Bringing non compliant weapons into Mass.

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Here is my question, I am a Mass. resident, car registration, driver's license, vote, taxes they all are done in Mass. However, I am in the military and live in Maine. As such I was able to purchase weapons as a Maine resident and not have to deal with the crappy Mass laws YET. I bought a XD w/ 13&10rd mags, S&W M&P 15 w/ 30rd mag, and a Mossberg 500 pistol grip. The guy who sold them to me said none are legal in Mass or Mass compliant. When/If I "move" back to Mass. at the end of the year can I LEGALLY bring them with me? And if so could I use the XD as my CCW? Thanks for your opinions.
 
All three are different.

The Mossburg: legal in MA, and you could even buy one here. No problems.

The XD: legal in MA, though you couldn't buy one from a dealer here. The 13rd magazine, if it was manufactured after Sept '94, is not legal here. You'd have to leave it behind.

The M&P15: likely not legal here in MA, depending upon the configuration, and you would have to leave it behind. But would need more information about its configuration to make that determination.

This all assumes you have the proper MA permit and you legally aquired the guns in Maine. When you bring the guns into the state, you have to file an FA-10 form on each one.
 
On the M&P15 you'd probably have tp pin the stock, grind off the lug, pin the muzzlebreak and leave the 30 rounders behind. You'd need to find some pre-ban 30 rounders that are MA compliant or just use a 10 round mag, BTW, IANAL, best of luck.
 
There are a lot of different variables going on here.

First, you absolutely cannot bring the high capacity magazines back into Massachusetts, regardless of your residency. The XD 13 round mag is definitely illegal here, and I'm assuming the 30 rounder on the S&W isn't preban, which means that right out too.

Is the M&P 15 must be in post ban configuration (no flash suppressor, no bayo lug, o collapsible stock) to bring into Mass. Again, residency doesn't matter.

You can bring the Mossberg (and the M&P, if it's post ban config) into Massachusetts as a Mass citizen, because you can legally buy long arms across borders and bring them back without transferring them through an FFL.

The only question is the XD. Unfortunately, I'm not sure what the definition of "residency" is as applied to MA firearms laws, or how it deals with dual residency. I was in a similar situation between CA and MA, and I posted a question about it a while back. No one (Scrivner included) was able to give me a good answer.

However, it's clear that if you officially moved to Maine, then officially moved back to MA, you can bring your XD with you. I just can't define the word "moved."
 
TD, you're wrong on the XD. Residency doesn't play any role whatsoever. He bought it legally in that state as a servicemember stationed there, all he has to do is file the FA-10 when he brings it over the border.

The M&P15 will need to be neutered - the bayonet lug will have to be removed, the flash suppressor removed and either the threads cut off or a muzzlebrake permanently attached, and the collapsible stock will need to be pinned or replaced with a fixed one.

Your 13 round XD mag and 30 round M&P mag must be left behind.

In short, the Mossberg is 100% GTG (Good to Go), the XD and its ten rounder are GTG, the M&P needs modifications to be GTG, and the two large cap magazines have to be left outside MA.
 
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Thanks for all the info... sounds like the best course of action would be to not "move" back to Mass. =)
 
Thanks for all the info... sounds like the best course of action would be to not "move" back to Mass. =)

Careful there - regardless of whether you "move" back to Mass or not, those high cap mags and the M&P (assuming it's not post ban config) are illegal to bring across the border, regardless of whether you live here or not.
 
Correct. Doesn't matter if you're an MA resident or not, unless you modify the M&P such that it meets the guidelines I posted above, and ditch the two large capacity magazines, you'll be in violation of the law upon crossing the border.
 
TD, you're wrong on the XD. Residency doesn't play any role whatsoever. He bought it legally in that state as a servicemember stationed there, all he has to do is file the FA-10 when he brings it over the border.

I very well could be wrong. I'm just not sure of the requirements to buy a gun in Maine. Some states have so few requirements, you can come up with the proper requirements without being a resident of the state. I'm don't know if just being stationed there officially makes you a resident (it very well could - I just don't know).

If he wasn't a resident of the state, but be bought a gun there anyway, then brought it into Massachusetts (where he's been a resident all along), isn't that a big FEDERAL no-no (buying a handgun & transporting it across state lines)?
 
