Boston Assault Weapons Ban Questions

[TattooedPolitician]

I'm currently getting my documents together for my LTC application and I've been trying to find more information surrounding what guns are banned in the city of Boston. Right now I am not in Boston but in the future I might be and I want to ensure that whatever I buy will not be problematic in the future. Any guidance would be appreciated.

Would a Kel-Tec SU16CA be allowed in Boston despite the AWB? I've been looking over the law and this the following stands out as a part that could be problematic:

(2) "Assault weapon" shall not include: ...

(k) a rifle or shotgun which cannot employ a detachable magazine or ammunition belt with a capacity greater than ten rounds

The Kel-Tec SU16CA comes with a five round magazine but magazines that can contain more than 10 bullets do also work with the rifle. Due to this I don't think that the rifle would be allowed in Boston but I'm not sure. Pretty much any rifle can accept a magazine that exceeds 10 rounds, this would narrow down the guns one can own in the city quite a bit. Is there any rifle that shoots a 5.56 NATO round that would be allowed in Boston? Would a Kel-Tec RFB be AWB compliant?

On another note, would a Kel-Tech Sub2000 or another similar 9mm carbine be allowed in the city of Boston? If they're considered a semi automatic rifle their magazine capacity could potentially exceed 10 rounds meaning it would not be allowed. And this brings me back to the initial issue of nearly every gun can employ a detachable magazine with a capacity greater than 10 rounds. Does anyone have any guidance, experience, or expertise on this topic?

All of this would be in the context of an LTC Class A.
This source, Frequently Asked Questions about the Assault Weapons Ban Enforcement Notice , states that a Kel-Tech Sub 2000 and a Kel-Tech RFB would not be considered assault weapons but this leads to the contradictory part of the law under (k) which I cited above.

 

[Buck F]

 

[Pafanasiev]

Look on the bright side - first post and already green.

I think in general, you will not find a clear interpretation anywhere, but AFAIK, all laws apply the same everywhere in the state.

Now, getting an LTC in Boston, that a totally different story....

 

[TattooedPolitician]

Look on the bright side - first post and already green.

I think in general, you will not find a clear interpretation anywhere, but AFAIK, all laws apply the same everywhere in the state.

Now, getting an LTC in Boston, that a totally different story....

Yes but if I understand correctly they have stricter laws for those who live in the city of Boston. Currently I'm not in Boston but I'm trying to figure out which guns aren't allowed in the city at all. Nearly all rifles can employ a magazine that exceeds ten rounds therefore no rifle would be allowed in the city of Boston? Its unclear and seems like an easy way to run into legal trouble.

 

[Quite_Exasperated]

Just steal one like the criminals do and don’t worry about it...laws are for suckers...as evidenced by the riots in other cities.

 

[appraiser]

Good luck with your Boston LTC, you are going to need it.

My best advice: MOVE

 

[TattooedPolitician]

Good luck with your Boston LTC, you are going to need it.

My best advice: MOVE

I'm not currently in Boston, I'm trying to understand the law because I may move there in the future and because I want to better understand the law.

 

[appraiser]

more advice:

Boston is a place you move FROM not TO

Kel-Tec is garbage, avoid it like you would Boston

You may end up with a LTC A unrestricted where you live now, but rest assured a unrestricted LTC A on renewal from Boston PD is a ten thousand to 1 shot

 

[Picton]

Concealed means concealed, especially in Brookline or Boston.

I think, OP, that you're asking about a future move to Boston? Or about merely having an Evil Killy Gun when you're just in the city at all?

If it's the first one, just don't move there. If it's the second... I mean, if you feel a need to be quite that decked out in any city, you might be overthinking. Or you should just avoid the city anyway.

 

[one-eyed Jack]

I'm not currently in Boston, I'm trying to understand the law because I may move there in the future and because I want to better understand the law.

You will better understand the laws by reading them. Here you will get 436 opinions. Jack.

 

[MisterHappy]

You will better understand the laws by reading them. Here you will get 436 opinions. Jack.

Well, to be fair, the opinions are free advice, which is worth what it costs.

OP: Good on you for being proactive, and welcome to the forum. I have no direct knowledge of the Boston AWB, not living there, but I have heard of Boston residents that own verboten toys, keeping them stored outside of the city limits.

What you get here is opinion. If you want legal advice, retain a lawyer that specializes in Firearms Law.

Good luck.

 

[TattooedPolitician]

Well, to be fair, the opinions are free advice, which is worth what it costs.

OP: Good on you for being proactive, and welcome to the forum. I have no direct knowledge of the Boston AWB, not living there, but I have heard of Boston residents that own verboten toys, keeping them stored outside of the city limits.

What you get here is opinion. If you want legal advice, retain a lawyer that specializes in Firearms Law.

Good luck.

Thanks. I thought that I would be able to gain an understanding myself but it seems I will have to consult a lawyer about this topic. Its just that the law is so vague and there really isn't official list or roster, its almost like the state wants people to mess up.

 

[TattooedPolitician]

You will better understand the laws by reading them. Here you will get 436 opinions. Jack.

Yes but the laws aren't clear and a lot of sources online say to check this website, reddit, your local gun shop owner, or ask a lawyer. Seems Ill need to go the lawyer route, hopefully a consultation won't be to expensive.

