Healey "closing the loophole" letter to gun dealers

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​Q: What if I already own a gun that is a copy or duplicate?
  • If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault weapon. But, as a matter of her discretion as a prosecutor, the Attorney General will not enforce the assault weapons ban against those who possess or transfer a copy or duplicate of a listed Assault weapon, if the weapon was obtained prior to July 20, 2016, when she issued the guidance.
  • The AGO also will not enforce the law against a gun dealer that possesses or transfers a “copy or duplicate” weapon that was obtained prior to July 20, 2016, provided that transfers, if any, are made to persons or businesses in states where ownership of the weapon is legal.
 
Like I said in #602 we need to take this to the streets if this means to the state house then we need to. Sitting on a website bitching and moaning about this isn't going to help us. If we show up in the thousands then we can't be ingorned. Someone will take notice and if we have to show up every day for weeks then we need to do this.
 
Rob Boudrie said:
It looks like dealers can take time selling guns in their inventory, and that NFA weapons already in state can be transferred:
Click to expand...

Application of this Enforcement Notice (dealers licensed under G.L. c. 140, § 122): The Guidance will not be applied to future possession, ownership or transfer of Assault weapons by dealers, provided that the dealer has written evidence that the weapons were transferred to the dealer in the Commonwealth prior to July 20, 2016, and provided further that a transfer made after July 20, 2016, if any, is made to persons or businesses in states where such weapons are legal
Click to expand...

and yet this is exactly opposite to what that shitbrain said answering questions. This is nothing news, "clones" are AWs and have been illegal since 1998. They are just sending a "reminder"
 
It is our understanding that today is the last day that we can sell S&W Sport II and Ruger AR-556 rifles in MA.



We have both in stock.
Click to expand...

A minor point in this crazyness, but how is it FS can interpret those notices to mean today (7/20) is the last day they can sell. Everything I've read so far seems to be telling them yesterday was the last day, and that they can not sell from today (7/20) and on.

Again, a minor point in the grand scheme of this cluster F, but I'm curious.
 
"Application of this Enforcement Notice (individual gun owners):

The Guidance will not be applied to possession, ownership or transfer of an Assault weapon obtained prior to July 20, 2016."

Sounds like anything you currently have can still be transferred to other people. Guess we have a new "pre-ban" date.
 
Massachusetts law prohibits sale and possession of Assault weapons. G.L. c. 140, §§ 128 and 131M. Sale by a business of any weapon that the buyer is not permitted to possess also violates the state consumer protection act, G.L. c. 93A.
On July 20, 2016, the Attorney General issued an Enforcement Notice on Prohibited Assault Weapons that provides gun manufacturers, licensed dealers, and the public with guidance on the Assault weapons ban. In particular, the notice explains how the Attorney General identifies weapons that are prohibited as “copies” or “duplicates” of the enumerated banned Assault weapons that are listed in Massachusetts law.
The full text of the Enforcement Notice, issued on July 20, 2016, is available here: [link]. These FAQs are intended to summarize the Enforcement Notice, but in case of any inconsistency, the Enforcement Notice controls.
Q: What type of weapons are prohibited as “copies or duplicates” of the assault weapons listed in G.L. c. 140, § 121?

  • Under Massachusetts law, assault weapons are defined in several ways. Among other things, the law sets out a list of weapons, by make and model, that are prohibited. The law further states that “copies or duplicates” of the listed weapons are also banned. Separately, there is a list of features that make certain guns Assault weapons.
  • The Attorney General’s Enforcement Notice describes two tests the AGO uses to identify guns that are “copies or duplicates” because those guns are sufficiently similar to be considered “copycats” of the listed guns.
  • As explained in the Notice, “copies” or “duplicates” of banned Assault weapons include semiautomatic weapons that can accept a detachable ammunition magazine and that meet one of the following tests:
    • The weapon’s internal functional components are substantially similar to the construction or configuration of a weapon that is expressly banned under the law (such as a Colt AR-15 or a Kalashnikov AK-47);
OR

    • The weapon has a receiver that includes or accepts key operating components that are interchangeable with those of a banned weapon. The relevant operating components may include, but are not limited to:
      1. the trigger assembly;
      2. the bolt carrier or bolt carrier group;
      3. the charging handle;
      4. the extractor or extractor assembly; or
      5. the magazine port.
Q: My gun dealer is telling me that a gun is labeled by the manufacturer as “Massachusetts compliant.” Does that mean that the weapon is not banned?

