PSA: iS It pRe HEaLY?

[not new guy]

Well, I guess before you throw an upper on it that is a question, because the same lower can be .223, 5.56, etc, correct.

Or 9mm, or 300AAC, or 22lr...

 

[Editor]

So way to treat me like a child without actually answering the questions I posed. Clearly you have no problem "doing you." I'm just trying to understand the intricacies so I can make a calculated decision and you have to take it to treating me like a coward and shit talking Maura instead of being direct. If someone asks "what specific concerns do I need to consider?" the appropriate response is not "either have concerns or don't buy" unless your goal is to continue maintaining the "wizard behind the curtains" mentality of firearms ownership in MA.

Astronut16, when you walk into a room, common practice is sit down, mouth shut, and ears open long enough to understand what's going on in the room before you contribute to the conversation(s). Forums are no different.

Did you search on this topic before asking the question? There have been something like 250,000 threads on this very subject, and there are no definitive answers to what the atty general's nonsensical press releases mean. Invest a few minutes searching and reading and you can avoid asking the same mind-numbing questions ad nauseam.

You can use the forum's search capability or, better yet, use Google, since this site is indexed and publicly readable. Go to google.com. Then for a query, type (without the quotes) "site:northeastshooters.com YourSearchWordsOrTerm"

No one is treating you like a child; you just don't like the answers you're receiving. Which is not to say respondents aren't abrupt; they are.

 

[kevblah]

I feel for the new guy though.

We are all quite literally in the same boat.

But this forum likes to shame and ridicule new people for asking questions. It’s almost as if you’re not pro-2A and instead just like having guns and making fun of people who don’t.

Yes, this question has been asked a million times and almost every time it’s “answered” with the same “hEaLeY bAn iS fAkE” narrative.

Call me a bootlicker but I recognize the healey press conference and therefore only build on pre-94 lowers. Too much risk for too little gain to flout an openly published “interpretation” policy.

A pre94 lower can be bought for $1000 so why all this fuss to save a few hundred bucks? As MAGAARMS so eloquently put it earlier: “can’t figure out if you’re a hater or poor... probably both”

 

[Astronut16]

a $750 gap is more than a few hundred bucks, but it might be worth it just for the insurance.

 

[kevblah]

a $750 gap is more than a few hundred bucks, but it might be worth it just for the insurance.

i was being a little facetious there to reiterate a previous attack on people being poor

yes its no small amount of money but its worth it to me to avoid doing the mental gymnastics required to convince myself that im not unnecessarily exposing myself to any legal issues.

even if you're all right about the "healey ban" not being enforceable, i wouldnt want to be the case study and spend tens of thousands in legal fees

 

[Da_lucche]

I feel for the new guy though.

We are all quite literally in the same boat.

But this forum likes to shame and ridicule new people for asking questions. It’s almost as if you’re not pro-2A and instead just like having guns and making fun of people who don’t.

Yes, this question has been asked a million times and almost every time it’s “answered” with the same “hEaLeY bAn iS fAkE” narrative.

Call me a bootlicker but I recognize the healey press conference and therefore only build on pre-94 lowers. Too much risk for too little gain to flout an openly published “interpretation” policy.

A pre94 lower can be bought for $1000 so why all this fuss to save a few hundred bucks? As MAGAARMS so eloquently put it earlier: “can’t figure out if you’re a hater or poor... probably both”

The Healey Ban is fake though. It is a reinterpretation of standing case law; which is why the Mass House was ripshit at Healey for bypassing their "authority". A LEO like Healey can't reinterpreted case law ... that's not her job. Her job is to enforce laws in how they currently stand. It is the House's job to legislate a reinterpretation.

What it was good for was scaring FFLs from transferring in and selling "copies and duplicates" of ARs and AKs. That's all it is ... a scare tactic and it worked for the most part. There hasn't been ONE charge using Healey's Ban definition since her proclaimination in July 2016 ... and this is by design ... if brought to court, it would be thrown out ... just like her JC Arms fixed mag lower AWB case was thrown out.

 

[kevblah]

The Healey Ban is fake though. It is a reinterpretation of standing case law; which is why the Mass House was ripshit at Healey for bypassing their "authority". You can't reinterpreted case law, especially a LEO like Healey ... that's not her job. Her job is to enforce laws in how they currently stand.

