MA Assault Weapons Ban "AWB" FAQ

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DKnine said:
With regard to the proposed MA legislation, is there reason to consider buying a pre '94 AR now? I thought I read something about an AW ban with the only exception for a MA resident being a pre ban rifle which was "otherwise lawfully possessed" prior to '94.
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Correct...

Devil's Proposed Legislation said:
Section 131M. No person shall sell, offer for sale, transfer or possess: (i) an assault weapon that was not otherwise lawfully possessed on September 13, 1994;...
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DKnine said:
Is there a chance that newer ARs/AKs would not be grandfathered, or in any way treated differently, than pre '94 rifles?
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Yes, if it passes the definition of "assault weapon" would remain unchanged.

Therefore, as currently, only pre-9/13/94 rifles would be grandfathered.
 
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Would a Saiga rifle with a fixed stock, 10 rd US made magazine and a pistol grip be considered MA legal? From what I have read the pistol grip would be the evil feature along with the ability to accept a magazine larger than 10 rds. The magazine and stock are US made so I think I'm OK on 922r. Am I ok for MA law in your opinions? Thanks.
 
That would be mass legal, the ability to accept the detachable magazine is just a qualifier along with it being semi auto, but it is not included amongst evil features.
 
Kevlar said:
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Welcome to NES!



Correct...







Yes, if it passes the definition of "assault weapon" would remain unchanged.

Therefore, as currently, only pre-9/13/94 rifles would be grandfathered.
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Thank you. One clarifier, If I purchase a pre ban rifle from out of state, would that be grandfathered under this proposed law?, or would the pre 94 rifle need to have been owned IN MA previously?
 
DKnine said:
Thank you. One clarifier, If I purchase a pre ban rifle from out of state, would that be grandfathered under this proposed law?, or would the pre 94 rifle need to have been owned IN MA previously?
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The problem with "proposed law" is that it rarely passes into law the way it was proposed and thus the question is a "crystal ball" question. LOGIC says that you grandfather older products to avoid the pesky Constitutional issue of confiscation without compensation issue. HOWEVER, CA and NY have tried unique techniques whereby they forced you to rid yourself of certain things by shipping them out of state by a certain date or face persecution and to date (subject to further court action) they did get away with it. MA courts (and many MA legistraitors) are arrogant enough that I wouldn't put it past them to try the same here.

Thus, I think that you'd be OK, but can't say that with certainty.
 
"Magazines:
Q: Can I use a pre-ban large capacity mags in post-ban, ban neutered firearm?

A: Yes. The gun the mag works in has nothing to do with the mag, legally speaking."

Are there any actual passages in the state law that says it's okay to use pre ban mags in post ban rifles? Or anything that says it's illegal to do so?
 
Kurtz said:
"Magazines:
Q: Can I use a pre-ban large capacity mags in post-ban, ban neutered firearm?

A: Yes. The gun the mag works in has nothing to do with the mag, legally speaking."

Are there any actual passages in the state law that says it's okay to use pre ban mags in post ban rifles? Or anything that says it's illegal to do so?
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Here's the text of the law. There's no ambiguity.


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. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.

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.
 
I have a couple of questions:

1. Is Arsenal SAM7R-61 legal to own in Mass ? If not, what exactly would it need to make it compliant for mass ? I have not found many online retailers willing to ship this to mass.

I am travelling out of state to one of the free states in the near future and might I stumble upon one of these (big MIGHT), can I buy them legally there and bring the beauty back to Mass ?

2. Its my understanding that any handgun purchase for OUT OF STATE resident needs to be handled via FFLs (from seller/selling party to buyers FFL). Is it true for states that only require background check and 4473 for handgun purchase and NOT a State Issued Permit or ID to sell you a gun ? Would the information on 4473 (non-resident address of individual) be enough for that dealer to NOT sell one a handgun in that particular free state ?

