Boston "Assault Weapons Ban" ... n00b content

[vellnueve]

The M1 carbine is Boston legal. No mags over 10 rounds through.

 

[flintoid]

vellnueve is right - if you check the wording of the ban, the m1 carbine is not listed as banned.

It's why I chose the fs2000 as a 'modern' 5.56 semi auto since I'm a boston resident in Brighton. There are a variety of semi auto rifles out there that can be owned and stored in city limits. You just have to do a little reading. I believe there are links to the law earlier in this thread.

 

[garandman]

vellnueve is right - if you check the wording of the ban, the m1 carbine is not listed as banned.

It's why I chose the fs2000 as a 'modern' 5.56 semi auto since I'm a boston resident in Brighton. There are a variety of semi auto rifles out there that can be owned and stored in city limits. You just have to do a little reading. I believe there are links to the law earlier in this thread.

Where did you find the wording of the ban? I thought it was on the GOAL site but can't find it.

 

[Len-2A Training]

It's here on NES if you search the MA Gun Laws sub-forum

But <sigh> we know that most folks don't bother searching. [NOTE: Not picking on you, it's just discouraging to spend many hours pulling up all this stuff, making it into Stickies, and hardly anyone ever bothers to look for it.]

 

[garandman]

It's here on NES if you search the MA Gun Laws sub-forum

But <sigh> we know that most folks don't bother searching. [NOTE: Not picking on you, it's just discouraging to spend many hours pulling up all this stuff, making it into Stickies, and hardly anyone ever bothers to look for it.]

Yeah, I know how to search, that's how I found this thread which had not been posted in for five months. Since I've searched through 21 threads looking for the actual text of the AWB, without finding it, I surrender. I'll contact GOAL and get an answer.

 

[Len-2A Training]

Yeah, I know how to search, that's how I found this thread which had not been posted in for five months. Since I've searched through 21 threads looking for the actual text of the AWB, without finding it, I surrender. I'll contact GOAL and get an answer.

Well, I just took my time and found it:

http://www.northeastshooters.com/vbulletin/showthread.php?t=7865 Post #22 and beyond.

When you look at this link you'll find something funny . . . it IS THIS EXACT THREAD!!

Just because nobody posted to a thread in x months does not mean that the info there is worthless. Boston may have made some additions to their ban, but the underlying ban was enacted in 1989 and hasn't changed for the better since then.

 

[garandman]

Awesome. This post.

 

[flintoid]

Boston may have made some additions to their ban...

http://northeastshooters.com/vbulletin/showpost.php?p=335489&postcount=53

5.7, SW500, Barett .50 cal were additions. I've been through this thread so many times while I lurked this website for years.

and this info was in this exact thread

 

[william_munny]

Ok, so it's pretty clear you can't own anything cool if you live in Boston, but what about me when I carry there? Am I breaking Boston law by carrying a handgun that has 13+1 rounds in it?

ETA: I know LoginName's post of the law says something to this effect, but it's a little hard for me to wrap my head around the fact that the weapon I CC in all of MA is somehow illegal to CC in Boston.

 

[flintoid]

SECTION 2.
In the city of Boston, it shall be unlawful to sell, rent, lease, possess, purchase, barter, display, or transfer an assault weapon.

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.

In the city of Boston, it shall be unlawful to sell, rent, lease, possess, purchase, barter, display, or transfer any part or combination of parts, designed or intended to convert a rifle or shotgun into an assault weapon, or any combination of parts from which an assault weapon may be readily assembled if these parts are in the possession or under the control of the same person.

IANAL, but I guess the answer to your question is yes, you are violating this 'law.'

Naturally, I find it hard to wrap my head around it, too. Depends on what you define as possession and whether or not this only applies to residents of boston, or whether or not it applies to anyone within city limits.

 

[drgrant]

IIRC that ban only applies to Boston residents.

Years ago there was some BS home rule provision crap about handguns in boston only being able to be carried if they held like 8 rounds or less or some crap like that, but that is long gone.

-Mike

 

[Bennextdoor]

Hi Caps for handguns in Boston

I was just reading through the Boston AWB language posted by LoginName. Maybe I'm missing it or there is a seperate law somewhere else, but it doesn't seem to ban pre-ban hi-caps for handguns.