What it was good for was scaring FFLs from transferring in and selling "copies and duplicates" of ARs and AKs. That's all it is ... a scare tactic and it worked for the most part. There hasn't been ONE charge using Healey's Ban definition since her proclaimination in July 2016 ... and this is by design ... if brought to court, it would be thrown out ... just like her JS Arms fixed mag lower AWB case was thrown out.

be that as it may, ive yet to see a retraction of this fake press conference even with, i assume, all of the pro-2A organizations applying pressure about this

we need a martyr to turn themselves in so that this can be tested in court

 

[Astronut16]

so how exactly are guys registering these builds? exactly as they are?

 

[not new guy]

JC Arms. Joe spent enough that he ought to get proper credit.

 

[kevblah]

so how exactly are guys registering these builds?

some are just registering them as a 5.56 rifle or in some cases... i suspect they're not registering them at all

 

[Da_lucche]

be that as it may, ive yet to see a retraction of this fake press conference even with, i assume, all of the pro-2A organizations applying pressure about this

we need a martyr to turn themselves in so that this can be tested in court

Why would there be a retraction from the state level or media? The House was pissed at Healey for overshadowing them, but in the end, they are all on the same team and approve of end results of the edict.

 

[Da_lucche]

JC Arms. Joe spent enough that he ought to get proper credit.

Fixed lol

 

[Astronut16]

I'm going to have to research the JCarms deal.

 

[CrackPot]

So way to treat me like a child without actually answering the questions I posed. Clearly you have no problem "doing you." I'm just trying to understand the intricacies so I can make a calculated decision and you have to take it to treating me like a coward and shit talking Maura instead of being direct. If someone asks "what specific concerns do I need to consider?" the appropriate response is not "either have concerns or don't buy" unless your goal is to continue maintaining the "wizard behind the curtains" mentality of firearms ownership in MA.

@drgrant Gave you a good answer even if you did not like it or felt you were treated like a child. There are literally 100s of threads on the MA AWB and the Healey press conference.

The bottom line is there is the law as written and there is what Healy said in front of a camera and subsequently posted on her website (and has modified a dozen times since). Assuming you have a basic understanding of civics you know that Healey cannot make new laws which she tried to do at her press conference. Assuming you have not lived under a rock you know that MA courts don't care what the law says and therefore even following the law with regards to guns has risk.

So instead of being a millennial with hurt feelings and talking about how you were treated, put on your big boy pants and decide what you want to do. I see the following options

1. Ignore the law and do whatever you want.
2. Follow the written law, buy a new lower, build it in compliance with the AWB and go about your business.
3. Partially follow Healey and buy or build a fixed mag lower/rifle
4. Try and follow Healey (good luck with that since she edits her site regularly and has language like "not limited to"). Buy a pre-Healey lower or rifle at ass-rape prices but go home feeling good that you have supported tyrants
5. Go home with your man-bun, skinny jeans and antifa girlfriend. Return your balls to the jar she keeps them in. Cut up your LTC since gun ownership is not for you

My observations

• If you are worried about how you are treated or want to talk about your feelings, you are in the wrong place. I am sure there is a forum hosted by AOC that will better fit your temperament.
• If you don't like us bashing Healey or other libtards, again, you are on the wrong forum.
• If you really wanted an answer, go read the 1000 posts on the topic. This is really asked/answered too often to think about and everyone is tired of every noob to the forum asking the same damn question and wanting to be spoon fed answers when they are readily available

Gun ownership is about personal responsibility. Take some. Read the law. Read the forum. Make your own damn decisions. If you decide you have a pair of balls and wear big boy pants, buy a lower and build an AR like everyone else does.

 

[drgrant]

So way to treat me like a child without actually answering the questions I posed. Clearly you have no problem "doing you." I'm just trying to understand the intricacies so I can make a calculated decision and you have to take it to treating me like a coward and shit talking Maura instead of being direct. If someone asks "what specific concerns do I need to consider?" the appropriate response is not "either have concerns or don't buy" unless your goal is to continue maintaining the "wizard behind the curtains" mentality of firearms ownership in MA.

There are no “answers” that’s my point. Those looking for legal “ condoms “ against maurons bullshit won’t find them. The closest to that is the law itself, her edict is made from whole cloth and not really reflective of the actual law.

