If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
If I were to get a FID instead of a LTC would I be able to buy and keep a Benelli M4 in my home for self defense?
Yes, the M4 is perfectly legal for a FID holder to own and possess. It is neither "large capacity",
as the magazine only holds 4 shells, nor an "assault weapon", as it only has one "evil feature", which is the pistol grip.
If the gun is set up the way it's supposed to be (eg, over 5 shell capacity) it would indeed be, large capacity.
Buying an M4 without having an extended tube on it is like using butter on half a slice of toast.
-Mike
If the gun is set up the way it's supposed to be (eg, over 5 shell capacity) it would indeed be, large capacity.
Buying an M4 without having an extended tube on it is like using butter on half a slice of toast.
-Mike
I thought if it was fixed capacity of 10 rounds or less you could have it.
Yes, but then having a tube that holds more than 5 shotgun rounds would make it non-AWB compliant (assuming it has factory pistol grip) and not legal for anyone to have.
Does it matter that it is easily modified to a "high capacity" configuration?
It shouldn't. Since that configuration is the "factory default" for the M4 that means it should be FID legal.
What I don't understand about this is that sometimes manufacturers will come out with different defaults for the same gun, often labeled "State-compliance" models that are only shipped with 10-round magazines. Yet these, too, are illegal for FID holders to possess. One example:
http://www.northeastshooters.com/vbulletin/showthread.php/72038-S-W-has-a-MA-compliant-M-P15-22-out
What I don't understand about this is that sometimes manufacturers will come out with different defaults for the same gun, often labeled "State-compliance" models that are only shipped with 10-round magazines. Yet these, too, are illegal for FID holders to possess.
ETA: I'd imagine that some AR-15 manufacturer out there only ships their guns with 10-round magazines. Shouldn't they (the particular AR-15 sold by that particular manufacturer) then be FID legal? I understand that high-capacity magazines exist, but this is also true of FID legal guns like the 10/22, Mini-14, etc.
It shouldn't. Since that configuration is the "factory default" for the M4 that means it should be FID legal. It would be different if the gun nominally came with an over 5 tube on it, but then at that point, the gun probably is not MA legal anyways for non-LE buyers (Because it violates the MA AWB )
A curious thing to note is the Benelli M1S90 is on the Large Cap roster. That shotgun is NOT legal for FID holders to own in MA, specifically because of the roster listing.... so even if the gun was neutered to below 5, it's still not FID legal. The M4 is not on the roster at all.
-Mike
I had a dealer tell me that a Rem 870 is HiCap.
The AR-15 is specifically named as an "assault weapon," so ANY firearm using its design is also, regardless of what mags it ships with.
The Ruger 10/22, Mini-14 and Mini-30 were never so named and have never been on the Federal or MA "assault weapon" rosters.
I'm looking for a tactical shotgun myself and it seems the Mossberg 930SPX got some good write ups. Is the pistol grip version legal for MA? It does hold over 5 rounds and is semi-auto but the firearm is made in the USA. I read on another forum that since the benelli's are imported there are some different laws that pertain to them.
Thanks Chris
No pistol grip, evil features over five rounds Semi Shot Gun in MA
Assualt Weapon Definition
Semi-automatic shotguns with two or more of the following:
Folding or telescoping stock
Pistol grip
Fixed capacity of more than 5 rounds
Detachable magazine