It does appear that the AG is as close to a dictator that this state has to offer.
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It never ceases to amaze me how quickly people on this site jump to make someone feel stupid for asking a question.
The Q's on the thread. God almighty.
Don't recall who's the member that started the "my head is going to explode the next time.."
I feel his pain now. JC.
As I understand it (IANAL & YMMV), per MGL Chaper 140 Section 131M, yes it is not an AW: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?
- "Any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;"
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.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.
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.
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 It's been superceded 3 times since then.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...
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She is pure evil... as dishonest and disingenuous as the day is long. Her "tired arguments" = Our Constitution.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??
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.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!
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.
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.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.
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.
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
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.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.
This
No way they let a gun owner win, only Gang Members and Drug Dealers - almost forgot pedophiles.
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.
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.
...
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.
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?
Sure, go right ahead.
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.