Background:
What is the MA AWB?
The "Assault Weapons" ban in MA is almost a verbatim version of the Federal AWB that existed from 1994 - 2004.
This is how it is currently encoded in MA law:
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121
The "Assault Weapons" ban in MA did not expire in 2004, and a "cosmetic" bill was filed, passed, and then signed into law by romney (although it is arguable that such an extension was unecessary anyways, as the MA AWB had no sunset clause written into it to begin with. ).
How so called "Assault Weapons" are defined by the law:
Rifles:
(B) a semiautomatic rifle that has an ability to accept a detachable magazine and 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 bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;
NOTE WELL: Given (B), this means that things like PUMP and BOLT ACTION rifles are EXEMPT from the AWB.
Handguns/Pistols:
(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--
(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm; and
Shotguns:
(D) 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.'.
NOTE: Given (D) this means that break open, pump, bolt action shotguns are exempt from the AWB.
How the AWB applies to Magazines (eg, so called "Large Capacity Feeding Devices" under MGL):
The federal ban stipulated a ban on "Large Capacity Feeding Devices", and this is the MGL version:
What this means in english is that within the borders of MA, you cannot legally own/possess a magazine that meets the description above (unless the magazine was made on or before 9/13/94). You're probably wondering what an attached tubular device is"- think feeding tube on a tube fed .22 LR rifle like a Marlin or some of the old Winchesters. This carve out was stuck in the law to keep the fudds from getting upset when it got passed.
It should also be noted that the MA version of this law does not include the extra definition in Federal Law (reference to be added later) that used to define a standard of evidence for what constituted a "Large Capacity Feeding Device". Therefore, the means of prosecution with regards to magazines is not laid out in state law like it used to be on the Federal side. This means that how someone would be prosecuted for violating the mag ban is anyone's guess. Federal law rather FIRMLY put the burden of proof on the part of the state, even going so far as to stipulate that an unmarked mag that was claimed to be preban was to be taken at face value. This is not the case under MGL and enforcement is very unclear.
Exemptions: (This is important!)
The MA AWB does not apply in the following scenarios:
-The Rifle/Shotgun/Pistol was an "Assault Weapon" or in the case of a magazine holding more than 10 rounds, a "Large Capacity feeding device" manufactured on or before 9/13/94. Note: In order to qualify for this exemption, the device must have existed "in AW configuration" the date the law was enacted. This caveat, of course, is rarely proveable one way or the other.
-The device in question is possessed by an MA FFL or a LEO (for use in performance of their duties)
Note: This exemption is "murky" at best. The "commonly accepted" interpretation is the dealers are AWB exempt because they supposedly are able to sell AWs and the like to Law Enforcement, and the LE exemption is doubly murky, depending on who you talk to.
-The device in question is possessed by someone in US Military service under orders, or someone employed in a Federal law enforcement job as issued duty gear- issued gear is immune due to an overriding federal law more than likely. The protections ascribed to here likely do not apply beyond the scope of whatever the job you have is or whatever gear
you are issued.
-The device in question is not an "assault weapon" as described above or a large capacity feeding device. EG, a 10 round cripple mag is obviously not covered/governed by the AWB.
What is the MA AWB?
The "Assault Weapons" ban in MA is almost a verbatim version of the Federal AWB that existed from 1994 - 2004.
This is how it is currently encoded in MA law:
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121
The "Assault Weapons" ban in MA did not expire in 2004, and a "cosmetic" bill was filed, passed, and then signed into law by romney (although it is arguable that such an extension was unecessary anyways, as the MA AWB had no sunset clause written into it to begin with. ).
How so called "Assault Weapons" are defined by the law:
Rifles:
(B) a semiautomatic rifle that has an ability to accept a detachable magazine and 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 bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;
NOTE WELL: Given (B), this means that things like PUMP and BOLT ACTION rifles are EXEMPT from the AWB.
Handguns/Pistols:
(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--
(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm; and
Shotguns:
(D) 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.'.
NOTE: Given (D) this means that break open, pump, bolt action shotguns are exempt from the AWB.
How the AWB applies to Magazines (eg, so called "Large Capacity Feeding Devices" under MGL):
The federal ban stipulated a ban on "Large Capacity Feeding Devices", and this is the MGL version:
“Large capacity feeding device”, (i) 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; or (ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31) as appearing in such section on September 13, 1994. 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.
What this means in english is that within the borders of MA, you cannot legally own/possess a magazine that meets the description above (unless the magazine was made on or before 9/13/94). You're probably wondering what an attached tubular device is"- think feeding tube on a tube fed .22 LR rifle like a Marlin or some of the old Winchesters. This carve out was stuck in the law to keep the fudds from getting upset when it got passed.
It should also be noted that the MA version of this law does not include the extra definition in Federal Law (reference to be added later) that used to define a standard of evidence for what constituted a "Large Capacity Feeding Device". Therefore, the means of prosecution with regards to magazines is not laid out in state law like it used to be on the Federal side. This means that how someone would be prosecuted for violating the mag ban is anyone's guess. Federal law rather FIRMLY put the burden of proof on the part of the state, even going so far as to stipulate that an unmarked mag that was claimed to be preban was to be taken at face value. This is not the case under MGL and enforcement is very unclear.
Exemptions: (This is important!)
The MA AWB does not apply in the following scenarios:
-The Rifle/Shotgun/Pistol was an "Assault Weapon" or in the case of a magazine holding more than 10 rounds, a "Large Capacity feeding device" manufactured on or before 9/13/94. Note: In order to qualify for this exemption, the device must have existed "in AW configuration" the date the law was enacted. This caveat, of course, is rarely proveable one way or the other.
-The device in question is possessed by an MA FFL or a LEO (for use in performance of their duties)
Note: This exemption is "murky" at best. The "commonly accepted" interpretation is the dealers are AWB exempt because they supposedly are able to sell AWs and the like to Law Enforcement, and the LE exemption is doubly murky, depending on who you talk to.
-The device in question is possessed by someone in US Military service under orders, or someone employed in a Federal law enforcement job as issued duty gear- issued gear is immune due to an overriding federal law more than likely. The protections ascribed to here likely do not apply beyond the scope of whatever the job you have is or whatever gear
you are issued.
-The device in question is not an "assault weapon" as described above or a large capacity feeding device. EG, a 10 round cripple mag is obviously not covered/governed by the AWB.
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