No pre-ban (or post) semi-auto rifles in Boston?

[steel996]

I just wanted to confirm this with the knowledgeable people on the board.
Is it true that the city of Boston passed a "Assault Weapon" ban in 1998, at which time they required all pre-ban's to be registered, and now it's illegal for one to possess a pre-ban or post-ban semi-auto rifle capable of utilizing a "high-capacity feeding device" (mag over 10rds) as a resident of the city?
Thanks for any feedback.

Craig

 

[Len-2A Training]

No, that isn't quite correct. I suggest that you do a search on a few key words to find more here. I know that I have addressed this issue here before a few times. I think I even may have cited the Boston By-Law text or pointed to a URL where it can be found (not certain on this).


Salient points:

- I seem to think that this Boston law went into effect prior to 1998, but I am not certain.

- It was a 1 time opportunity to get a Boston "assault weapon" license. If you didn't live in Boston and get the license at the time you are SOL.

- I do not know if this also involved possession of hi-cap feeding devices or not.

- Boston's Legal Counsel told Chief Ron Glidden that nobody has ever been prosecuted on this local law AND Legal Counsel wasn't sure that the Boston By-Law was in itself legal!

- The Boston By-Law ONLY affected people who LIVE IN BOSTON, and has NO effect on anyone visiting the city or passing thru the city.

HTH

 

[targetshooter]

SPECIAL BOSTON PERMIT FOR COMPETITION AR-15

Dear Folks,

I'm new to the forum and had a question about the experience of others with the Boston Assault Weapons ban. I see there is a lot of material in this Forum on the subject, but I do not find anything specific to whether Boston has ever issued a special permit for city residents involved in competition. I presently live in Metro West but also own a place downtown and my wife and I are considering moving back. I have a class A LTC and am getting involved with CMP Service Rifle competition. The Boston Assault Weapons Ban, buried deep in section 3 of ch 596 is language indicating that a permit may be obtained to possess an otherwise banned AR15 if one is engaged in competition.

The provisions of this act shall not apply to the possession of assault weapons, large capacity magazines or large capacity ammunition belts by persons taking part in a competition or attending a meeting or exhibition of any organized group of firearms collectors or travelling to or from such competition, meeting or exhibition; provided, however, that any such person has on his person a firearm identification card for the assault weapons issued pursuant to section one hundred and twenty-nine B of chapter one hundred and forty of the General Laws or is a resident of the United States and has on his person a permit or license to carry or possess firearms, including said assault weapons, issued under the laws of any state, district or territory which has requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that any such person who is a resident of the city of Boston shall also have on his person a license to possess the assault weapons issued pursuant to this act;


Has anyone tried to get such a permit or even inquired about it with BPD? Of course, if I can't possess one in Boston, I won't. I'm not taking any risks with my license or getting into some legal hassle. Thanks, all. Good to be here.

Targetshooter

 

[Kevlar]

.
Welcome to NES!

I'm new to the forum and had a question about the experience of others with the Boston Assault Weapons ban. I see there is a lot of material in this Forum on the subject, but I do not find anything specific to whether Boston has ever issued a special permit for city residents involved in competition ... Has anyone tried to get such a permit or even inquired about it with BPD? Of course, if I can't possess one in Boston, I won't. I'm not taking any risks with my license or getting into some legal hassle.

Permits were only available for 90 days after enactment...

SECTION 6. Within ninety days of the effective date of this act, any person lawfully in possession of an assault weapon and a firearm identification card for that assault weapon issued pursuant to section one hundred and twenty-nine B of chapter one hundred and forty of the General Laws shall apply to the police commissioner of the city of Boston, or his designee, for a license to possess such assault weapon...

 

[bill o]

Dear Folks,

I'm new to the forum and had a question about the experience of others with the Boston Assault Weapons ban. I see there is a lot of material in this Forum on the subject, but I do not find anything specific to whether Boston has ever issued a special permit for city residents involved in competition.

You're 24 years too late trying to register an AW in Boston.

 

[targetshooter]

Has Anyone Tried to Get a Permit for Competition?

.
Welcome to NES!



Permits were only available for 90 days after enactment...

I was afraid that might be the interpretation. Section 6 sets a deadline for compliance but does not contain language to prohibit making an application after the effective date of the act. At least as I read this, it looks possible to apply for a permit. Has anyone tried to get a permit for competition purposes?

 

[bill o]

I was afraid that might be the interpretation. Section 6 sets a deadline for compliance but does not contain language to prohibit making an application after the effective date of the act. At least as I read this, it looks possible to apply for a permit. Has anyone tried to get a permit for competition purposes?

If you rolled into headquarters to apply for an AW permit they'd look at you like you had two heads. No one would know what you're talking about. The clerk might not have been born by the time that ship sailed.

Try. The worst they can do is say no, or arrest you if you're insistent.

 

[Kevlar]

Section 6 sets a deadline for compliance but does not contain language to prohibit making an application after the effective date of the act.

As I interpret it, the deadline is the prohibition on future issuance (except the 90 day window for roster additions).

At least as I read this, it looks possible to apply for a permit.

I disagree, but I'd be interested in the outcome of your inquiry.

 

[targetshooter]

Usually, when a statute is going to prohibit something or put a limitation on a right, there is explicit language like, "After said ninety days, the Commissioner shall issue no permit ..." etc. The Boston Ban goes farther than the NFA and appears to be confiscatory because it leaves to no provision for subsequent transfer of a firearm unlike the NFA. On the other hand, the NFA passed in a different era when the Supreme Court took a much more restrictive view of powers of the federal government. I'll have to look into the issues more and post what I find.

 

[Len-2A Training]

I'm with Kevlar on both points.

Let us know how it goes when you go into BPD HQ and ask for the permit application. It should be educational at best.