 

[kevblah]

i actually like crackpots post above

it pretty much outlines the options that we all have

and since this question comes up so much, why cant we just make a sticky with a post similar to what crackpot just posted

 

[Da_lucche]

I'm going to have to research the JCarms deal.

From what I heard - I may be totally wrong here - Somehow Norwood Police (???) came across someone with a JC Arms fixed mag lower and proceeded to prove that the mag was not fixed by trying to rip the mag out and ended up rendering the lower inoperable. Somehow it gets to Healey's desk and she decides to bring JC Arms to court for violating the AWB regarding AR pistols. Long story short, the judge ruled the lower did not violate standing law regarding AR Pistols and the AWB and the case got tossed. Of course, you would have to dig for that ruling because the media didn't report on it.

What this ruling also says to me is that, by adding a fixed mag to a lower, you are manufacturing a NEW firearm - which is why according to standing MA AWD law, you cannot fix a preban 30 rounder to a lower ... so if this is a new firearm, then it is a "POST" Healey ban firearm ... and guess what JC Arms or the original victim with the lower was never brought to court over - even though Healey had every ability to do so - that's right - possessing and/or manufacturing and selling POST Healey ban lowers. Again, all bullshit.

 

[Larry Gentile]

Here is the clear straight answer lowdown as far as I understand it. Please correct me if i'm misinformed.

1. An AR lower is not considered a firearm in Ma.
2. An AR lower is considered a firearm Federally, thus the NCIS check when purchasing.
3. Once you completed the AR lower and it is able to fire a round you have 7 days to register it to comply with Mass law (EFA-10)
4. When registering your rifle they ask caliber, barrel length and manufacture. Date of purchase or date of manufacture is not part of the registration. Nor is who you bought it from or where is came from. The state just want to know that you have it.
5. You still need to comply with Mass law "evil features" and federal law barrel length. (last time i checked there isn't someone at my range checking for pinned muzzle brakes and stocks.)
6. The AR ban is actually not a ban. No laws were changed. It was a press conference that reinterpreted existing laws that scared FFL's into selling AR style rifles. Same administration that scares the vast majority of online ammo sales from online vendors even though it is also 100% perfectly legal to do so (thank god for TS).

Please add anything that I might have missed.

 

[Astronut16]

@drgrant Gave you a good answer even if you did not like it or felt you were treated like a child. There are literally 100s of threads on the MA AWB and the Healey press conference.

The bottom line is there is the law as written and there is what Healy said in front of a camera and subsequently posted on her website (and has modified a dozen times since). Assuming you have a basic understanding of civics you know that Healey cannot make new laws which she tried to do at her press conference. Assuming you have not lived under a rock you know that MA courts don't care what the law says and therefore even following the law with regards to guns has risk.

So instead of being a millennial with hurt feelings and talking about how you were treated, put on your big boy pants and decide what you want to do. I see the following options

1. Ignore the law and do whatever you want.
2. Follow the written law, buy a new lower, build it in compliance with the AWB and go about your business.
3. Partially follow Healey and buy or build a fixed mag lower/rifle
4. Try and follow Healey (good luck with that since she edits her site regularly and has language like "not limited to"). Buy a pre-Healey lower or rifle at ass-rape prices but go home feeling good that you have supported tyrants
5. Go home with your man-bun, skinny jeans and antifa girlfriend. Return your balls to the jar she keeps them in. Cut up your LTC since gun ownership is not for you

My observations

• If you are worried about how you are treated or want to talk about your feelings, you are in the wrong place. I am sure there is a forum hosted by AOC that will better fit your temperament.
• If you don't like us bashing Healey or other libtards, again, you are on the wrong forum.
• If you really wanted an answer, go read the 1000 posts on the topic. This is really asked/answered too often to think about and everyone is tired of every noob to the forum asking the same damn question and wanting to be spoon fed answers when they are readily available

Gun ownership is about personal responsibility. Take some. Read the law. Read the forum. Make your own damn decisions. If you decide you have a pair of balls and wear big boy pants, buy a lower and build an AR like everyone else does.

Wow...

Where to begin. I'm not a millennial. A bit older than that. I've spent my entire career saving lives as an RN and my "antifa" girlfriend is actually a doctor who also spends her career helping people. I'm a staunch believer in the LAW and our RIGHTS. I also am not stupid enough to not understand how those things get weaponized. My feelings aren't hurt, I'm just all set dealing with c***s like you who have time to act like a f***boy but don't have time to answer some simple questions, the answers to which are scattered all over. In short, go f*** yourself.