It bans "Large capacity magazine(s)", but it's own definition is "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."

So it seems from the language if it doesn't feed a semi-auto rifle or shotgun, it doesn't count as a "Large capacity magazine" under the Boston AWB.

 

[vellnueve]

vellnueve is right - if you check the wording of the ban, the m1 carbine is not listed as banned.

It's why I chose the fs2000 as a 'modern' 5.56 semi auto since I'm a boston resident in Brighton. There are a variety of semi auto rifles out there that can be owned and stored in city limits. You just have to do a little reading. I believe there are links to the law earlier in this thread.

Correct. As long as you're using a ten round mag.

Ok, so it's pretty clear you can't own anything cool if you live in Boston, but what about me when I carry there? Am I breaking Boston law by carrying a handgun that has 13+1 rounds in it?

ETA: I know LoginName's post of the law says something to this effect, but it's a little hard for me to wrap my head around the fact that the weapon I CC in all of MA is somehow illegal to CC in Boston.

No, you can carry it assuming everything is otherwise MA legal.

IANAL, but I guess the answer to your question is yes, you are violating this 'law.'

Naturally, I find it hard to wrap my head around it, too. Depends on what you define as possession and whether or not this only applies to residents of boston, or whether or not it applies to anyone within city limits.

Wrong.

I was just reading through the Boston AWB language posted by LoginName. Maybe I'm missing it or there is a seperate law somewhere else, but it doesn't seem to ban pre-ban hi-caps for handguns.

It bans "Large capacity magazine(s)", but it's own definition is "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."

So it seems from the language if it doesn't feed a semi-auto rifle or shotgun, it doesn't count as a "Large capacity magazine" under the Boston AWB.

Correct. Note that having a rifle and pistol that take the same mags could lead to a constructive possession problem.

 

[flintoid]

I stand correct. I apologize for not catching that.

 

[gunnerdog]

I just found this thread.... Interesting story for y'all:

i lived in brookline, signed a lease in brookline, got my LTC in Brookline, bought an LR-308 (mass legal) in brookline. I went to register to vote, and found out that my address was actually in Brigton (technically boston) SO i changed my licenses etc... to brighton.

I had heard rumors about a "Boston Ban" so i called the State and the Boston PD. Both of them told me that if it was legal in Mass, it is legal in Boston. I proceeded to buy another AR while living in Brighton, then moved to another part of Mass. Never had any trouble with the Law.

I guess i was illegal the whole time.

This place is messed up. Im moving south, i can't handle it here anymore.

 

[joeendris]

I have the latest edition of Law Enforcement Guide (4/2006) and have read the comments written by the books' authors on whether this act ever has been or is currently enforceable. However, like the original poster, I would like to be sure that I'm not doing Mumbles Menino a favor by asking HQ to pull my license for owning a .223 rifle within city limits. Section 7 clearly states:

"The police commissioner of the city of Boston is hereby authorized to revoke licenses granted under sections one hundred and twenty-two and one hundred thirty-one of Chapter 140 of the general laws for violation of this act."

Is it because no one was ever found to be in violation that no one has ever been charged? Or are there cases that some may recall where a person was found to have an AW in boston without the DA pressing charges?

I would really like to own a Bushmaster, but I am a little apprehensive about the risk for obvious reasons. Just wanted to know how others view the situation.

I can't remember who, but someone here at NES that lives in the city (of Boston) has an AW. I remember the person recently making a reference to it but can't remember who it was. To those of us that live in the city and own black rifles, WASRs etc are you at all concerned about losing your LTC if BPD is ever called to a shots fired at your home and find an AW was involved?

There's nothing like having a risk that you can't manage because the true nature of the risk is obscure.

How pathetic is this state where we can't even figure out what we're allowed to own, based upon "THEIR" list of what they think we should be allowed to have. Ooooooooooh, the Kool-aid tastes good in Martha-town

 

[wolfenkraft]

I just found this thread.... Interesting story for y'all:

i lived in brookline, signed a lease in brookline, got my LTC in Brookline, bought an LR-308 (mass legal) in brookline. I went to register to vote, and found out that my address was actually in Brigton (technically boston) SO i changed my licenses etc... to brighton.

