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Bump Stocks Banned in MA??? No possession allowed, period.
- Thread starter Cabinetman
- Start date
groundscrapers
NES Member
Mass. Gen. Laws ch. 140, § 131(o)
No person may carry or possess a machine gun in Massachusetts without a specially issued machine gun license. The licensing authority or the colonel of state police may issue a machine gun license to: (a) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel; or (b) a bona fide collector of firearms upon application or upon application for renewal of such license.1
No person may carry or possess a machine gun in Massachusetts without a specially issued machine gun license. The licensing authority or the colonel of state police may issue a machine gun license to: (a) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel; or (b) a bona fide collector of firearms upon application or upon application for renewal of such license.1
Ah here it is.
SECTION 21. Paragraph (o) of section 131 of said chapter 140, as so appearing, is
254 hereby amended by adding the following sentence:- Clauses (i) and (ii) of this paragraph shall
255 not apply to bump stocks and trigger cranks.
SECTION 21. Paragraph (o) of section 131 of said chapter 140, as so appearing, is
254 hereby amended by adding the following sentence:- Clauses (i) and (ii) of this paragraph shall
255 not apply to bump stocks and trigger cranks.
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If post #34 is accurate, the MG license is not required.
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It's not about how it was written, it's about what the queen feels like.
How so? Here is the amended text of Ch 140 Sec 131 after applying the SECTION 21 text from post #34:
So there's three steps to this paragraph now:
Step 1) Nobody gets a machine gun license, **** off.
Step 2) Well, I GUESS special instructors and bona fide collectors can get machine gun licenses, those jerks
Step 3) BUT NOT FOR BUMP STOCKS AND TRIGGER CRANKS. **** THOSE THINGS.
So, a licensing authority (or the colonel of the state police) may issue a machine gun license under the exceptions specified in clauses (i) and (ii), but those clauses do not apply to bump stocks and trigger cranks. The wording is definitely a bit cumbersome, but my reading is that the licensing authority/colonel may not issue a machine gun license for bump stocks and trigger cranks.
For clarity, the other relevant portion of the passed bill is the following:
The modified portion of Ch 140 Section 121 is as follows:
SECTION 19 and SECTION 20 of the bill add definitions for "bump stock" and "trigger crank" to Section 121.
SECTION 53 additionally makes it illegal to "purchase, sell or offer for sale a bump stock or trigger crank"
So, SECTION 18 makes all bump stocks and trigger cranks are machine guns, and SECTION 21 makes it so you can't get a MG license just for bump stocks and trigger cranks.
It does appear, however, that if you have a MG license for other reasons, like having actual machine guns, then it is legal for you to to possess a bump stock/trigger crank.
The modified portion of Ch 140 Section 121 is as follows:
SECTION 19 and SECTION 20 of the bill add definitions for "bump stock" and "trigger crank" to Section 121.
SECTION 53 additionally makes it illegal to "purchase, sell or offer for sale a bump stock or trigger crank"
So, SECTION 18 makes all bump stocks and trigger cranks are machine guns, and SECTION 21 makes it so you can't get a MG license just for bump stocks and trigger cranks.
It does appear, however, that if you have a MG license for other reasons, like having actual machine guns, then it is legal for you to to possess a bump stock/trigger crank.
I suppose a more "MA-esque" interpretation of the language in SECTION 21 of the bill would be that MG licenses simply do not cover bump stocks and trigger cranks at all, and possessing them would be illegal even if you have a MG license. This is, of course, also the stupidest interpretation of that language, because if they wanted bump stocks and trigger cranks to not be covered by the MG license then why the **** would they define them as being "machine guns" rather than just saying "bump stocks and trigger cranks are banned"?
Mike S
NES Member
Look at paragraph q of that same section.
The way I read it, the above mentioned section(s) states who can get a class 3 license, then everything below it covers what you can own.
I could be wrong though, I don't claim to be a MA law expert.
We'll just have to wait until the time is right for another AG interpretation.
I wouldn't put it past this state to ban loose fitting stocks that turn your rifle into an inaccurate toy, but allows actual MGs.