Thanks
 
You're not going to put a non resident address on a 4473 for a pistol. It has to be transferred through an FFL in your state of residency. So, if you are a MA resident, the pistol will have to be sent to a MA FFL an you will have to make sure that FFL is willing to transfer it.
 
CadillacGolfer said:
I very recently was having a conversation with two NH residents (whom I didn't know well) and I believe they are very misinformed. One of them was mentioning he had a Non-resident MA LTC and he does conceal carry in MA occasionally. I forget what pistol he uses but it is certainly Post ban with high cap mag. I told him he should not carry that in MA as it against the AWB. He seemed to think he was OK because he is a NH resident and his non resident MA LTC says high capacity, NH resident 2, then chimed and agreed with NH resident 1. So I said yeah but the AWB then limits it to 10 round mags and when in MA, MA laws apply and it's a felony to carry those mags in MA. They both disagreed again and looked at me like I was crazy, so I just said believe what you want and went on my way. I am correct yes?
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Would this change if it were say a pre ban unotch mag in a new gen 4 Glock?
 
Glock: Gun doesn't matter, but mags in MA has to be pre-ban or low-capacity. AWB applies to EVERYONE visiting MA for any reason as well as subjects under the thumb of the Commiewealth.
 
LenS said:
Mike, "Drive thru" is not the same as "visiting". FOPA protects you on driving thru, as long as no stops for anything but quick meal, bathroom or gas. Anything more and it is felony time.
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Great, This is what I believed as well but the clarification is refreshing. Thanks
 
lets try number 1 again from few posts above:

1. Is Arsenal SAM7R-61 legal to own in Mass ? If not, what exactly would it need to make it compliant for mass ? I have not found many online retailers willing to ship this to mass. ???


 
Based on Arsenals description, no. Muzzle brake needs to be permanently attached and bayonet lug needs to go away. 10 rd mag that Arsenal ships with is fine, but if you find one with a standard capacity magazine, it needs to be preban.
 
rkwjunior said:
Would this kit be legal on a pump action or is it a 5 round max cause its a detachable mag, or is completely exempt because of it being pump???


10 rd with collapsable stock.Adaptive Tactical | Product Detail | Venom-SE 10 Rnd Rotary Kit with M4 Style Stock

5 rd Adaptive Tactical | Product Detail | Venom 5 Rnd Box Kit

Thanx
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a semiautomatic shotgun that has at least 2 of--"

(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.'“
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Since it's pump, the shotgun itself cannot be an AW. However, the 10 round magazines are a no-go since anything over 5 counts as large capacity.

A “large capacity feeding device” is defined the same as in federal law, or:
“a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells; ... The term “large capacity feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber ammunition.”
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rkwjunior said:
So how is the Keltec Ksg legal, Cause its not a detachable mag?? The law also says "fixed"
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Because there is a generally held (although frequently contested) opinion that somehow or another tube based shotgun feeding tubes are somehow exempt from the AWB. There are a few threads sprinkled around the board about it.. It looks more solid for pumps than autos because at least in the case of a pump the gun itself cannot be rendered as "large capacity" under MGL.

See also, this mess...

http://www.northeastshooters.com/vb...hotgun-capacity-questiions-massachusetts.html

ETA: the reason I didn't really address this directly in my FAQ is obvious. There is a sea of murk here.

-Mike
 
Can someone answer the question whether FA bolt carriers are "legal" in Massachusetts. It appears that Colt is only producing FA bolt carriers and that they are installed as part of all new AR-15s. I've researched this for some time and it appears that there are a lot of conflicting opinions on the subject. I apologize if this questions has been asked and answered.
 
esq1997 said:
Can someone answer the question whether FA bolt carriers are "legal" in Massachusetts. It appears that Colt is only producing FA bolt carriers and that they are installed as part of all new AR-15s. I've researched this for some time and it appears that there are a lot of conflicting opinions on the subject. I apologize if this questions has been asked and answered.
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Yes they are legal. The use of a FA BCG isn't responsible for turning your semi auto into full auto.

Sent from my DROID4 using Tapatalk 2
 

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