I had heard rumors about a "Boston Ban" so i called the State and the Boston PD. Both of them told me that if it was legal in Mass, it is legal in Boston. I proceeded to buy another AR while living in Brighton, then moved to another part of Mass. Never had any trouble with the Law.

I guess i was illegal the whole time.

This place is messed up. Im moving south, i can't handle it here anymore.

Weird, from what I've been told by long time Boston LTC holders, there's a name ban on most assault rifles in Boston proper. For example, you cannot own ANY AR15, AK, SKS, etc. Because they're banned explicitly by name, so if you can think of an assault rifle that isn't explicitly named and is otherwise Mass legal, it's okay. No idea how true this is, so please don't take it as gospel or anything. I'm in Brookline waiting for my LTC...

 

[Len-2A Training]

Weird, from what I've been told by long time Boston LTC holders, there's a name ban on most assault rifles in Boston proper. For example, you cannot own ANY AR15, AK, SKS, etc. Because they're banned explicitly by name, so if you can think of an assault rifle that isn't explicitly named and is otherwise Mass legal, it's okay. No idea how true this is, so please don't take it as gospel or anything. I'm in Brookline waiting for my LTC...

One needs to read the exact words of the Boston ban. They've been posted here a few times and at least one should be a Sticky if anyone wants to bother looking for it.

 

[Gillham]

One needs to read the exact words of the Boston ban. They've been posted here a few times and at least one should be a Sticky if anyone wants to bother looking for it.

So I went to search for the actual text and other places it's been posted on the forum and came up with these links (I'm sure there are more than 2, but I didn't keep looking):

http://archives.lib.state.ma.us/actsResolves/1989/1989acts0596.pdf
http://www.goal.org/masslawpages/bostonawban.html

I also found a BATFE document http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5-massachusetts.pdf
Interestingly, Chapter XVIII. Fees and Charges, 18-1.1. "A" Fees and Charges., 16A. Firearms, License to Possess Assault Weapon. says:

The fee for a license to possess an assault weapon or weapons in the City of Boston granted by the Police Commissioner of the City of Boston, or his designee, pursuant to Section 6 of Chapter 596 of the Acts of 1989, shall be twenty-five ($25.00) dollars. Such license shall be for five (5) years. A person having more than one (1) assault weapon shall be required to apply for only one (1) license, which license shall be applicable to all of the assault weapons which that person lists with the Police Commissioner, or his designee, at the time of application.

Where do I get one of these mythical assault weapon licenses??? [sad2]

 

[Len-2A Training]

Gillham,

That was a one-time only deal (grace period to get registered) on getting the Boston AW license. If you got it in 1989 you could renew it, but no new ones would ever be issued. Rob Boudrie is most familiar with how this really worked when implemented.

 

[Deleted member 22390]

Just understand that if the BPD ever responds to "shots fired" at a LTC holder's home, your LTC is toast anyway. You are talking about Boston, if you ever had to use a gun in self defense, they would yank your LTC so fast (even if you were 1000% justified) that your head would spin. Mumbles and gang do NOT want anyone to defend themselves in Boston. Mumbles motto "Dial 911 and Die!"

Edited to add: In most cities/towns in MA if you ever had to use it, your LTC would be yanked. I'm extra harsh on Boston, but almost no chief wants civilians defending themselves in MA.

if you ever had to you use your firearm and ended up being justified after tons of court battles im sure and they still wouldn't give you back you LTC all you would have to do is contact GOAL or an organization like that and sue the city or town.

 

[Bigrugg95]

Bottom line..... Why is this so confusing??? It's a law but it's "never been enforced".... It's "unconstitutional".... You can get a Barrett .50 cal and live in Boston but if I go buy an AR lower this weekend there's a chance cops knock on my door..... I can buy it but store it outside of boston....

I don't need to read posts telling me to "move out of boston" or live in nh.... I own a house in boston and not leaving anytime soon!

When GOAL or comm2a hops on this specific ban and I'm made aware of it my donations will start...

