Massachusetts High Capacity Magazine Dealer Exemption. Win for Ma Dealers

[GLOCK-22]

I have been looking for hours today on the Ma general laws web site and can't find it can some one send me a link where is says Dealers or Manufactures are exempt from the mag capacity law i know i have seen it before but cant find it now.

Thank you

 

[StevieP]

Maybe this?

General Law - Part I, Title XX, Chapter 140, Section 121

The provisions of sections 122 to 129D, inclusive, and sections 131, 131A, 131B and 131E shall not apply to:

(A) any firearm, rifle or shotgun manufactured in or prior to the year 1899;

(B) any replica of any firearm, rifle or shotgun described in clause (A) if such replica: (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; and

(C) manufacturers or wholesalers of firearms, rifles, shotguns or machine guns.

 

[GLOCK-22]

Yes I was that at the very bottom of the page it says does not count for guns made prior to 1899 replicas and manufacturers and wholesalers but i thought it was more clear somewhere else.

 

[enbloc]

I'd love a Pre-1900 Glock with a 33-round Scherer mag...

 

[mikeyp]

I'd love a Pre-1900 Glock with a 33-round Scherer mag...

They're rarer than the Glock 7 but you can find them

 

[enbloc]

Hey! I love it!

I want a brace of those...

Yohoho, It's a Pirate's Life for Me!

 

[mikeyp]

Much to Maura's chagrin, 100% Mass legal lol

 

[StevieP]

Much to Maura's chagrin, 100% Mass legal lol

You could give someone a dangerous poke in the eye with that thing. Surely illegal.

 

[one-eyed Jack]

I have been looking for hours today on the Ma general laws web site and can't find it can some one send me a link where is says Dealers or Manufactures are exempt from the mag capacity law i know i have seen it before but cant find it now.

Thank you

Seems like the FFLs are exempt if they have the Mass Dealers license. Correct me if I'm wrong. Jack.

 

[Len-2A Training]

Maybe this?

General Law - Part I, Title XX, Chapter 140, Section 121

"Wholesalers" =/ "dealers" So this section does not apply.

Seems like the FFLs are exempt if they have the Mass Dealers license. Correct me if I'm wrong. Jack.

I have to head out to give a presentation, so no time to verify, but take a look at C. 269 S. 10 as well as C. 140 S. 131M? I think it is in 131 (might be another sub-section) however. Otherwise legally dealers couldn't have and sell stock to LEOs w/o an exemption.

 

[M60]

I'd love a Pre-1900 Glock with a 33-round Scherer mag...

In

 

[M60]

They're rarer than the Glock 7 but you can find them

A little help and that could be a standard capacity black powder, with a laser/ light attached. Wicked pissah.

 

[GLOCK-22]

So the very last line (C) manufacturers or wholesalers of firearms rifles shotguns or machine guns are exempt it looks like.

 

[180 GRAIN FMJ]

FlintGlock

 

[enbloc]

My twisted mind says someone could engineer a "semi-auto black powder pistol" by making a removable magazine that stored miniball rounds with a powder charge behind it that when the slide reciprocated it would pull off a measured amount of powder. After the trigger was pulled the slide would go rearward and grab a new ball and scrape up a new charge of powder while cocking the flint, then sealing that into the breech as the slide moves forward. There would be no cases to extract, but there would have to be a way to seal off the combustion chamber from errant sparks to the magazine area...

Ooh. Got to much time on my hands right now.

 

[soam]

It's hidden in the language of the AWB itself (chapter 140 section 131M)

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...

Section 122 is the section which defines licensing for MA dealers, so the AWB doesn't apply to anyone licensed as a MA dealer.

 

[Len-2A Training]

It's hidden in the language of the AWB itself (chapter 140 section 131M)

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...

Section 122 is the section which defines licensing for MA dealers, so the AWB doesn't apply to anyone licensed as a MA dealer.

Thank you Mike

 

[GLOCK-22]

The other dealer will sell if I send in documentation that its being sold to a police officer because they believe that the only exemption is for law enforcement.

They said if i show them there is a exemption for dealers or manufacturers they would change there policy and sell to dealers in Ma.

 

[Odyssey Arms]

So the very last line (C) manufacturers or wholesalers of firearms rifles shotguns or machine guns are exempt it looks like.

Meaning only 07 FFL (manufacturer / dealer), not 01 FFL (dealer only), are exempt. Just clarifying for anyone reading this thread in the future.

 

[Frizzle Fry]

Meaning only 07 FFL (manufacturer / dealer), not 01 FFL (dealer only), are exempt. Just clarifying for anyone reading this thread in the future.

I'm sorry where are you getting that impression? It says "or" not "and".

Section 131M references licensees under Section 122, which includes non-manufacturer dealers. It's a reference only to state licensing, not Federal.

 

[Odyssey Arms]

Perhaps you are right. But since there is no state manufacturer license (only dealer - to sell/lease/rent), seems to me it means you have to be an 07 (federal manufacturer) to be exempt.

EDIT: Oh, I see what you're talking about now. You could be a wholesaler (not manufacturer) and be exempt. Gotcha. :emoji_thumbsup:

 

[GLOCK-22]

Hopefully this guy is not a dick and will ship after I show him.

 

[FalArAk]

How come you just dont go to NH and buy some standard cap mags ?

 

[GLOCK-22]

How come you just dont go to NH and buy some standard cap mags ?

I could but why do I want to pay 72 dollars more for 2 mags when the gun comes with 2 mags for free.

 

[Behind Enemy Lines]

Hopefully this guy is not a dick and will ship after I show him.

I deal with this a ton on GB, 9 times out of 10 they ship after showing them the law. But there's always the 1 out of 10 that won't.

 

[FalArAk]

I could but why do I want to pay 72 dollars more for 2 mags when the gun comes with 2 mags for free.

Ahh gotcha...they should reduce the price of the gun $72 though if they decide not too send them with the gun.

 

[GLOCK-22]

So these are all the chapters and sec that will exempt Dealers, Gun Smiths, Manufacturer's and LEO.

Chapter 140 Sec 121 last paragraph manufacturer's and wholesalers

Chapter 140 Sec 131M LEO and licenced as section 122 (Ma dealers licence)

Chapter 140 Sec 122 explaining dealer licence process

Chapter 269 Sec 10 paragraph (M) last sentence (v) gunsmiths


I would like to thank all of you for pointing me in the right direction.

I called and schooled the seller on Ma. gun laws and we went over every exseption for Ma dealers and said I should be all set we will have to see.

 

[enbloc]

Good luck. If you can get this vendor to ship to Massachusetts by getting him to understand the law, you have done us all a great service.

One at a time! That's how success is counted in Mass Gun Law...

 

[GLOCK-22]

So after arguing with customer service.

Then talking to the FFL department.

And finally talking to the ATF compliance manager in the FFL department.

With a little persuasion and pointing out all the laws for clarification.

Brownells changed it's policy and will ship firearms with high capacity (standard capacity) magazines to Massachusetts for LEO OR Ma Dealer.

Not that Brownells has the best prices on firearms but every so often they have a blow out sale and it ends up being cheaper than any distributor out there.

 

[Dennis in MA]

Now we just need C&R recognized as a "dealer" to MA. LOL