  • Whether a weapon is banned depends on whether it meets the definition of Assault weapon in state law. A weapon is a prohibited copy or duplicate if it meets one of the tests contained in the Enforcement Notice. The fact that it has been labeled “state compliant” or “Massachusetts compliant” by the manufacturer does not make the gun legal to purchase and own in Massachusetts.
Q: If the gun does not have certain features like a flash suppressor or a collapsible stock, can it still be an Assault weapon?

  • Yes. If a weapon is a copy or duplicate of one of the enumerated models under one of the tests in the Enforcement Notice, it is a prohibited weapon, even if it does not have certain features such as a flash suppressor and a collapsible stock. In other words, a gun that meets one of the tests is an Assault weapon -- even if its flash suppressor is removed and/or its stock is pinned in a fixed position.
  • The Features Test, as referenced in state law and set out in the Enforcement Notice, is a separate and independent basis for concluding that a weapon is a banned Assault weapon.
Q: How am I supposed to know whether a gun is a “copy or duplicate” that is prohibited under state law?

  • Gun dealers and gun manufacturers must use their knowledge and experience to assess which guns are substantially similar to a banned weapon and likely to meet one of the tests. The Attorney General expects voluntary compliance from gun dealers and manufacturers with respect to prohibited weapons.
  • You may also examine the owner’s manual and marketing material for a gun. If a gun is labeled or marketed as “the same as” or “similar to” an “AR-15” or “AK-47,” this would strongly suggest that the weapon is prohibited.
  • There are many rifles on the market that are not semiautomatic or which don’t take a detachable magazine. These are not Assault weapons under Massachusetts law.
  • Under Massachusetts law, any weapons listed in Appendix A to 18 U.S.C. § 922, as appearing on September 13, 1994, are not considered Assault weapons and are not covered by the Enforcement Notice.
  • If you have any doubt about whether a particular gun is an Assault weapon, your safest course of action is not to buy it.
Q: What if I already own a gun that is a copy or duplicate?

  • If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault weapon. But, as a matter of her discretion as a prosecutor, the Attorney General will not enforce the assault weapons ban against those who possess or transfer a copy or duplicate of a listed Assault weapon, if the weapon was obtained prior to July 20, 2016, when she issued the guidance.
  • The AGO also will not enforce the law against a gun dealer that possesses or transfers a “copy or duplicate” weapon that was obtained prior to July 20, 2016, provided that transfers, if any, are made to persons or businesses in states where ownership of the weapon is legal.
Q: I am a law enforcement officer. Does the guidance affect me?

  • No. The guidance does not change the law with respect to ownership of Assault weapons by law enforcement officers.
Q: What can I do to get rid of my gun?

  • There are frequent state, regional or local buyback programs. Check with your local police department.
  • You may also surrender any gun, at any time, for any reason to your local police department or to the State Police. See 5.15 CMR § 3.06.
Q: What is the penalty for owning or transferring an Assault weapon?

  • Under state law, owning or transferring an Assault weapon can lead to substantial fines or to prison time. See G.L. c. 140, §§ 128 and 131M for details. Gun dealers may also have liability under the state consumer protection act, G.L. 93A, and could potentially face revocation of any license issued under G.L. c. 140, § 122.
Q: Why did the Attorney General take this action?

  • The Enforcement Notice explains how the AGO will enforce a law – the Assault weapons ban – that was enacted in 1998 to protect public safety. By issuing the notice, the Attorney General hopes and expects that non-compliant gun dealers will come into voluntary compliance with the law, to minimize the need for criminal or civil enforcement.
  • The Attorney General intends to give full effect to the Legislature’s mandate that Assault weapons, including copies or duplicates of the listed weapons, stay out of civilian hands.
Q: Is there a list of weapons that are banned under state law?

  • No. The AGO will work with gun dealers, as necessary, to help them identify the guns that meet one or both of the tests of a copy or duplicate.
  • The AGO is expecting full, voluntary compliance the assault weapons ban, as it is explained in the Enforcement Notice, but will enforce the Commonwealth’s laws in a civil or criminal action if gun dealers or individuals do not comply.
 
Da_lucche said:
So what does this mean for people who have lowers that are not considered a firearm yet? Is tonight the last night to turn in a FA10 form?
Click to expand...

