MA Gun Laws

ski patrol said:
how can this be sold in ma?
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Either the store owner didn't know the law or didn't care. It wouldn't be the first time that a MA gun store sold something that is illegal under the MA assault weapons ban.
 
Mike-Mike said:
...
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/Ge...140/Section121

... a "cosmetic" bill was filed, passed, and then signed into law by romney...

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;
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Just wanted to make sure that didn't slip by anyone here.
 
just wondering about the whole magazine laws and stuff im looking at M&P handguns and they say they ship with 15 rnd mags, will they see im from MA and send me 10rnd mags instead or will the dealer not complete the transfer?


sorry just found my answer*
 
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devenob said:
just wondering about the whole magazine laws and stuff im looking at M&P handguns and they say they ship with 15 rnd mags, will they see im from MA and send me 10rnd mags instead or will the dealer not complete the transfer?
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If thr gun you bought is an MA SKUed gun it will come with tens.
 
This is probably the wrong section, but didn't want to start a new thread, and I couldn't find anything on it.

I know you are only allowed 4 FA-10's a year to sell guns, is that also covered on trades? I am guessing this is a really dumb question, but just want to make sure. I have used my 4 FA-10's for the year, but now am trading one of my guns for another gun. I am guessing I need the FFL right, as there is no spot on the form for 'trade.'

Thanks
 
I had a question about selling firearms in MA. If someone is waiting on their LTC, is it possible to "sell" a firearm, as long as you maintain possession of said firearm until you receive your LTC, at which point you would send the paper FA-10 form in.
 
winter said:
I had a question about selling firearms in MA. If someone is waiting on their LTC, is it possible to "sell" a firearm, as long as you maintain possession of said firearm until you receive your LTC, at which point you would send the paper FA-10 form in.
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No, you must be appropriately licensed, or exempted by statute, to sell or transfer...

MGL 140-128A said:
The provisions of section one hundred and twenty-eight shall not apply to any person who, without being licensed as provided in section one hundred and twenty-two, sells or transfers a firearm, rifle or shotgun to a person licensed under said section one hundred and twenty-two, or to a federally licensed firearms dealer or to a federal, state or local historical society, museum or institutional collection open to the public. The provisions of section one hundred and twenty-eight shall not apply to any resident of the commonwealth who, without being licensed as provided in section one hundred and twenty-two, sells or transfers to other than a federally licensed firearms dealer or organization named above not more than four firearms, including rifles and shotguns in any one calendar year; provided, however, that the seller has a firearm identification card or a license to carry firearms, is an exempt person under the conditions of clauses (n), (o), (r) and (s) of the fourth paragraph of section one hundred and twenty-nine C, or is permitted to transfer ownership under the conditions of section one hundred and twenty-nine D
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http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128A
 
I do some Craiglist sales and I always met in a public place of my choice. During that transaction if that person robs me and I felt that person would inflict great bodily harm. I can't do anything as per MA law. Am I correct in saying this?
 
Sinster said:
I do some Craiglist sales and I always met in a public place of my choice. During that transaction if that person robs me and I felt that person would inflict great bodily harm. I can't do anything as per MA law. Am I correct in saying this?
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No.
 
Sinster said:
So I can defend myself with deadly force in MA.
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In MA (and in all other states) you can use deadly force to defend yourself if you are in immediate danger of death or great bodily injury. In MA, when outside your home, you must retreat if it is safe to do so. Some states do not require you to retreat when outside of your home.
 
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If you're asking this here, you should not be carrying for self defense purposes; if you're using the interwebs to answer this question.....

well, let's just say that IANAL is frequently posted.

If you do not have sufficient understanding of the laws regarding this, buy an hour with an attorney that knows firearm laws. Or take the "Gun Laws for Non-Lawyers" seminar that I've seen mentioned around here, once in a while.

Not meaning to be a PITA, but you need to know the laws that apply to your actions, especially WRT firearms in the PRM.
 
New member question, I did the search function, but was unable to find the answer. If a MA resident wants to sell a rifle (AR-15) to a NH resident as a private sale, do you have to go through a FFL?