 

[Astronut16]

Here is the clear straight answer lowdown as far as I understand it. Please correct me if i'm misinformed.

1. An AR lower is not considered a firearm in Ma.
2. An AR lower is considered a firearm Federally, thus the NCIS check when purchasing.
3. Once you completed the AR lower and it is able to fire a round you have 7 days to register it to comply with Mass law (EFA-10)
4. When registering your rifle they ask caliber, barrel length and manufacture. Date of purchase or date of manufacture is not part of the registration. Nor is who you bought it from or where is came from. The state just want to know that you have it.
5. You still need to comply with Mass law "evil features" and federal law barrel length. (last time i checked there isn't someone at my range checking for pinned muzzle brakes and stocks.)
6. The AR ban is actually not a ban. No laws were changed. It was a press conference that reinterpreted existing laws that scared FFL's into selling AR style rifles. Same administration that scares the vast majority of online ammo sales from online vendors even though it is also 100% perfectly legal to do so (thank god for TS).

Please add anything that I might have missed.

Thanks, that's more or less the set of conclusions I've come to after the months of reading, googling, and basically trying to educate myself before engaging other people, you know, that shit the trolls don't think I did, but if you read from my very first response you can see I'm speaking from educated confusion, not "hey guys, what constitutes an AWB?" when it's defined clearly in the MGL and it's referencing of the defunct FAWB.

 

[CrackPot]

Well to all including OP who say there is no such thing as pre-Healy, why did dealers stop selling them in 7/16? What happened on that day?

It is a thing, and the fact is no one wants to be a test case. At least with a pre-Healy, you have an additional leg to stand on if you are the one persecuted. That to me is worth a few hundred extra bucks.

.

There is a market for "pre-Healey" lowers and rifles for a reason. I sold off almost every "pre-Healey" item I could find in my personal safe to people that felt like you do. This is Amerika after all and everyone gets to have their opinion and anyone who wants to profit based on those opinions is free to do so.

Ok, so that is a little ironic since right now having an opinion other than that of BLM is not allowed and anti "price gauging" laws are a thing, but I am allowed to dream.

FFLs selling a stripped lower are not at risk of the Healy edict - it's not a firearm. But joe schmoe taking that lower and building it up? He will be dead meat if caught. At least with a pre-Healy lower you have a case that it was owned all along. Or a document that says so. Take one manufactured last year you have absolutely no defense.

And maybe none of this matters when MA finally passes another assault weapons ban. It will be like NYS and they all will have to go - big fire sale.
.

Healey said the lower of an assault weapon is an assault weapon. So by your logic above, the dealer is still taking risk since they are "ignoring" Healey. How dare we.

You say "dead meat". Please reference ANY case of a successful prosecution under the Healey press conference. The purpose of the press conference was fear, uncertainty and doubt. You are perpetuating fear with your post. We have no evidence of "dead meat" so let's not help Healey in her mission by perpetuating the fear she released.

The one case on the south shore where a scum bag was charged with an AWB violation on a JCArms fixed mag lower built into a pistol was successfully defended by JCArms and we have good case law in our favor about the fixed mag AR platform. That was not a charge under Healey press conference but classic thuggery by the local police to pile on charges. It backfired.

Healey's press conference had statements that fall into two categories

1. Made up of whole cloth with no basis in the written law
2. Made up in direct contradiction of 18 years of MA law and 22 years of federal law

It is important to understand the way the MA AWB works.
MGL 140 131M says illegal to XXXX an assault weapon
MGL 140 121 defines assault weapon as "see federal law of 13 sep 1994"

Federal law was then interpreted and the interpretations published, questions answered, etc by the ATF. We then have 10 years of federal case law around the AWB and 100s of pages of decisions and rulings by the ATF about what it means.

Healey came along and said "I dont care about what the law meant, I am changing that and oh, by the way, here are some new laws".

A lower is unregulated in MA so a charge under MGL 140 131M as an AWB violation falls into (1) made up of whole cloth. This is why some FFLs will now sell lowers and 9mm ARs and...

The re-interpretation of what is an AW with her interoperability tests and similarity tests is her pretending to be the ATF but throwing out 22 years of precedent. It means nothing unless we let it. BUT a dealer has a "may issue" license. So there are very straight forward scenarios where a dealer will lose their license related to this new Healey crap. That is why you are unlikely to see a dealer sell an AR outright that is post 13 sep 1994.