 

[Gillham]

Bottom line..... Why is this so confusing??? It's a law but it's "never been enforced".... It's "unconstitutional".... You can get a Barrett .50 cal and live in Boston but if I go buy an AR lower this weekend there's a chance cops knock on my door..... I can buy it but store it outside of boston....

I don't need to read posts telling me to "move out of boston" or live in nh.... I own a house in boston and not leaving anytime soon!

When GOAL or comm2a hops on this specific ban and I'm made aware of it my donations will start...

You can own the lower, you just can't put an upper on it. IANAL

 

[Knuckle Dragger]

Bottom line..... Why is this so confusing??? It's a law but it's "never been enforced".... It's "unconstitutional".... You can get a Barrett .50 cal and live in Boston but if I go buy an AR lower this weekend there's a chance cops knock on my door..... I can buy it but store it outside of boston....

I don't need to read posts telling me to "move out of boston" or live in nh.... I own a house in boston and not leaving anytime soon!

When GOAL or comm2a hops on this specific ban and I'm made aware of it my donations will start...

PM sent

 

[Lank]

ill give $100 to whoever drops there nutsack in martha coakleys mouth!

Yes Marcia, you are despised by real Americans.

 

[SamH]

Just understand that if the BPD ever responds to "shots fired" at a LTC holder's home, your LTC is toast anyway. You are talking about Boston, if you ever had to use a gun in self defense, they would yank your LTC so fast (even if you were 1000% justified) that your head would spin. Mumbles and gang do NOT want anyone to defend themselves in Boston. Mumbles motto "Dial 911 and Die!"

Edited to add: In most cities/towns in MA if you ever had to use it, your LTC would be yanked. I'm extra harsh on Boston, but almost no chief wants civilians defending themselves in MA.

Wrong and

if you ever had to you use your firearm and ended up being justified after tons of court battles im sure and they still wouldn't give you back you LTC all you would have to do is contact GOAL or an organization like that and sue the city or town.

wrong

People need to stop perpetuating this BS.
Some of you folks on here sounds like you work for the Brady Campaign, seriously.

 

[ERINgoBRAGH]

Greetings all, I've been lurking for a while, trying to wrap my head around all of this Mass and Boston nonsense. I think I'm starting to grasp what I am and am not allowed to own in the city limits of Boston. I'm moving there this summer when I get out of the Marines (believe me, not my choice, but the fiance' has already established herself there)

Just have one question and a follow up, for anybody that has any experience what so ever. When they mention AR15 in the Boston Ban list, do they mean just AR15 from Colt. or any model AR15 -- i/e a sig556.. And when they say AR15, do they also mean AR10 models? Obviously assuming they are all Mass compliant.

I apologize if this sounds stupid. thanks for any help

 

[Len-2A Training]

The actual text of the Boston Ban is posted here, pretty sure it is in a Sticky. [ETA: See Post #22 here for text.]

NO rifle mags >10 rds, period. NO such thing as "pre-ban" wrt Boston.

IIRC, it bans all AR15s and look-alikes but I haven't read the full text in a year or more, so check.

My sympathies at having to move into Meninostan!

Thanks for your service.

 

[ERINgoBRAGH]

Thanks for the quick response, I read the text, still was confused on the AR15 thing. I knew about the 10 round mag thing. Gonna have to find a place to store all these 30 round 5.56 mags I've acquired over the years.

If it means all AR15s and look a likes, I'm guessing my question about the Sig556, is answered. But what about AR10's?

 

[Len-2A Training]

Thanks for the quick response, I read the text, still was confused on the AR15 thing. I knew about the 10 round mag thing. Gonna have to find a place to store all these 30 round 5.56 mags I've acquired over the years.

If it means all AR15s and look a likes, I'm guessing my question about the Sig556, is answered. But what about AR10's?

From the law posted in Post # 22

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:

Keeping in mind that IANAL, I read the above to say no matter what it is called (e.g. AR10, SR15, etc.) and regardless of caliber! If it looks like a duck, quacks like a duck, and walks like a duck . . .

On the other hand, I have never heard of anyone prosecuted under this law. I go into a bit more detail about it in my MA Gun Law Seminars.