Careful there - regardless of whether you "move" back to Mass or not, those high cap mags and the M&P (assuming it's not post ban config) are illegal to bring across the border, regardless of whether you live here or not.

My bad, my use of the quotes is that Mass is still my legal residence so im not really moving back, just coming home after being gone for 5 1/2 years. Not that I am attempting to circumvent the lousy laws of that state.
 
The Federal no-no is buying it in another state, period. Which I do not believe applies in this case.

Being stationed in a state and presenting your military ID and copy of orders stationing you in that state seems to be sufficient for many FFLs. Becase you spend a significant amount of time in that state every year, it would seem that it meets the BATFE guidelines for dual residency.

Remember, the FFL would be on the hook for it as well, so they're not going to do it if it's illegal.
 
If he wasn't a resident of the state, but be bought a gun there anyway, then brought it into Massachusetts (where he's been a resident all along), isn't that a big FEDERAL no-no (buying a handgun & transporting it across state lines)?

Yes, it's a big federal send up the river, but it's not against any MA law. So as long as the feds consider him a resident of Maine, he should theoretically be all set.
 
BATFE FAQ said:
(B11) What constitutes residency in a State? [Back]

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

You're all set, as long as you modify your M&P to MA compliant configuration before the move and ditch your large cap magazines.
 
it would seem that it meets the BATFE guidelines for dual residency.

That is what I've been looking for! Do you happen to have a link you can send my way?

You're all set, as long as you modify your M&P to MA compliant configuration before the move and ditch your large cap magazines.

If you don't want to sell or modify the M&P, the other thought is simply to take the upper & stock off your M&P and bring them into the state as separate pieces. There's nothing illegal about having a collapsible stock or a preban upper, so long as they're not mounted on a post ban lower. And once you get into Mass, I'm sure you wouldn't have trouble finding someone who would buy them, or trade for compliant parts.
 
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Again, thanks to everyone for all the info. This site is truely worth the 19 bucks!

A quick side question though, is there any difference in pre ban and post ban 30 rd mags, or is this their way of controlling the amount of 30 rd mags that can legally be used?
 
There is no difference. It's an idiotic law, but caries very stiff penalties. Dump the mag, you'll be able to find pre-bans easily.
 
Again, thanks to everyone for all the info. This site is truely worth the 19 bucks!

A quick side question though, is there any difference in pre ban and post ban 30 rd mags, or is this their way of controlling the amount of 30 rd mags that can legally be used?

The date they were manufactured. If they were manufactured before the '94 AWB, they're "preban." The only reason those are legal is because they already existed when the law went into place and were grandfathered in (and even the Democrats aren't crazy enough to go around and confiscate magazines that people already owned). But if they thought they could do it and get away with it, I promise they would.

The only way to make a post ban mag compliant is to permanently limit it to 10 rounds (weld a permanent block in the mag).
 
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Couple of points to consider but first, thank you (and the other military in the forum) for serving.

Next, I am only repeating what I researched. IANAL and am,not pressing knowledge but I feel this info is critical when the stakes are so high (mandatory prison time).

1. For your own protection, please check a little deeper on this subject. I read a thread earlier where ANY 10 and above mag regardless of date of mfr is not legal in MA.

2.Mass Law defines Firearm:
“Firearm”, a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured...

Mass law defines "Large Capacity feeding device":
“Large capacity feeding device”, (i) a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells...

The Mass law defines "Large capacity weapon":
“Large capacity weapon”, any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device.....

My literal interpretation of definitions tell me that the XD (because it can "readily accept" a large capacity feeding device, the 13) is not legal in MA. It would be considered IMO by definition a Large capacity weapon.

Now look here:

http://www.mass.gov/legis/laws/mgl/269-10.htm


Draw your own conclusions or further research this. Your mileage may vary. I would love to be wrong. Please show me how....

P...

PS Yes, I am paranoid when it comes to going to prison.
 
My literal interpretation of definitions tell me that the XD (because it can "readily accept" a large capacity feeding device, the 13) is not legal in MA. It would be considered IMO by definition a Large capacity weapon.



Large capacity firearms are legal in MA. What made you think that they aren't?
 
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and so if it is a large capacity weapon, you then get an License to carry Class A- which covers you for large capacity handguns. As long as any mags that carry more than 10 rds are pre ban you are all set.
 