Thanks for your time.
NH8531
 
NH8531 said:
New member question, I did the search function, but was unable to find the answer. If a MA resident wants to sell a rifle (AR-15) to a NH resident as a private sale, do you have to go through a FFL?
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This is covered by federal law, not MA law. All firearms transactions across state lines must go through an FFL. You can not do private sales across state lines. If the firearm being sold is a handgun, it must go through an FFL in the buyer's state of residence. Find a dealer in NH that is convenient to both you and the buyer, drive up and do the transfer through the dealer.

You can confirm this on the ATF's FAQ. Note while reading this that in the ATF FAQ, the phrase "unlicensed person" means someone who is not an FFL, and the word "licensee" means an FFL:

Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
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Full text here: ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons
 
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I have an extremely stupid question.
I'm sure this is not legal and there are laws against it but I'm going to ask anyway.

If you hold a mg license and can legally own and obtain Class III firearms, can you convert your semi auto firearm to a full auto firearm? Or can you not mess with the firing capability? Is this legal in any state?

flame on!
 
JCV said:
I have an extremely stupid question.
I'm sure this is not legal and there are laws against it but I'm going to ask anyway.

If you hold a mg license and can legally own and obtain Class III firearms, can you convert your semi auto firearm to a full auto firearm? Or can you not mess with the firing capability? Is this legal in any state?

flame on!
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Plenty of info in the NFA section. The answer to your question is YES but it just not that simple.
 
Mike-Mike said:
Plenty of info in the NFA section. The answer to your question is YES but it just not that simple.
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I assume you're referring to stuff like Registered Drop-In Auto Sears (RDIAS) and the like, which is legal but VERY expensive. That would let you "convert" an AR-15 to full auto.

I think (and correct me if I'm wrong JCV) that he was thinking more along the lines of converting a semi-auto into a full-auto without having to drop thousands of dollars for a registered part. If that's the case, then the answer is absolutely NOT. Federal law states that only machine guns that were manufactured and registered prior to the cutoff date in 1986 are legal for normal civilian ownership. In the case of an RDIAS, that part is considered the "machine gun" for the purposes of the NFA, so that is the part that is registered with the ATF and costs thousands of dollars. Basically if you want to legally own a machine gun, it's not going to be cheap.
 
mlaboss said:
I assume you're referring to stuff like Registered Drop-In Auto Sears (RDIAS) and the like, which is legal but VERY expensive. That would let you "convert" an AR-15 to full auto.

I think (and correct me if I'm wrong JCV) that he was thinking more along the lines of converting a semi-auto into a full-auto without having to drop thousands of dollars for a registered part. If that's the case, then the answer is absolutely NOT. Federal law states that only machine guns that were manufactured and registered prior to the cutoff date in 1986 are legal for normal civilian ownership. In the case of an RDIAS, that part is considered the "machine gun" for the purposes of the NFA, so that is the part that is registered with the ATF and costs thousands of dollars. Basically if you want to legally own a machine gun, it's not going to be cheap.
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Thanks.

The reason I asked was because of how much a Class III firearm costs. I figured if an AR could be converted then it would be more common and the mark up on these full auto guns wouldn't be as high as they are.
But thanks for clarifying everything, you learn something new everyday.
 
mlaboss said:
I assume you're referring to stuff like Registered Drop-In Auto Sears (RDIAS) and the like, which is legal but VERY expensive. That would let you "convert" an AR-15 to full auto.

I think (and correct me if I'm wrong JCV) that he was thinking more along the lines of converting a semi-auto into a full-auto without having to drop thousands of dollars for a registered part. If that's the case, then the answer is absolutely NOT. Federal law states that only machine guns that were manufactured and registered prior to the cutoff date in 1986 are legal for normal civilian ownership. In the case of an RDIAS, that part is considered the "machine gun" for the purposes of the NFA, so that is the part that is registered with the ATF and costs thousands of dollars. Basically if you want to legally own a machine gun, it's not going to be cheap.
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We agree.
 
I have a random question. Can i carry my handgun in a commercial vehicle? The reason I'm asking is because a friend of mine said its Illegal. I never heard that before so now I'm confused.
 

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