If the gun is shipped or the residency between the two parties is dissimilar it has to go through an FFL. FA-10 can only be used between two residents with a gun that's already in MA.
-Mike
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MA Assault Weapons Ban "AWB" FAQ
- Thread starter drgrant
- Start date
If the gun is shipped or the residency between the two parties is dissimilar it has to go through an FFL. FA-10 can only be used between two residents with a gun that's already in MA.
-Mike
That Guy
Banned
I have a question that I am sure has already been answered, but I can't find it anywhere on NES.
What constitutes a "pistol grip?" Thumbhole stocks seem to get a pass, but under those guidelines, why wouldn't a Tavor? I keep seeing Tavors for sale with welded muzzle breaks, but if the stock wasn't considered pistol grip, that wouldn't be necessary, right?
Mostly what I'm wondering is whether there is case law on what constitutes a pistol grip.
What constitutes a "pistol grip?" Thumbhole stocks seem to get a pass, but under those guidelines, why wouldn't a Tavor? I keep seeing Tavors for sale with welded muzzle breaks, but if the stock wasn't considered pistol grip, that wouldn't be necessary, right?
Mostly what I'm wondering is whether there is case law on what constitutes a pistol grip.
The law is "a pistol grip that protrudes conspicuously beneath the action of the weapon". A thumbhole stock would be behind the action. The difference being between beneath and behind. Also a thumbhole grip does protrude conspicuously.
I may be talking out my ass though. IANAL.
Charging handle and bar may be included.
God only knows. There's probably some old ATF letters on this, buried somewhere, that the rest of the nation has forgotten about.
There is no MA guidance from any MA authority on this issue. Or any case law. (that I'm aware of).
-Mike
I am struggle with the Semi-auto shotgun info posted here, looking for some guidance
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.'.
Per MGL below, the wording is different. If the detachable mag is 5 rounds or less, then this is not one of the evil features, correct?
(vii) any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.
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.'.
Per MGL below, the wording is different. If the detachable mag is 5 rounds or less, then this is not one of the evil features, correct?
(vii) any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.
No. It says that if the shotgun cannot hold more than 5 rounds, then it is not an AW. If the shotgun accepts detachable magazines, and magazines exist for the shotgun that hold more than 5 rounds, then the (vii) exception you quoted above does not apply. This is true whether or not you actually use magazines that hold more than 5 rounds. If that shotgun has any of the other features, listed for shotguns, then it is an AW.
so even with a Class A High-Cap LTC, ANY magazine that holds more than 10 rounds, AND is dated 9/13/94 or later, is fully illegal to own in Mass. ZERO exceptions to this law for Class-A holders correct? Anything undated (ie AR magazine or AK magazine) or dated before 9/13/94 is legal to own and use? correct?
thanks all!
Mike B
thanks all!
Mike B
Almost correct. Just because it is undated does not make it legal. It needs to have been mfd on/before 9/13/1994 to be legal, period.
Duxprep
NES Member
If you had Grant or the FFL you shipped it to pin and weld a non flash-hider muzzle device it looks like it would be fine
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I just posted a locked Sticky in my training sub-forum that gives some useful info on identifying pre-ban AR-15 mags.
https://www.northeastshooters.com/vbulletin/threads/300099-AR-15-Mags-ID-Info-Useful-wrt-Pre-Ban
https://www.northeastshooters.com/vbulletin/threads/300099-AR-15-Mags-ID-Info-Useful-wrt-Pre-Ban
TheSimpleOne
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Couple questions, 1: a comp/muzzle brake that is pinned is legal correct? 2: overall length/barrel length had nothing to do with it? 3: if I were to have a scar 16s shipped to an ffl would they deny the transfer or is it legal for them to pin and weld a muzzle device and lock the stock in place and allow the transfer?
TheSimpleOne
NES Member
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Awesome, thanks for the response!
I have read through quite a bit of this thread and found quite a bit of great information but I could not find a definitive answer to the following question.
I understand the governing laws that ban certain aspects of AWB laws in MA. My question would be this. If I purchase a Threaded Barrel, Muzzle Break & Collapsible Stock for my rifle. The purpose is for when I travel to a friends range in NH. I would like to have these options when I target shoot. Of course I would not assemble them until I was at the range and disassemble prior to leaving. Is simply owning the pieces illegal in itself or only if they are assembled into a working firearm?
Any info would help as I want to stay in the boundaries of the law.
I understand the governing laws that ban certain aspects of AWB laws in MA. My question would be this. If I purchase a Threaded Barrel, Muzzle Break & Collapsible Stock for my rifle. The purpose is for when I travel to a friends range in NH. I would like to have these options when I target shoot. Of course I would not assemble them until I was at the range and disassemble prior to leaving. Is simply owning the pieces illegal in itself or only if they are assembled into a working firearm?