Is there a section of the Mass Law that I am not seeing. So far, from what I have found in the Mass Law, is that if you have an LTC A with no restrictions you can possess large capacity firearms or feeding devices. Please point me to where the pre-ban, post ban thing comes in. There must be a Chapter I am missing.

Thank you
 
My literal interpretation of definitions tell me that the XD (because it can "readily accept" a large capacity feeding device, the 13) is not legal in MA. It would be considered IMO by definition a Large capacity weapon.

[..]

I would love to be wrong. Please show me how....


You got it [smile]

First off, Large Capacity Weapons are not illegal in MA. I'm not sure where you got the idea that they were. If you are citing C. 269 § 10 as your source for that, you need to read it a bit more closely. It makes exception for LTC holders.

Second, you have fallen into the trap of trying to take MA laws at face value wrt your interpretation of "capable of accepting, or readily modifiable to accept". You need to read 501 CMR 7.02:

Capable of Accepting a Large Capacity Feeding Device means any firearm, rifle or shotgun in which a large capacity feeding device, as defined by M.G.L. c. 140, § 121, is capable of being used without alteration of the weapon; provided, however, that said feeding device is fully or partially inserted into the weapon or attached thereto, or is under the direct control of a person who also has direct control of a weapon capable of accepting said feeding device.
 
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Is there a section of the Mass Law that I am not seeing. So far, from what I have found in the Mass Law, is that if you have an LTC A with no restrictions you can possess large capacity firearms or feeding devices. Please point me to where the pre-ban, post ban thing comes in. There must be a Chapter I am missing.

Thank you

http://www.mass.gov/legis/laws/mgl/140-131m.htm

Chapter 140: Section 131M. Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment


Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.

The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.
 
All, Thank you for the replies and helpful info Esp Jdubois and KMaurer.


You got it [smile]

First off, Large Capacity Weapons are not illegal in MA. I'm not sure where you got the idea that they were. If you are citing C. 269 § 10 as your source for that, you need to read it a bit more closely. It makes exception for LTC holders.

Second, you have fallen into the trap of trying to take MA laws at face value wrt your interpretation of "capable of accepting, or readily modifiable to accept". You need to read 501 CMR 7.02:

Ok. I guess I was shown to be incorrect (not the first time). And I am glad for it.

Let me see if I get this now.

Paraphrasing:
269 10 http://www.mass.gov/legis/laws/mgl/269-10.htm Says: Ok to have in my possession a large capacity weapon as defined in: http://www.mass.gov/legis/laws/mgl/140-121.htm IE "Large capacity weapon”, any firearm..."that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device" as long as I am EITHER in my home or business OR have a LTC A lic under 140-131 http://www.mass.gov/legis/laws/mgl/140-131.htm OR have a temp non-resident lic under http://www.mass.gov/legis/laws/mgl/140-131f.htm.

As mentioned earlier, the reference to 501 CMR 7.02 http://www.mass.gov/Eeops/docs/chsb/firearms/501 CMR 7.pdf defines "Capable of Accepting a Large Capacity Feeding Device means any firearm, rifle or shotgun in which a large capacity feeding device, as defined by M.G.L. c. 140, § 121, is capable of being used without alteration of the weapon; provided, however, that said feeding device is fully or partially inserted into the weapon or attached thereto, or is under the direct control of a person who also has direct control of a weapon capable of accepting said feeding device.

So. If I understand 501 CMR 7.02 correctly, in laymens terms, 501 CMR 7.02 says: My 10+ capable gun, is NOT considered a large capacity weapon under 140 21 if it does NOT have the 10+ mag inserted either partially or fully into the mag well of the gun or if the 10+ mag is NOT under the direct control of a person controlling the weapon itself.

Please tell me I am either ON it or damn close to it...

Thanks for your patience.

P...
 
I am EITHER in my home or business OR have a LTC A lic under 140-131 http://www.mass.gov/legis/laws/mgl/140-131.htm OR have a temp non-resident lic under http://www.mass.gov/legis/laws/mgl/140-131f.htm.

[...]

Please tell me I am either ON it or damn close to it...

Yep, you're darn close now! The only thing is that the stupid language of C. 269 § 10 has thrown you for another loop. You cannot have any firearm even in your home or business without an FID/LTC.

(See C. 140 § 129C, and § 129(6) for the inevitable follow up trickery which would make you think you can possess a handgun or large capacity rifle/shotgun in your home/business with an FID)
 
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