What about those of us who aren't around those items to do so before the cutoff? Are they going to Waco my apartment before I get home over a ****ing paperweights?
 
bigblue said:
​Q: What if I already own a gun that is a copy or duplicate?
  • If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault weapon. But, as a matter of her discretion as a prosecutor, the Attorney General will not enforce the assault weapons ban against those who possess or transfer a copy or duplicate of a listed Assault weapon, if the weapon was obtained prior to July 20, 2016, when she issued the guidance.
  • The AGO also will not enforce the law against a gun dealer that possesses or transfers a “copy or duplicate” weapon that was obtained prior to July 20, 2016, provided that transfers, if any, are made to persons or businesses in states where ownership of the weapon is legal.
Click to expand...


"Prior to July 20, 2016" was yesterday.....
 
bigblue said:
​Q: What if I already own a gun that is a copy or duplicate?
  • If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault weapon. But, as a matter of her discretion as a prosecutor, the Attorney General will not enforce the assault weapons ban against those who possess or transfer a copy or duplicate of a listed Assault weapon, if the weapon was obtained prior to July 20, 2016, when she issued the guidance.
  • The AGO also will not enforce the law against a gun dealer that possesses or transfers a “copy or duplicate” weapon that was obtained prior to July 20, 2016, provided that transfers, if any, are made to persons or businesses in states where ownership of the weapon is legal.
Click to expand...

This literally states you can deneuter any AR you currently have to free state status. "will not enforce the assault weapons ban". She's creating another "preban" point that is almost unenforcable

This whole thing is ****ed and nonsensical
 
Da_lucche said:
So what does this mean for people who have lowers that are not considered a firearm yet? Is tonight the last night to turn in a FA10 form?
Click to expand...

Curious about this too... I have a lower that I am just about to complete... I am thinking I should register it today just to be on the safe side...

In the mean time calling the Governors office now...
 
StevieP said:
That would be a loophole which the AG will quickly close, I imagine.

80%ers are going to be the answer. She's just changing the market to create new jobs in the machine shop business.
Click to expand...

80% are not the answer

1. if you own AR15 now ... felon (not to be prosecuted "at this time")

2. If you assemble one today ... you are definitely a felon.

This is not about just sales, it's also about POSSESSION!!!
 
napoleon1815 said:
Don't read the comments on the Globe article. Most are praising this "common sense" directive. One person thinks this is great as no one needs more than 10 rounds. Sigh.
Click to expand...

You should read the comments. NESers need to realize that most MA voters support an assault weapons ban and this support Healey's actions.
 
Edrageous said:
"This guidance shall not be applied to possession, ownership, or transfer of an assault weapon obtained before July 20, 2016"
This says to me that we are grandfathered and can still trade ARs on the secondary market...

it also references dealers..."transfers made AFTER 20 Jul 2016, be made outside the state" buy you AR today folks!
Click to expand...
Well... I thought prices on preban were bad now... Used AR prices (like every other gun in ma) are going to sky rocket... Can't wait to see these ridiculous ads on the marketplace "1500 for a m&p sport II!

Sent from my SM-G925T using Tapatalk
 
Holy shit. This seems to outlaw semiauto pistols.

A weapon is a Copy or Duplicate and is therefore a prohibited Assault weapon if it meets one orboth of the following tests and is 1) a semiautomatic rifle or handgun that was manufactured orsubsequently configured with an ability to accept a detachable magazine, or 2) a semiautomaticshotgun.31. Similarity Test: A weapon is a Copy or Duplicate if its internal functional components aresubstantially similar in construction and configuration to those of an EnumeratedWeapon. Under this test, a weapon is a Copy or Duplicate, for example, if the operatingsystem and firing mechanism of the weapon are based on or otherwise substantiallysimilar to one of the Enumerated Weapons.3 A weapon is not a Copy or Duplicate under this Guidance if it meets one or more of the exceptions ((i)-(vii))contained in the statutory definition of Assault weapon in Section 121.42. Interchangeability Test: A weapon is a Copy or Duplicate if it has a receiver that is thesame as or interchangeable with the receiver of an Enumerated Weapon. A receiver willbe treated as the same as or interchangeable with the receiver on an Enumerated Weaponif it includes or accepts two or more operating components that are the same as orinterchangeable with those of an Enumerated Weapon. Such operating components mayinclude, but are not limited to: 1) the trigger assembly; 2) the bolt carrier or bolt carriergroup; 3) the charging handle; 4) the extractor or extractor assembly; or 5) the magazineport.If a weapon meets one of the above tests, it is a Copy or Duplicate (and therefore a prohibitedAssault weapon), even if it is marketed as “state compliant” or “Massachusetts compliant.”The fact that a weapon is or has been marketed by the manufacturer on the basis that it is thesame as or substantially similar to one or more Enumerated Weapons will be relevant toidentifying whether the weapon is a Copy or Duplicate (and therefore a prohibited Assaultweapon) under the applicable test(s).
Click to expand...

