Boston Assault Weapon Ban and SBRs

[dennism]

I posted this question over in the Boston AWB sticky in the law forum but I suspect it will get more eyes here.

The Boston Ban specifically defines rifles as having barrels greater than 16" and bans magazines used in rifles greater than 10 rounds in capacity. Does this mean that with an SBR 'rifle' mags are A OK? That AR platform SBR's are good to go too?



3. "Large capacity ammunition belt", a belt or strip which holds more than ten rounds of ammunition to be fed continuously into a semi-automatic rifle or shotgun or an ammunition belt which can be readily converted into a large capacity ammunition belt.




4. "Large capacity magazine", a box, drum, or other container which holds more than ten rounds of ammunition to be fed continuously into a semi-automatic rifle or shotgun or a magazine which can be readily converted into a large capacity magazine.




5. "Rifle", a firearm of which the length of barrel is sixteen inches or more, that is designed or has been redesigned, made or has been remade to fire a fixed cartridge.

 

[kalash]

I am neither a lawyer nor an expert on this but:

You'd have to set up a trust, since there is no way in hell Evans or McDonough would ever approve you for a stamp. I'd keep a lawyer on speed dial even though I guess technically it might be legal.

 

[Love Machine]

Technically? Probably. Enough to save your ass form a reaming? Not likely.

 

[dennism]

Technically? Probably. Enough to save your ass form a reaming? Not likely.

I am storing the fun stuff in nh for now. Moved in with parents to save money for a house. Just curuious if this is a safe angle.

 

[Love Machine]

I wouldn't, because **** all that noise.

 

[dennism]

I wouldn't, because **** all that noise.

Worse case penalty from my reading of the law is a 1k penalty. So not that bad.

 

[browncoat]

The rifle might slip by. I don't think any judge reading that law would let the magazines slip though.

 

[Asaltweapon]

I wouldn't dance with that devil if I had options for storing out of state.

 

[Gillham]

(1) "Assault weapon", all rifles and shotguns designated as assault weapons in this section and all other semi-automatic rifles and shotguns which are determined by the assault weapon roster board, established under the provisions of section five, to be assault weapons. Such term shall include, in addition to any other rifles and shotguns identified by said board, all versions of the following, including rifles and shotguns sold under the designation provided in this section and rifles and shotguns which are substantially identical thereto sold under any designation:-

(a) Avtomat Kalishnikov, also known as AK-47 semi-automatic rifles;
(b) Uzi semi-automatic rifles;
(c) AR-15 semi-automatic rifles;

Don't even bother reading further - it's a variant of an AR15.

Their catch all on the rifle mags:

SECTION 2.
In the city of Boston, it shall be unlawful to sell, rent, lease, possess, purchase, barter, display, or transfer a large capacity magazine or a large capacity ammunition belt.

 

[dennism]

Don't even bother reading further - it's a variant of an AR15.

Their catch all on the rifle mags:

But per the Boston definition it is not a rifle no?

 

[Gillham]

But per the Boston definition it is not a rifle no?

It's a SBR, AR-15. Stop trying to call it something it's not.

 

[dennism]

It's a SBR, AR-15. Stop trying to call it something it's not.

But the Boston ban specifically defines it as a rifle and specifically defines a rifle as having a barrel that is greater than 16" by that definition an SBR is not a rifle. . I have my gear in NH for safety sake but it is rather unclear when it comes to SBRs and mags for SBRs.

 

[Gillham]

Just go buy a Tavor. It's not on the list.

 

[browncoat]

But the Boston ban specifically defines it as a rifle and specifically defines a rifle as having a barrel that is greater than 16" by that definition an SBR is not a rifle. . I have my gear in NH for safety sake but it is rather unclear when it comes to SBRs and mags for SBRs.

The Boston ban also specifically excludes any rifles with permanently attached magazines and also specifically includes SKS. So does the standard SKS fall under the Boston AWB? It's a poorly written law. I kept my SKS outside the city until I moved so I didn't have to worry about it.

 

[Gillham]

But the Boston ban specifically defines it as a rifle and specifically defines a rifle as having a barrel that is greater than 16" by that definition an SBR is not a rifle. . I have my gear in NH for safety sake but it is rather unclear when it comes to SBRs and mags for SBRs.

