MA Assault Weapons Ban "AWB" FAQ

[drgrant]

Mike, i bought some of those mini-shells... 1.5"
a remington 870 with a 3 round tube will hold 5 of those, by the letter of the law, pretty much every shotgun in MA is illegal, unless it's an OU, side by side or single shot....

interpretation on the ground and dealers ignoring things is one thing.... but the way the law is written is bad....
that doesn't make it invalid or unenforceable....

It does, actually, because it creates a situation where a defense lawyer can make a mockery of the state during an attempted prosecution. Do you really think the state is going to create a compelling argument in that environment? The law is so vacuous that it's a pile of garbage in this particular case.

this is something we need to get fixed...

Not really, nobody cares about it, and nobody has ever been prosecuted for it... and I doubt anyone ever will be, unless they change the law dramatically in a more negative way. This is one of those things that even when Guida was around he didn't make a big deal out of.

-Mike

 

[MSant]

The issue with those aguila half shells is they only feed reliably in shotguns with a solid elevator. Slotted elevators like the Mossberg 500, they flip over due to their awkward proportions. And I also have a couple boxes that I would be more than happy to bring to a shoot.

 

[lord1234]

Is possession of preban mags(30 rd) in boston legal? No gun...just mags

Sent from my Obamaphone

 

[inerlogic]

My nail gun and staple guns have high capacity feeding devices. I did not read anywhere in the law that an assault weapon is defined by having a feeding device holding more than x units of projectile.

Your nail and staple "guns" aren't firearms..... Large cap feeding.devices as well as assault weapons are banned..... Can you have a brand new 15 round magazine for any handgun you own? No..... Because if it holds more than ten rounds, and was made after Sept. 94, it's illegal to possess..... Can you possess a 30 round p-mag for your AR? No...... Same reason..... So what makes you think a shotgun magazine that exceeds 5 rounds is mysteriously not illegal?

*shrug* I DGAF.... Because I'm not the one who could be charged with a lifetime disqualifying felony.... By all means buy whatever TF you want.... And feel free to go bankrupt fighting a stupid law in court if it comes down to it..... We need test cases for the courts and someone needs to be prosecuted before this ban can be struck down by the Supremes.... Might as well be you.....

Sent from my EVO 4G LTE using Forum Runner

 

[Len-2A Training]

Is possession of preban mags(30 rd) in boston legal? No gun...just mags

Not if they are rifle mags. Boston's AWB of 1989 forbids ALL large-capacity rifle mags. There is no such thing as pre-ban wrt Boston's AWB. Only if you got a special "AWB License" from Boston PD back during their 90 day amnesty period and kept renewing it are you exempt. People who moved into Boston later than that can never legally possess (a list of particular) "AWs" or large-capacity rifle mags. NOTE: Their ban has nothing to do with shotgun or handgun mags. I go into this in a bit of detail in my MA Gun Law Seminar, as most people are totally unaware of it or totally confused by it.

 

[JGreen]

Retired Law enforcement officers are not exempt from the AW ban UNLESS they receive said items FROM their department upon retiring.

140 sec 131M
"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."

Just making sure my Cop Friends don't get into any trouble!

Inerlogic, We at at NES find personal attacks extremely helpful by the way.

 

[Dr. CCW]

Believe it or not this exchange was helpful. Thanks to all. I can predict that there will be a new mayor in Boston in 2013. Hopefully, with any luck, we can pursue a change in the Boston AWB. I'm sure we have statistics to support the pursuit. Adopting the federal laws makes the most sense for law enforcement. The waters are very muddy between the feds, state, and city laws and ordinances.

 

[drgrant]

Believe it or not this exchange was helpful. Thanks to all. I can predict that there will be a new mayor in Boston in 2013. Hopefully, with any luck, we can pursue a change in the Boston AWB. I'm sure we have statistics to support the pursuit. Adopting the federal laws makes the most sense for law enforcement. The waters are very muddy between the feds, state, and city laws and ordinances.

Nobody really cares about the Boston AWB. It's this relic of garbage that is never really enforced anyways, and you're dreaming if you think that Boston will ever elect a non 120% moonbat for mayor.

ETA: I don't really think Boston AWB garbage really belongs in this thread anyways- it's a completely different ball of wax from the MA AWB. We have a sticky here already for the Boston garbage... bump it if you like...

http://www.northeastshooters.com/vb...on-quot-Assault-Weapons-Ban-quot-n00b-content

-Mike

 

[OfficerObie59]

The bottom line here is the statutory text is unclear. Insanely enough, inerlogic's reading is plausible in theory but I don't see it being enforced anytime soon in a state where I bought an extended tube 870 off the shelf at Dick's Sproting Goods--the first people who would take it off the shelves if they thought it was illegal.

And this "asking for clarification" bullshit? Some of your guys are out of your minds. Ask them for clarification to disspell a legal interprtation NO ONE is enforcing, and you stand to wake the beast. Next thing you know, all MA FFL's will get a letter from EOPSS endorsing the interpretation you wished to "clarify".

 

[OfficerObie59]

Retired Law enforcement officers are not exempt from the AW ban UNLESS they receive said items FROM their department upon retiring.

