Healey "closing the loophole" letter to gun dealers

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Yeah, stop trying to get helpful information from users on this forum. Best advice I've received all day. Thanks.
 
You folks have to stop banging your heads.The only way we are going to find out what is really going on is when the AG takes someone to court,or someone takes the AG to court.
 
  • "Any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;"
So since my Garand uses a clip that holds 8 rounds, and not a magazine, can I assume that my rifle (mfg. 1943) is NOT an assault rifle?
As I understand it (IANAL & YMMV), per MGL Chaper 140 Section 131M, yes it is not an AW:
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.
Regardless of whether a Garand is an AW (and I don't think it is even under Healey's rules), the 1943 manufacture date of yours makes it an original pre-ban.
 
As I understand it (IANAL & YMMV), per MGL Chaper 140 Section 131M, yes it is not an AW:Regardless of whether a Garand is an AW (and I don't think it is even under Healey's rules), the 1943 manufacture date of yours makes it an original pre-ban.

This is the helpful information that I was asking for, and I really appreciate your reply. (Without all of the bullshit in-between, would have been preferred)

Thanks very much.
 
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All this BS had got me thinking, "They want me to have fewer guns? Screw that, I'm buying MOAR!"

I wasn't sure what to buy, so I used my patent pending "Maura Healy Divination Kit" to guide my purchase. After much effort, I concluded that the Attorney General wanted me to buy a Ruger Mini-14. Which fires the same cartridge as the AR-15, and at similar (maximum theoretical) rates of fire. But, never mind that - thanks Maura for guiding my purchase! [wave]

I also have a sneaking suspicion that she also wants me to buy a Sig 938, but alas the Divination Kit only works once a day. I hope to fix that in v2.0.
 
It's all a BS clusterf***.

What about non ma-"registered" (read FA-10ed) ones, as they do exist from people moving, etc. Remember the whole ** there's no such thing as "Registration" just a transaction record. **

Yea, but that is from the 4th. It's been superceded 3 times since then. Besides they just forgot to add the IANAL to the end...

Sent from my SCH-I545 using Tapatalk
 
Another article with a plethora of Healey quotes to make your blood boil:
"Healey done with ‘tired arguments’ from pro-gun groups"
http://newbostonpost.com/2016/08/18/healey-done-with-tired-arguments-from-pro-gun-groups/
she claims to be receiving hundreds of letters of support. What about the thousands of letters against her??
She is pure evil... as dishonest and disingenuous as the day is long. Her "tired arguments" = Our Constitution.

22 years of law/enforcement history, universally understood by everyone, thrown out the window because the good and honest people of MA must pay for the radical Muslim terrorist down in Orlando going after her protected people. Queen Maura knows best, after all. [rolleyes]

Liberalism... a VERY SERIOUS mental disorder. [thinking]
 
All this BS had got me thinking, "They want me to have fewer guns? Screw that, I'm buying MOAR!"

I wasn't sure what to buy, so I used my patent pending "Maura Healy Divination Kit" to guide my purchase. After much effort, I concluded that the Attorney General wanted me to buy a Ruger Mini-14. Which fires the same cartridge as the AR-15, and at similar (maximum theoretical) rates of fire. But, never mind that - thanks Maura for guiding my purchase! [wave]

I also have a sneaking suspicion that she also wants me to buy a Sig 938, but alas the Divination Kit only works once a day. I hope to fix that in v2.0.
My theory is that Queen Maura bought stock in Ruger right before outrageous unilateral decree. Sales of Ruger products are benefiting greatly in this pathetic, leftist-controlled state from her bizarre and abusive insanity. [thinking]

And yes, I'll confess that I bought a Mini-14 post-decree just to make sure I'll remain well-armed and able to use my .223/5.56 ammo stash regardless of her next measures against us. In fact, all by her stupid twisted self, she has added 4 or 5 guns to my buying plan for 2016 (2 already in the safe, 2 or 3 more coming). She may be an even better gun salesperson than Barry. [shocked]
 
I have come to the decision that if I decide to have in Mass a 30rd PMAG or pull a pin from pinned stock or stick on a Flash Hider or Bayonet Lug.....so be it.

You cannot have a 'law' that changes at the whim of the queen, we have been through three 'interpretations' that made something illegal, legal and now questionable.

I give up - she can't keep track, how can we.

I stand with the 2nd as written - not interpreted or lied about.

In that line, and so it doesn't get lost in the memory hole, you don't have to be the one to start shooting; but when it starts you damn sure better provide supporting fire.
 
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I have come to the decision that if I decide to have in Mass a 30rd PMAG or pull a pin from pinned stock or stick on a Flash Hider or Bayonet Lug.....so be it.

You cannot have a 'law' that changes at the whim of the queen, we have been through three 'interpretations' that made something illegal, legal and now questionable.

I give up - she can't keep track, how can we.

I stand with the 2nd as written - not interpreted or lied about.
Bottom line is that Queen Maura has done more to weaken respect for our Massachusetts gun laws than anyone else before her. Making us all felons despite the fact that we obeyed the law to the letter for decades was not a very good idea.