Sure, a short barrel rifle has a barrel length of less than 16". I agree with you, according to the AWB for Boston, that their definition does not apply to a registered SBR. But if it came down to a jury of your peers, and the prosecutor repeatedly says 'Short Barreled Rifle' - regardless of how poorly written things are, the jury or judge will see scary killy thing that only the military should have, and the jury will glaze over 1.5 inches.

So you have an AR-15 that is a short barrel rifle, they'll skip back up to where it says any designation or variant, and see AR-15.

 

[dennism]

This is going to be a painful money savings period. Unfortunately Tavor does not fit in with money savings period.

 

[Gillham]

The Boston ban also specifically excludes any rifles with permanently attached magazines and also specifically includes SKS. So does the standard SKS fall under the Boston AWB? It's a poorly written law. I kept my SKS outside the city until I moved so I didn't have to worry about it.

Hah I never caught that one.

Not an assault weapon
(i) a rifle which employs a fixed magazine with a capacity of ten rounds or less;

But an assault weapon... wat?
(f) SKS semi-automatic rifles;

- - - Updated - - -

This is going to be a painful money savings period. Unfortunately Tavor does not fit in with money savings period.

M1 Garands? Cause you know, those aren't as powerful as AR-15s....

 

[dennism]

.

 

[browncoat]

M1 Garands? Cause you know, those aren't as powerful as AR-15s....

That was the ironic thing. I had a garand under my bed, and according to Boston that was A-OK.

 

[kelton]

Tube fed

 

[CTpatriot]

Don't even bother reading further - it's a variant of an AR15.

Their catch all on the rifle mags:

they dont mention banana clips in their law, must be a loophole

 

[kalash]

For Boston residents:
-Tavor is perfectly fine but no AR15s. Get one if you have the cash, they're awesome (just remember - no 10+ mags!)
-Garand is perfectly fine but no SKSs. Get one - everyone should have a Garand.
-Technically, I think you're right - an SBR AR15 is not an AR15 rifle. But I wouldn't poke that bear... not even with a full-length Mosin and a bayonet. There are also many really gray ways of getting past all this BS but again, I wouldn't recommend going down that road.

 

[MachineHead]

From Dictionary.com:

"Peer-—noun

a person of the same legal status: a jury of one's peers.
a person who is equal to another in abilities, qualifications, age, background, and social status."

Could you imagine an actual "jury of your peers?" ...that'd be interesting to see those with similar abilities, background, and qualifications back you up in Boston to help educate an almost certain liberal jury on why any "malum prohibitum" is bs.

 

[massBRS]

Not giving legal advice just making a statement. I kept my SBR in brighton when I lived there. No harm, no foul. I will also say that I did NOT have and AR15 with a barrel length of 16" in Boston. I never planned on using the SBR for defense, and it was kept in a MA compliant locked violin case, so should any trouble have come to my apartment, there wouldn't be a reason for the police to go into a locked violin case. I also didn't show it to anyone visiting my apartment, except my cousin on one visit during the entire time of my stay in Brighton. I also have my trust address a PO box outside of Boston. Just some pro tips.

 

[crazymjb]

Im sure the OP knows he could "get away with it," thats not really the question.

The Tavor is an excellent rifle, I had one for a while. The RDB is supposed to be pretty nice as well when it comes out.

Mike

Sent from my cell phone with a tiny keyboard and large thumbs...

 

[atilla]

all versions of the following, including rifles and shotguns sold under the designation provided in this section and rifles and shotguns which are substantially identical thereto sold under any designation

this is what gets you. if it weren't for the "under designation provided" you could just SBR something and give it a creative name. for example i have a delaware machinery lower on a SBR, they didn't include model designation on the roll mark. i registered it as a MB-15. that's short for murderboner-15 naturally.

i'm sure there would be an army of anti-gun hoplophobes who would be happy to take you on in court with bloomberg's money over something like that however.

instead of worrying about moving your guns to MA from NH you should try to move yourself from MA to NH, or if you're stuck in MA try to get outside the city so you can get your toys back home.

 

[Smash05]

Lawyer here. If Boston wants to **** with you, they will.