 

[MisterHappy]

 

[Palladin]

Move to NH

 

[appraiser]

Yes but the laws aren't clear and a lot of sources online say to check this website, reddit, your local gun shop owner, or ask a lawyer. Seems Ill need to go the lawyer route, hopefully a consultation won't be to expensive.

You might try G.O.A.L. first, but there are many good firearms lawyer on this board, I suggest you PM @nstassel and book a consult.

 

[microwave900]

its almost like the state wants people to mess up.

Now you are beginning to understand.

This is vague because of the lack of case law on this subject. You might be thinking, well that's a bad thing for me, but in fact it is a good thing.

 

[TattooedPolitician]

Now you are beginning to understand.

This is vague because of the lack of case law on this subject. You might be thinking, well that's a bad thing for me, but in fact it is a good thing.

As a law student it kind of scares me when there is no case law on the issue, I don't want to end up as that guy from that case who messed up.

 

[HorizontalHunter]

There is some good information here. It is always wise to read an interpret the law for yourself rather than relying on someone else’s interpretation of the law. At the end of the day it’s your a$$ Thats on the line.

Boston Assault Weapon Ban Info | GOAL | Massachusetts - GOAL.ORG

GOAL’s Resource Page For Information About Chapter 596 – The City of Boston Assault Weapon Ban. AN ACT RELATIVE TO ASSAULT WEAPONS IN […]

goal.org

Welcome to the forum.

Bob

Oh yeah, and the obligatory:


View: https://youtu.be/xBdpINm9UBU

 

[Rob Boudrie]

Yes but the laws aren't clear and a lot of sources online say to check this website, reddit, your local gun shop owner, or ask a lawyer. Seems Ill need to go the lawyer route, hopefully a consultation won't be to expensive.

Don't expect an attorney to tell you "this is how it is", but rather "my interpretation is, but that is not an assurance the police or courts will agree with my position".

 

[appraiser]

As a law student it kind of scares me when there is no case law on the issue, I don't want to end up as that guy from that case who messed up.

Oh just wait until you see some of the bovine excrement issued from the AG's office that she thinks holds the weight of MGL or CMR.

Lots of gun cases are resolved at the District Court level and that does not set precedent does it?

The other problem is ( and we were discussing it on a black powder rifle thread last week) is MGL's often conflict with each other and/or are vague.

Example under one interpretation of the law, black powder is not considered illegal to possess, but under another law you can't buy it without an FID or LTC.

And the weakest link in the chain ( and this is not cop bashing, apologies in advance to the LEO's on the forum) is the cop that shows up when either something goes south or acting on a complaint, or reasonable suspicion/probable cause. Most cops know very little about firearms laws, and their S.O.P. is to cuff and stuff, and let the District Attorney figure it out.

More free advice, NEVER talk to the Police without a Lawyer present.

IF you get in a bind, shut up and lawyer up.

"Officer I respectfully refuse to answer any questions until I consult with my Attorney, please do not ask me any other questions until my Attorney is present"

then STFU and get a competent firearms attorney on the phone.

 

[Len-2A Training]

I think in general, you will not find a clear interpretation anywhere, but AFAIK, all laws apply the same everywhere in the state.

Now, getting an LTC in Boston, that a totally different story....

Not true at all. Boston has their own AWB and mag law ever since 1989.

Getting a LTC in Boston is actually easier than in some other cities/towns. They have a list of what you need to do and follow it scupulously.

Thanks. I thought that I would be able to gain an understanding myself but it seems I will have to consult a lawyer about this topic. Its just that the law is so vague and there really isn't official list or roster, its almost like the state wants people to mess up.

Untrue. It is clearly written. You might try reading the sticky thread on it. I believe that there is a link to the exact verbiage.

Boston "Assault Weapons Ban" ... n00b content

I have been reading the board for a little bit and I have been searching for this info but could not find anything solid. And when I called BPD Licensing I asked if there was a list or if they could point me in the direction of a “list” of gun’s illegal in Boston. I followed up with the...

www.northeastshooters.com

I teach this in my Mass Gun Law Seminar so that people have an understanding of what it is and the potential impact (or lack thereof).

 

[Pafanasiev]

Not true at all. Boston has their own AWB and mag law ever since 1989.

Getting a LTC in Boston is actually easier than in some other cities/towns. They have a list of what you need to do and follow it scupulously.


Untrue. It is clearly written. You might try reading the sticky thread on it. I believe that there is a link to the exact verbiage.

Boston "Assault Weapons Ban" ... n00b content

I have been reading the board for a little bit and I have been searching for this info but could not find anything solid. And when I called BPD Licensing I asked if there was a list or if they could point me in the direction of a “list” of gun’s illegal in Boston. I followed up with the...

www.northeastshooters.com

I teach this in my Mass Gun Law Seminar so that people have an understanding of what it is and the potential impact (or lack thereof).

I stand corrected, thank you for clarifying

 

[ReluctantDecoy]

MFS had these in stock pre-corona, so I think they are kosher in MA. Not sure if Boston's rules change that, but they should be state compliant. It doesn't have a pistol grip in base configuration and the action is a lot different than an AR. Also, it can't fire when folded, so while IANAL, I believe that's not considered a collapsible stock.

 

[babygorilla]

Why would you care? As long as the popo ain't kicking down your door and you hush up about owning an evil black killy machine no one would be the wiser.

Also, why the f*** would anyone choose to move to Boston!?!?!