Any info would help as I want to stay in the boundaries of the law.
Possessing the parts is not illegal. It doesn't matter if the rifle could have two features, it matters if it actually does.
That being said, it is going to be a major pain in the ass to swap out the barrel and buffer tube/stock every time you want to go up to NH.
It's questionable if you'd get in trouble, but they could charge you with "constructive possession" if they wanted to. Best to leave that stuff outside the state. Not at all likely unless they really want to get you (and that would usually be due to something else).
ETA: IANAL but if you also possessed a pre-ban AR, I doubt that any DA would even look at you twice for having that stuff as "it's for my pre-ban" would be a great alibi to kill any attempt of prosecution.
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My understanding of "Constructive Possession" is that it only really applies in cases where there is no possible legal reason for possessing the parts in question. In the case of AR parts that could be used to make an AW, a simple justification for having them is for building a MA-legal AR. I can possess a threaded barrel and a collapsible stock in order to build an AR with a pinned muzzle brake and a pinned stock. Otherwise everyone with AR parts in their house is a potential felon.
If they "want to get you" they will throw spaghetti at the wall and hope they get a judge/jury dumb enough to convict. Since many use public defenders that don't know a gun from a fence-post, it's not that difficult. Drop by our Natick get-together again and ask me for the detailed info on the criminal case I testified (for the defense as an expert witness) last year. It was eye-opening . . . three of the original charges were legally non-crimes but the case from arrest to his day in court was almost 2 years.
Thank you, I appreciate the info. I do not shoot all that much but when I do, I hate for it to be what MA tells me I can shoot and more of what I feel comfortable shooting.
I suspect like anything, once done enough times, the assembly / dis-assembly will not be all that bad.
I also have read about pinning / silver soldering the muzzle break. That is an option if it becomes too much of a hassle. I would just hate to only have 1 muzzle break as an option on an expensive barrel.
And a lot of people are afraid of owning Glocks or carrying pre-ban mags. We see that here frequently.
But that is not the same as owning parts that could be used to make a new, illegal so-called assault weapon. Big difference in black and white reading of MGLs (wrt Glock and pre-ban mags being legal vs. confusion on AWs).
I'm merely informing folks that it isn't black and white clear, but a very low risk if you aren't into something else even more illegal.
I am pretty much a law abiding citizen. Married, kids white picket fence kind of thing. Haverhill from what I have seen with the police. They are a bunch of pretty good guys. We typically have cookout and fires at our house and on occasion the cops will be called for loud noises. One cop that came decided to come back after his shift to enjoy the night with us.
I really don't have anything bad to say about them. That is not to say they won't do their job but in this city, they do not go out of their way to bust your hump.
With that being said, I do not think they would TRY to interpret the law in a manner that would put me in cuffs for having "parts" dis-assembled traveling to NH.
warwickben
bubba Kalashnikov
MA Assault Weapons Ban "AWB" FAQ
I'm going to call bull shit on "Constructive intent". Key word is intent.... Not possession.
If that was the case mass would basically have to write a shit ton of new laws that would stop people from doing home builds.
They have to prove you intended to break the law.
What's the difference between a person a snooping around a house at night with a lock pick set and a guy chilling at home that picks locks for a hobby ? Intent .
I can right now go out and buy a 20mm parts kit for a belt fed gun from a Russian air craft from Apex. No parts in the kit are modified yet to prevent it from being full auto or not a DD(over 50 cal) . 100% legal to own and only becomes illegal a certain point during the rebuild if I go out of order to make it non fa and if I'm keeping it a dd(having the stamp) or converting it to a non dd caliber.
My point is there are plenty of rulings on the books that protect you . They need a slam dunk case against you proving your intent .
With the fear of the state busting you idea, on a intent charge for violating the awb. They could bust any one with tap and die set that owns a mp sport .
I'm going to call bull shit on "Constructive intent". Key word is intent.... Not possession.
If that was the case mass would basically have to write a shit ton of new laws that would stop people from doing home builds.
They have to prove you intended to break the law.
What's the difference between a person a snooping around a house at night with a lock pick set and a guy chilling at home that picks locks for a hobby ? Intent .
I can right now go out and buy a 20mm parts kit for a belt fed gun from a Russian air craft from Apex. No parts in the kit are modified yet to prevent it from being full auto or not a DD(over 50 cal) . 100% legal to own and only becomes illegal a certain point during the rebuild if I go out of order to make it non fa and if I'm keeping it a dd(having the stamp) or converting it to a non dd caliber.
My point is there are plenty of rulings on the books that protect you . They need a slam dunk case against you proving your intent .
With the fear of the state busting you idea, on a intent charge for violating the awb. They could bust any one with tap and die set that owns a mp sport .
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