Individuals on the other hand require criminal prosecution and that bar is very high compared to the "may issue" dealer license. Healey does not pass muster in any reasonable court of law (which we dont have in MA). So most people are willing to take that risk and move on with their lives. We all "want" a criminal prosecution because it will establish case law that the civil actions taken against Healey cant. But no DA will prosecute because the risk of case law favorable to us is too high and the status quo of fear and people spreading fear is a far better result.

So again, please stop spreading fear.

 

[Da_lucche]

Thanks, that's more or less the set of conclusions I've come to after the months of reading, googling, and basically trying to educate myself before engaging other people, you know, that shit the trolls don't think I did, but if you read from my very first response you can see I'm speaking from educated confusion, not "hey guys, what constitutes an AWB?" when it's defined clearly in the MGL and it's referencing of the defunct FAWB.

IDK man ... people are giving you answers to the best of their ability (considering Healey's edict is wishy washy on purpose) and to me it seems you are not liking the answers and continuing to argue over semantics at this point.

And get used to the Fuhrer Healey shit talking here. She undoubtly deserves it and some of us here do do our part in giving her the middle finger.

 

[CrackPot]

Wow...

Where to begin. I'm not a millennial. A bit older than that. I've spent my entire career saving lives as an RN and my "antifa" girlfriend is actually a doctor who also spends her career helping people. I'm a staunch believer in the LAW and our RIGHTS. I also am not stupid enough to not understand how those things get weaponized. My feelings aren't hurt, I'm just all set dealing with c***s like you who have time to act like a f***boy but don't have time to answer some simple questions, the answers to which are scattered all over. In short, go f*** yourself.

Missed the point again. There are no clear answers. The law is only the law if courts uphold it which they dont in MA when it comes to guns. So either make a decision and move on or keep railing against people on this forum who are giving you the best answers that exist. Now I may have couched my answers in some comical insults because you are coming off like a latte drinking millennial, but that does not change reality. Thicken your skin, do some actual reading and make your own decisions. Then live with the consequences of your own decisions.

People not giving you the answer you want does not make then wrong.

If only f***ing myself was anatomically possible. The potential...

 

[Astronut16]

There is a market for "pre-Healey" lowers and rifles for a reason. I sold off almost every "pre-Healey" item I could find in my personal safe to people that felt like you do. This is Amerika after all and everyone gets to have their opinion and anyone who wants to profit based on those opinions is free to do so.

Ok, so that is a little ironic since right now having an opinion other than that of BLM is not allowed and anti "price gauging" laws are a thing, but I am allowed to dream.



Healey said the lower of an assault weapon is an assault weapon. So by your logic above, the dealer is still taking risk since they are "ignoring" Healey. How dare we.

You say "dead meat". Please reference ANY case of a successful prosecution under the Healey press conference. The purpose of the press conference was fear, uncertainty and doubt. You are perpetuating fear with your post. We have no evidence of "dead meat" so let's not help Healey in her mission by perpetuating the fear she released.

The one case on the south shore where a scum bag was charged with an AWB violation on a JCArms fixed mag lower built into a pistol was successfully defended by JCArms and we have good case law in our favor about the fixed mag AR platform. That was not a charge under Healey press conference but classic thuggery by the local police to pile on charges. It backfired.

Healey's press conference had statements that fall into two categories

1. Made up of whole cloth with no basis in the written law
2. Made up in direct contradiction of 18 years of MA law and 22 years of federal law

It is important to understand the way the MA AWB works.
MGL 140 131M says illegal to XXXX an assault weapon
MGL 140 121 defines assault weapon as "see federal law of 13 sep 1994"

Federal law was then interpreted and the interpretations published, questions answered, etc by the ATF. We then have 10 years of federal case law around the AWB and 100s of pages of decisions and rulings by the ATF about what it means.

Healey came along and said "I dont care about what the law meant, I am changing that and oh, by the way, here are some new laws".

A lower is unregulated in MA so a charge under MGL 140 131M as an AWB violation falls into (1) made up of whole cloth. This is why some FFLs will now sell lowers and 9mm ARs and...