140 sec 131M
"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."

Are you sure about that?

I've never read this provision that way. Nothing in there says the agency has to give it to him--it only says he not be disqualified from being given one by the agency upon retirement.

I know what Ron Glidden thinks and I know this will invite a buncg of "some animals are more equal than others" responses, but I think there is ample room for the interpretation that this may allow retired LEO's to possess weapons if they're not forced to retire as a result of committing a crime, losing an LTC, or becoming a federal PP.

 

[Len-2A Training]

Are you sure about that?

I've never read this provision that way. Nothing in there says the agency has to give it to him--it only says he not be disqualified from being given one by the agency upon retirement.

I know what Ron Glidden thinks and I know this will invite a buncg of "some animals are more equal than others" responses, but I think there is ample room for the interpretation that this may allow retired LEO's to possess weapons if they're not forced to retire as a result of committing a crime, losing an LTC, or becoming a federal PP.

I like your interpretation.

When do you plan on taking the Bar Exam?

 

[winter]

I have one.. Glock 26 standard capacity magazines are advertised as 10rd magazines but they actually hold 11rds. So if someone actually buys a G26 Gen4 standard capacity magazine, are they actually in possession of an illegal post ban high cap?

 

[JGreen]

Officer Obie59,
It is GOAL's position on the issue.
Kind of neat how the state doesn't believe that active LEO can purchase / possess post ban AW unless provided by the department for official use only, but retired LEO can receive such upon retirement "just for fun" I suppose.
It would be a boost if all MA LEO that are pro civil rights would speak on behalf of some of GOAL's bills. Enough of the us and them division! Last time I checked, We're all citizens and in the same sinking boat.

 

[drgrant]

I have one.. Glock 26 standard capacity magazines are advertised as 10rd magazines but they actually hold 11rds. So if someone actually buys a G26 Gen4 standard capacity magazine, are they actually in possession of an illegal post ban high cap?

No, they don't hold 11 rounds, or if they do, I bet you can't get it in the gun with the slide closed. My G26 Gen4 came with 2 10 round mags.. and there is no way in hell you are getting an 11th in there without going full retard on the mag.

-Mike

 

[ARV]

No, they don't hold 11 rounds, or if they do, I bet you can't get it in the gun with the slide closed. My G26 Gen4 came with 2 10 round mags.. and there is no way in hell you are getting an 11th in there without going full retard on the mag.

-Mike

Picturing what this would look like made my night

 

[winter]

Mike, I figured that it would load 11rds a couple years ago and have carried my G26 loaded this way since then. They do load to 11rds and I can get it in with the slide closed without "going full retard on the mag". Can post a vid showing it. I am sure that it is bad for the springs in the very long run but over the few years and couple thousand rounds a year, I have not noticed any weakness in the springs.

I know what you are talking about as I have had issues attempting this with other handguns but not any of my G26s.

No, they don't hold 11 rounds, or if they do, I bet you can't get it in the gun with the slide closed. My G26 Gen4 came with 2 10 round mags.. and there is no way in hell you are getting an 11th in there without going full retard on the mag.

-Mike

 

[glide]

Mike, I figured that it would load 11rds a couple years ago and have carried my G26 loaded this way since then. They do load to 11rds and I can get it in with the slide closed without "going full retard on the mag". Can post a vid showing it. I am sure that it is bad for the springs in the very long run but over the few years and couple thousand rounds a year, I have not noticed any weakness in the springs.

I know what you are talking about as I have had issues attempting this with other handguns but not any of my G26s.

What do you think it would look like at your trial with the DA shoving 11 rounds into your post-ban mag in front of a jury? There's your answer.

"Glock made it that way" is not likely a valid defense.

Edit: they don't make them that way. There is something wrong with your mag.

 

[winter]

If it was just one mag, I would agree with you in saying that there is something wrong with the mag. But is is not 1 mag I can do this with, I have 8 G26 Gen4 mags and 3 Gen3 mags and they all accept 11rds. They are made that way.

I am not arguing that it would look bad in front of a jury as it would.

they don't make them that way. There is something wrong with your mag.

 

[OfficerObie59]

Officer Obie59,
It is GOAL's position on the issue.
Kind of neat how the state doesn't believe that active LEO can purchase / possess post ban AW unless provided by the department for official use only, but retired LEO can receive such upon retirement "just for fun" I suppose.

Yup, exactly.

It would be a boost if all MA LEO that are pro civil rights would speak on behalf of some of GOAL's bills. Enough of the us and them division! Last time I checked, We're all citizens and in the same sinking boat.

Yup, it would, but the unions have bigger fish to fry for time being.

To be frank, police unions really have nothing to gain by spending political capital on preaching for pro-gun measures--particularly to mostly benefit people they think don't like them, as this forum aptly displays on a regular basis. You can argue what came first, the chicken or the egg, and who's at fault the soured relationship between police and the RKBA community (my money is that it's mainly the chiefs), but some people here have openly advocated violence against LEO's. That's not a way to win support. Just sayin'.