Win said:
Doesn't this contradict the "acceptable handgun" lists? I'm so confused!
Click to expand...

It says that the gun is illegal if it meets one or both of the test and is, semi-auto, etc., etc. I take this to mean that to be illegal they have to meet either the similarity test or the interchangeability test. Handguns and rifles that are not copies of the evil rifles should be fine as long as they meet the rest of the laws.

Of course, Maura Hitler has apparently decided that having the same basic inner workings passes the similarity test. Since semi-auto guns work on the same set of basic operating principles, it remains to be seen how far her bullshit will go.
 
Q: I am a law enforcement officer. Does the guidance affect me?

•No. The guidance does not change the law with respect to ownership of Assault weapons by law enforcement officers.
Click to expand...

Of course.
 
Lowbird said:
What about those of us who aren't around those items to do so before the cutoff? Are they going to Waco my apartment before I get home over a ****ing paperweights?
Click to expand...


Edit. **** it. I really don't care.

Do I call and buy while I can? Only to have it stolen illegally when the twat decides my transaction/ serial number isn't legal?
 
bigblue said:
Massachusetts law prohibits sale and possession of Assault weapons. G.L. c. 140, §§ 128 and 131M. Sale by a business of any weapon that the buyer is not permitted to possess also violates the state consumer protection act, G.L. c. 93A.
On July 20, 2016, the Attorney General issued an Enforcement Notice on Prohibited Assault Weapons that provides gun manufacturers, licensed dealers, and the public with guidance on the Assault weapons ban. In particular, the notice explains how the Attorney General identifies weapons that are prohibited as “copies” or “duplicates” of the enumerated banned Assault weapons that are listed in Massachusetts law.
The full text of the Enforcement Notice, issued on July 20, 2016, is available here: [link]. These FAQs are intended to summarize the Enforcement Notice, but in case of any inconsistency, the Enforcement Notice controls.
Q: What type of weapons are prohibited as “copies or duplicates” of the assault weapons listed in G.L. c. 140, § 121?

  • Under Massachusetts law, assault weapons are defined in several ways. Among other things, the law sets out a list of weapons, by make and model, that are prohibited. The law further states that “copies or duplicates” of the listed weapons are also banned. Separately, there is a list of features that make certain guns Assault weapons.
  • The Attorney General’s Enforcement Notice describes two tests the AGO uses to identify guns that are “copies or duplicates” because those guns are sufficiently similar to be considered “copycats” of the listed guns.
  • As explained in the Notice, “copies” or “duplicates” of banned Assault weapons include semiautomatic weapons that can accept a detachable ammunition magazine and that meet one of the following tests:
    • The weapon’s internal functional components are substantially similar to the construction or configuration of a weapon that is expressly banned under the law (such as a Colt AR-15 or a Kalashnikov AK-47);
OR

    • The weapon has a receiver that includes or accepts key operating components that are interchangeable with those of a banned weapon. The relevant operating components may include, but are not limited to:
      1. the trigger assembly;
      2. the bolt carrier or bolt carrier group;
      3. the charging handle;
      4. the extractor or extractor assembly; or
      5. the magazine port.
Q: My gun dealer is telling me that a gun is labeled by the manufacturer as “Massachusetts compliant.” Does that mean that the weapon is not banned?

  • Whether a weapon is banned depends on whether it meets the definition of Assault weapon in state law. A weapon is a prohibited copy or duplicate if it meets one of the tests contained in the Enforcement Notice. The fact that it has been labeled “state compliant” or “Massachusetts compliant” by the manufacturer does not make the gun legal to purchase and own in Massachusetts.
Q: If the gun does not have certain features like a flash suppressor or a collapsible stock, can it still be an Assault weapon?

