW.
Done. There is no magic that lets if fall between the cracks. You can take whatever risks you want and believe whatever you want, but dont be fooled into thinking you are exempt. That is magical thinking where you convolute or misunderstand the law to get the outcome you want versus what is actually true.
This is not in fact that complicated. Because MA did not bring in federal text but instead “shall have the same meaning”, all federal definitions are in play for determining if the object is an AW or not. No confusion.
Please don’t perpetuate your magical thinking no matter how many NRA instructors, police friends, gunsmiths, or people who stayed at a holiday inn express last night say otherwise.
No, IANAL, but having consulted a top lawyer on this subject, I am 100% confident in what I am saying above.
Preban SBR
If I make an SBR on a preban lower, does the manufacture of the SBR in accordance with the Form 1 nullify the rifle's preban status since Im technically creating a new firearm?
www.northeastshooters.com
Here's what NES had to say on the matter of an SBR and the MA AWB a number of years ago. Literally nothing has changed. The interpretation is muddy and as I said, will continue to be until there is a case decided.
I'm not saying you're wrong. I'm saying your interpretation may be incorrect and there is a good argument (made in posts #18-23) that it is in fact incorrect. But... we'll never know until someone gets jammed up and follows through to court.