If I had to guess, I'd say most cops are rather indifferent about RKBA, maybe about 1/4 to 1/5 are shooters, and a handful are anti-2A like many other Ma**h***s. I've found that generally cops tend to be more politically conservative, trending proportionately more liberal the closer you get to the 128 belt but still more conservative as a whole. If GOAL asked for support from those police unions that supported Scott Brown, it just might get it.

 

[glide]

If it was just one mag, I would agree with you in saying that there is something wrong with the mag. But is is not 1 mag I can do this with, I have 8 G26 Gen4 mags and 3 Gen3 mags and they all accept 11rds. They are made that way.

I am not arguing that it would look bad in front of a jury as it would.

I just checked the 3 10 rounders that I own. I cannot fit more than 10 rounds in them. Even when using an uplula.

Are you sure you don't have. +2 baseplate on there?

In any case, if 11 rounds can fit in it, and it was made after 9/94, it's a post-ban large capacity feeding device. There are no exceptions to that rule.

 

[drgrant]

Mike, I figured that it would load 11rds a couple years ago and have carried my G26 loaded this way since then. They do load to 11rds and I can get it in with the slide closed without "going full retard on the mag". Can post a vid showing it. I am sure that it is bad for the springs in the very long run but over the few years and couple thousand rounds a year, I have not noticed any weakness in the springs.

I know what you are talking about as I have had issues attempting this with other handguns but not any of my G26s.

What kind of mag is it? (vintage)? I'm guessing its not the typical follower, because I know I couldn't do that with either of mine now. One of the mags its difficult to get 10 in let alone 11.

-Mike

- - - Updated - - -

What do you think it would look like at your trial with the DA shoving 11 rounds into your post-ban mag in front of a jury? There's your answer.

"Glock made it that way" is not likely a valid defense.

Edit: they don't make them that way. There is something wrong with your mag.

Well, first the DA would have to prove it's not pre-ban. He can have lots of fun with that.

I have a G26 Gen4 and it came with 2 postban mags. There is no way in hell I can get 11 rounds in either of the ambi cut mags that the gun came
with.

-Mike

 

[winter]

You mean the ones that are of questionable legality on G26 mags in MA? No, those are only on my preban 17rders.

Are you sure you don't have. +2 baseplate on there?

In any case, if 11 rounds can fit in it, and it was made after 9/94, it's a post-ban large capacity feeding device. There are no exceptions to that rule.

Factory Glock magazines, springs, followers, and base plates. All of the 8 Gen4 mags I have are from this year and the 3 others I have are from my '08 Gen3 26.

I know the DA would have to prove it and I doubt that I would get hassled for having 11rds in the magazine anyways but the fact remains that they load to 11rds.

Maybe Ill post a vid this weekend.

What kind of mag is it? (vintage)? I'm guessing its not the typical follower, because I know I couldn't do that with either of mine now. One of the mags its difficult to get 10 in let alone 11.

-Mike

- - - Updated - - -



Well, first the DA would have to prove it's not pre-ban. He can have lots of fun with that.

I have a G26 Gen4 and it came with 2 postban mags. There is no way in hell I can get 11 rounds in either of the ambi cut mags that the gun came
with.

-Mike

 

[glide]

Well, first the DA would have to prove it's not pre-ban. He can have lots of fun with that.

Shouldn't be hard at all. To my knowledge there were no 10 round Glock 9mm mags made before the ban.
The G26 did not exist until 1995.

To the OP - don't make a video. That is the stupidest thing you could do.

 

[winter]

To the OP - don't make a video. That is the stupidest thing you could do.

Not at all. I am maintaining residency in both states. For all purposes I am recording in Maine.

 

[glide]

Not at all. I am maintaining residency in both states. For all purposes I am recording in Maine.

Ahhhhh! Sorry I missed that part.

 

[winter]

I just neglected to mention it.

Ahhhhh! Sorry I missed that part.

 

[winter]

I understand that on preban ar you can throw whatever you want on it. However with a post ban ar you need to have the comp/muzzle break pinned, welded, etc so that the "barrel" threads are covered. Is there anything saying that you can not have quick detach threads on the comp/break? Or once it is pinned/welded it is considered part of the barrel thus needing to be covered as well?

 

[glide]

I understand that on preban ar you can throw whatever you want on it. However with a post ban ar you need to have the comp/muzzle break pinned, welded, etc so that the "barrel" threads are covered. Is there anything saying that you can not have quick detach threads on the comp/break? Or once it is pinned/welded it is considered part of the barrel thus needing to be covered as well?

Gray area.

 

[TheKingNothing]

So in reading this, I was considering throwing on a Tapco Stock onto my SKS. This Stock has both a Pistol Grip and a Collapseable stock but am concerned now because what exactly is the definition of
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;


Or does this not apply since the SKS I have does not accept a detachable magazine?

 

[soam]

So in reading this, I was considering throwing on a Tapco Stock onto my SKS. This Stock has both a Pistol Grip and a Collapseable stock but am concerned now because what exactly is the definition of
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;


Or does this not apply since the SKS I have does not accept a detachable magazine?

Doesn't apply to your SKS since it doesn't accept a detachable magazine. Detachable mags are a prerequisite for a rifle or pistol to be an AW.