As the left likes to say about our Constitution: It does not actually mean what it says... i.e., original intent. Rather, it is an evolving paradigm... a living, breathing document that changes meaning with the times... and mostly, it's an impediment to the way things really should be according to liberals. [thinking]

Well, apparently the same is true of our Massachusetts gun laws. They do not mean what they actually say. They are an evolving paradigm subject to the Queen's fears, whims and emotions. [puke] Bizarre but true.

She thinks she has won. She has no idea how much she has lost. [thinking]
 
Exactly, as of right now if I get picked up with my 2009 era AR - I could be charged with an AWB violation, so why not do the rest? If I get picked up I still go to jail and my life is over anyway.
 
Exactly, as of right now if I get picked up with my 2009 era AR - I could be charged with an AWB violation, so why not do the rest? If I get picked up I still go to jail and my life is over anyway.

If it's MA-compliant, you have a very good chance of winning in court. Your life would be affected, but at least you have a shot at winning. If it's not compliant, you really have no argument.
 
If it's MA-compliant, you have a very good chance of winning in court. Your life would be affected, but at least you have a shot at winning. If it's not compliant, you really have no argument.

In our marsupial state court? If it looked like it was going the defendant's way, the SJC will reach down and take the case to ensure the "correct" verdict is reached.
 
Who knows

The AG might, but my Maura Healy Divination Kit* said "reply hazy, try again" and it only works once a day.

*Maura Healy Divination Kit is a wholly new product created through much effort and research. Any similarity to "question-answer balls" is purely coincidental.
 
If it's MA-compliant, you have a very good chance of winning in court. Your life would be affected, but at least you have a shot at winning. If it's not compliant, you really have no argument.
A lot of us feel that if you find yourself sitting in a Massachusetts courtroom charged with either violation, Maura decree or actual law, you have lost already anyway. [thinking]
 
A lot of us feel that if you find yourself sitting in a Massachusetts courtroom charged with either violation, Maura decree or actual law, you have lost already anyway. [thinking]

This

No way they let a gun owner win, only Gang Members and Drug Dealers - almost forgot pedophiles.

Exactly.

Let's compare how this would work out for our two test cases...

Presenting your typical, otherwise law abiding, gun owning MA resident who gets pulled over and happens to have something that looks like an AR platform rifle in the car. Let's say that the adjustable stock is missing a pin so there is now an argument about collapsible or not and whether or not it is an assault weapon. Heck, let's say it was purchased on July 20th just to muddy up the waters a little more. It won't matter for this argument. Let's call him Al.

For our other example, we have our typical, scofflaw, gang affiliated MA resident who gets pulled over and happens to have something that looks like an AR platform rifle in the car. Let's say that the adjustable stock is missing a pin so there is now an argument about collapsible or not and whether or not it is an assault weapon. Let's say it wasn't even purchased, but stolen. It also won't matter for the argument. Let's call him Bob.

Al will have his property confiscated and get to spend the night in jail before getting bail set. Since Al has a job and resources, bail is set at $10,000. Al now has his LTC revoked and has to give up all his firearms to the police. This collection worth several thousand dollars is then transferred to a "Bonded Warehouse" where the fees and hoops to jump through to get the collection released to someone else are almost insurmountable. Al won't see his collection or a penny from it again.

Al spends the next two years fighting his charges of possessing an assault weapon racking up thousands in legal fees. He is rightly told by his lawyers that it is unlikely a jury will clear him because guns, and a bench trial doesn't look any better. He is convinced to take a CWOF which make him a federally prohibited person and ineligible to ever posses a firearm in any state ever.

He is out thousands in cash and property, has permanently lost civil rights, and had to deal with years of headache just to get to this point.

Bob on the other hand, has his stolen property confiscated and spends the night in jail before getting bail set. Since Bob is unemployed and has no money, bail is set at $500.

Bob spends the next two years letting his court appointed lawyer argue the case for him. He takes a CWOF and forgets it ever happened.

Bob has lost nothing of his own in cash or property, his income was never in jeopardy, he doesn't care about the law, so the law doesn't apply to him. If he wants a gun, he just calls up Chuck down the street and buys one. It doesn't matter if it is stolen or not.

In this scenario, the law abiding, responsible citizen loses a great deal while the scofflaw loses nothing. In the end, both are in the same legal state, but one will abide by the restrictions and the other doesn't care.



Bonus question: Do you unpin your stock, or not? Explain.
 
A lot of us feel that if you find yourself sitting in a Massachusetts courtroom charged with either violation, Maura decree or actual law, you have lost already anyway. [thinking]

Maybe. Guess you should just sell all your guns to be 100% safe.

Personally, I try to follow the letter of the law. If I get jammed over some "interpretation" I'm going to spend some serious cash on a top notch lawyer and I feel like, even in MA, I've got a good shot of winning. Certainly there are cases where gun owners have won in MA courts.

Ya, if you don't have the money for a trial you are pretty f'd with CWOF though
 
Exactly.

Let's compare how this would work out for our two test cases...