  • Yes. If a weapon is a copy or duplicate of one of the enumerated models under one of the tests in the Enforcement Notice, it is a prohibited weapon, even if it does not have certain features such as a flash suppressor and a collapsible stock. In other words, a gun that meets one of the tests is an Assault weapon -- even if its flash suppressor is removed and/or its stock is pinned in a fixed position.
  • The Features Test, as referenced in state law and set out in the Enforcement Notice, is a separate and independent basis for concluding that a weapon is a banned Assault weapon.
Q: How am I supposed to know whether a gun is a “copy or duplicate” that is prohibited under state law?

  • Gun dealers and gun manufacturers must use their knowledge and experience to assess which guns are substantially similar to a banned weapon and likely to meet one of the tests. The Attorney General expects voluntary compliance from gun dealers and manufacturers with respect to prohibited weapons.
  • You may also examine the owner’s manual and marketing material for a gun. If a gun is labeled or marketed as “the same as” or “similar to” an “AR-15” or “AK-47,” this would strongly suggest that the weapon is prohibited.
  • There are many rifles on the market that are not semiautomatic or which don’t take a detachable magazine. These are not Assault weapons under Massachusetts law.
  • Under Massachusetts law, any weapons listed in Appendix A to 18 U.S.C. § 922, as appearing on September 13, 1994, are not considered Assault weapons and are not covered by the Enforcement Notice.
  • If you have any doubt about whether a particular gun is an Assault weapon, your safest course of action is not to buy it.
Q: What if I already own a gun that is a copy or duplicate?

  • If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault weapon. But, as a matter of her discretion as a prosecutor, the Attorney General will not enforce the assault weapons ban against those who possess or transfer a copy or duplicate of a listed Assault weapon, if the weapon was obtained prior to July 20, 2016, when she issued the guidance.
  • The AGO also will not enforce the law against a gun dealer that possesses or transfers a “copy or duplicate” weapon that was obtained prior to July 20, 2016, provided that transfers, if any, are made to persons or businesses in states where ownership of the weapon is legal.
Q: I am a law enforcement officer. Does the guidance affect me?

  • No. The guidance does not change the law with respect to ownership of Assault weapons by law enforcement officers.
Q: What can I do to get rid of my gun?

  • There are frequent state, regional or local buyback programs. Check with your local police department.
  • You may also surrender any gun, at any time, for any reason to your local police department or to the State Police. See 5.15 CMR § 3.06.
Q: What is the penalty for owning or transferring an Assault weapon?

  • Under state law, owning or transferring an Assault weapon can lead to substantial fines or to prison time. See G.L. c. 140, §§ 128 and 131M for details. Gun dealers may also have liability under the state consumer protection act, G.L. 93A, and could potentially face revocation of any license issued under G.L. c. 140, § 122.
Q: Why did the Attorney General take this action?

  • The Enforcement Notice explains how the AGO will enforce a law – the Assault weapons ban – that was enacted in 1998 to protect public safety. By issuing the notice, the Attorney General hopes and expects that non-compliant gun dealers will come into voluntary compliance with the law, to minimize the need for criminal or civil enforcement.
  • The Attorney General intends to give full effect to the Legislature’s mandate that Assault weapons, including copies or duplicates of the listed weapons, stay out of civilian hands.
Q: Is there a list of weapons that are banned under state law?

  • No. The AGO will work with gun dealers, as necessary, to help them identify the guns that meet one or both of the tests of a copy or duplicate.
  • The AGO is expecting full, voluntary compliance the assault weapons ban, as it is explained in the Enforcement Notice, but will enforce the Commonwealth’s laws in a civil or criminal action if gun dealers or individuals do not comply.
Click to expand...
.
 
Goliathan said:
It says that the gun is illegal if it meets one or both of the test and is, semi-auto, etc., etc. I take this to mean that to be illegal they have to meet either the similarity test or the interchangeability test. Handguns and rifles that are not copies of the evil rifles should be fine as long as they meet the rest of the laws.

Of course, Maura Hitler has apparently decided that having the same basic inner workings passes the similarity test. Since semi-auto guns work on the same set of basic operating principles, it remains to be seen how far her bullshit will go.
Click to expand...

Agree. Seems like it would apply to AR and AK pistols, etc. Not all semi handguns.
 
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