What about paragraph (q) changes my interpretation? Nothing in the bill explicitly makes it illegal to POSSESS a bump stock or trigger crank, only purchasing, selling, or offering for sale. Section (q) reinforces that having a green card doesn't circumvent that restriction.
Making them into machine guns effectively bans them for anyone who doesn't have a green card, and adding that piece to paragraph (o) makes it impossible to get a green card for the sole purpose of possessing bump stocks and trigger cranks.
Mike S
NES Member
Here's section q.
Like I said, I might be reading it wrong. If it's what I think it is, they prohibited bump stocks by state law, therefore the class 3 license doesn't make bumpstocks legal in any way.
gerrycaruso
NES Member
Do the terms post sample, pre sample and transferable not apply because this is state and not federal law? I've been looking at N.H. but I think it's too polluted by former Ma residents.
Mike S
NES Member
Exactly, that's the catch 22, you can't have a bump stock because it's a machine gun, therefore prohibited. Then, the clause in the law doesn't allow a person with a class 3 to have one due to the prohibition.
That's the way I'm reading it at least.
not new guy
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By this logic they could reclassify my dog as a wolf and say that I can only keep him if I go through whatever frigging paperwork you need to keep a wolf. This is actually a step stupider than that because we’re talking about an accessory. It’s like saying they can reclassify my dog’s collar as a wolf.
GlockJock
NES Member
We might have a deal.. Will you take a personal check?
[emoji6]
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GlockJock
NES Member
Here we go with this again?..
("Hmmm.. Well, honey, we might as well just vote for this Harvard girl, what's her name? Liz Warren?.. instead of that RINO Scott Brown...")
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GlockJock
NES Member
Don't give them any ideas...or the next thing you know you'll be paying them a $250 (or whatever) fee to license your Big Bad Wolf...
Just sayin'
CrackPot
NES Member
The classification of a non-firearm as a machine gun is not in fact a unique legal move by Massachusetts. MA law is actually unusual in that it does not consider a serialized receiver a gun (handgun, rifle or shotgun) like federal law does. Federal law similarly classifies items as machine guns that are not guns. I own a post sample MP5 machine gun. The receiver for this is a non-NFA "gun" (receiver) under federal law as it has never had a semi-auto trigger group installed in it though it does have a sub 16" barrel. That is my first serialized component and it cannot fire a round easily (no trigger group). I also have a NFA item classified as a "machine gun". This is the serialized full auto trigger group. Under MA law the two items apart are chunks of metal. Under fed law the trigger group is a machine gun and the balance (ok, just the receiver, but all the rest of the stuff is attached) is a gun (receiver in my bound book).
Under MA law I now have a new machine gun in my possession, though this one in personal possession versus my FFL. The bump stock in my safe attached to an NES group buy lower with the LPK installed is a machine gun in MA and a receiver under federal law.
Both MA and Federal law cause odd things to occur as part of the attempts to regulate firearms. MA is not doing something that unique in the labeling of some collection of parts as a machine gun.
And to be VERY clear since this is NES and some keyboard warrior will decide I am somehow supporting this crap, I DO NOT BELIEVE IN ANY FIREARM REGULATIONS.
Under MA law I now have a new machine gun in my possession, though this one in personal possession versus my FFL. The bump stock in my safe attached to an NES group buy lower with the LPK installed is a machine gun in MA and a receiver under federal law.
Both MA and Federal law cause odd things to occur as part of the attempts to regulate firearms. MA is not doing something that unique in the labeling of some collection of parts as a machine gun.
And to be VERY clear since this is NES and some keyboard warrior will decide I am somehow supporting this crap, I DO NOT BELIEVE IN ANY FIREARM REGULATIONS.
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Well, if anyone in MA isnt going to keep their stock, ill take them.PM me
We should still keep as many as possible in the state with those who can have them.
You can't sell them, but you can still give them to someone with a MG license.
We should still keep as many as possible in the state with those who can have them.
You can't sell them, but you can still give them to someone with a MG license.
CrackPot
NES Member
You cant sell them while standing inside the Commonwealth of MA, but you can meet outside of MA and sell it to anyone, MA resident, NH resident, Citizen of China, etc. Anywhere but MA it is a chunk of plastic. It might be a hassle, but you CAN sell it. All you have to do is step outside MA.
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