Presenting your typical, otherwise law abiding, gun owning MA resident who gets pulled over and happens to have something that looks like an AR platform rifle in the car. Let's say that the adjustable stock is missing a pin so there is now an argument about collapsible or not and whether or not it is an assault weapon. Heck, let's say it was purchased on July 20th just to muddy up the waters a little more. It won't matter for this argument. Let's call him Al.

For our other example, we have our typical, scofflaw, gang affiliated MA resident who gets pulled over and happens to have something that looks like an AR platform rifle in the car. Let's say that the adjustable stock is missing a pin so there is now an argument about collapsible or not and whether or not it is an assault weapon. Let's say it wasn't even purchased, but stolen. It also won't matter for the argument. Let's call him Bob.

...

Now Al has lost all of his money to lawyers and can't legally purchase a firearm.
So he changes his name to Bob, calls Chuck, and turns his life around.
 
Maybe. Guess you should just sell all your guns to be 100% safe.

Personally, I try to follow the letter of the law. If I get jammed over some "interpretation" I'm going to spend some serious cash on a top notch lawyer and I feel like, even in MA, I've got a good shot of winning. Certainly there are cases where gun owners have won in MA courts.

Ya, if you don't have the money for a trial you are pretty f'd with CWOF though

You have great faith and hope to chance your rights in the injustice system. I personally think our rights and constitution don't matter a bit. To prove it is the fact we even have to have this type of discussion. This should be the last thing we even have to worry about. Our rights are being trampled upon daily leaving good people to worry if they are felons or not!
 
We were attacked by Islamic terrorist and all Maura is worried about is a collapsible stock.

She hasn't even gone after the dealers that sold thousands of these types of firearms or the manufacturers.
They number way less than the owners of such arms.
We are the little fish and as such are nothing to her.

Nice try Maura with the unenforceable new laws you put in place!
 
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Exactly.

Let's compare how this would work out for our two test cases...

Presenting your typical, otherwise law abiding, gun owning MA resident who gets pulled over and happens to have something that looks like an AR platform rifle in the car. Let's say that the adjustable stock is missing a pin so there is now an argument about collapsible or not and whether or not it is an assault weapon. Heck, let's say it was purchased on July 20th just to muddy up the waters a little more. It won't matter for this argument. Let's call him Al.

For our other example, we have our typical, scofflaw, gang affiliated MA resident who gets pulled over and happens to have something that looks like an AR platform rifle in the car. Let's say that the adjustable stock is missing a pin so there is now an argument about collapsible or not and whether or not it is an assault weapon. Let's say it wasn't even purchased, but stolen. It also won't matter for the argument. Let's call him Bob.

Al will have his property confiscated and get to spend the night in jail before getting bail set. Since Al has a job and resources, bail is set at $10,000. Al now has his LTC revoked and has to give up all his firearms to the police. This collection worth several thousand dollars is then transferred to a "Bonded Warehouse" where the fees and hoops to jump through to get the collection released to someone else are almost insurmountable. Al won't see his collection or a penny from it again.

Al spends the next two years fighting his charges of possessing an assault weapon racking up thousands in legal fees. He is rightly told by his lawyers that it is unlikely a jury will clear him because guns, and a bench trial doesn't look any better. He is convinced to take a CWOF which make him a federally prohibited person and ineligible to ever posses a firearm in any state ever.

He is out thousands in cash and property, has permanently lost civil rights, and had to deal with years of headache just to get to this point.

Bob on the other hand, has his stolen property confiscated and spends the night in jail before getting bail set. Since Bob is unemployed and has no money, bail is set at $500.

Bob spends the next two years letting his court appointed lawyer argue the case for him. He takes a CWOF and forgets it ever happened.

Bob has lost nothing of his own in cash or property, his income was never in jeopardy, he doesn't care about the law, so the law doesn't apply to him. If he wants a gun, he just calls up Chuck down the street and buys one. It doesn't matter if it is stolen or not.

In this scenario, the law abiding, responsible citizen loses a great deal while the scofflaw loses nothing. In the end, both are in the same legal state, but one will abide by the restrictions and the other doesn't care.



Bonus question: Do you unpin your stock, or not? Explain.

Can I use this when I'm speaking with my state rep/senator?
 
Just a nit... do you mean that Al takes a plea bargain with no jail time, but becomes a convicted felon? A CWOF, once it expires, is not a conviction.

There has been some discussion of this in some other threads around here. I originally thought, as you do, that CWOF was effectively "don't make me see you here again and we will forget about the whole thing". It turns out that a CWOF usually comes with an admission to sufficient facts which then carries the same weight as a guilty plea.

I believe it is possible to get a CWOF without admitting sufficient facts, but it is less common.

If I am wrong about that, someone please correct me as I misunderstood something.

------------------------------------
Ok,I think I misunderstood...

This thread:

http://www.northeastshooters.com/vb...s-with-a-CWOF?highlight=cwof+sufficient+facts

...goes into it a bit more starting around post 11 or so.

You might be right in that CWOF might not make you a federally prohibited person, but it certainly will in MA.

It looks like Al's two year legal nightmare gets to extend to the rest of his life...
 
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