The re-interpretation of what is an AW with her interoperability tests and similarity tests is her pretending to be the ATF but throwing out 22 years of precedent. It means nothing unless we let it. BUT a dealer has a "may issue" license. So there are very straight forward scenarios where a dealer will lose their license related to this new Healey crap. That is why you are unlikely to see a dealer sell an AR outright that is post 13 sep 1994.

Individuals on the other hand require criminal prosecution and that bar is very high compared to the "may issue" dealer license. Healey does not pass muster in any reasonable court of law (which we dont have in MA). So most people are willing to take that risk and move on with their lives. We all "want" a criminal prosecution because it will establish case law that the civil actions taken against Healey cant. But no DA will prosecute because the risk of case law favorable to us is too high and the status quo of fear and people spreading fear is a far better result.

So again, please stop spreading fear.

Now this is the kind of rationale I was hoping to hear from people. I wanted to know what other people thought, not what the facts were since we all can look that up. I wanted to make sure my conclusions weren't fairy tale bullshit compared to people with much more exposure. I agree with every inch of what you've said above, and I also have no intention of giving them a reason to get involved in my life like the guy in the JC Arms case did. So the risk you've outlined is the risk I am willing to take, I just didn't want to miss any others.

 

[Da_lucche]

Individuals on the other hand require criminal prosecution and that bar is very high compared to the "may issue" dealer license. Healey does not pass muster in any reasonable court of law (which we dont have in MA). So most people are willing to take that risk and move on with their lives. We all "want" a criminal prosecution because it will establish case law that the civil actions taken against Healey cant. But no DA will prosecute because the risk of case law favorable to us is too high and the status quo of fear and people spreading fear is a far better result.

Great summary on why Healey doesn't need to bring any individual to court over her edict. Her edict was fully manufactured to hit where the heart is - the FFLs.

 

[Astronut16]

Missed the point again. There are no clear answers. The law is only the law if courts uphold it which they dont in MA when it comes to guns. So either make a decision and move on or keep railing against people on this forum who are giving you the best answers that exist. Now I may have couched my answers in some comical insults because you are coming off like a latte drinking millennial, but that does not change reality. Thicken your skin, do some actual reading and make your own decisions. Then live with the consequences of your own decisions.

People not giving you the answer you want does not make then wrong.

If only f***ing myself was anatomically possible. The potential...

Your second answer is the kind of answer you give to someone joining your ranks, the first answer is the answer that makes someone feel like a moron and not join the ranks. Isn't the goal to have more and more responsible like minded owners, the old "strength in numbers" thing? I know it's a pain in the ass to deal with noobs, I do it all the time with car guy stuff, but damn dude, it took you more time to call me a bitch than it did to give your well rounded views, and I'm over here just trying to make sure I'm not f***ing myself or the cause.

 

[TomMontana]

Wow...

Where to begin. I'm not a millennial. A bit older than that. I've spent my entire career saving lives as an RN and my "antifa" girlfriend is actually a doctor who also spends her career helping people. I'm a staunch believer in the LAW and our RIGHTS. I also am not stupid enough to not understand how those things get weaponized. My feelings aren't hurt, I'm just all set dealing with c***s like you who have time to act like a f***boy but don't have time to answer some simple questions, the answers to which are scattered all over. In short, go f*** yourself.

First time on the internet?

 

[CrackPot]

Your second answer is the kind of answer you give to someone joining your ranks, the first answer is the answer that makes someone feel like a moron and not join the ranks. Isn't the goal to have more and more responsible like minded owners, the old "strength in numbers" thing? I know it's a pain in the ass to deal with noobs, I do it all the time with car guy stuff, but damn dude, it took you more time to call me a bitch than it did to give your well rounded views, and I'm over here just trying to make sure I'm not f***ing myself or the cause.

I won't hug it out, but you might have a future on NES. Get through the rough edges and the abuse you will take and the forum can be pure gold. It is definitely one of my favorite sports to splatter noobs on the pavement when they, well, act like noobs.

Welcome to NES!

 

[PappyM3]

Plenty of people are legally registering their builds, 67ray how are they dead meat? Major misinformation here.

His “dead meat” comment isn’t accurate. However, he does have a point that you hold less liability than those building rifles.
1. You don’t hold any liability because you are not transferring firearms, by actual text of the MGL. That part of her decree is easily ignored as it is in contravention of MGL and there is no gray area.

2. The buyer then builds an AR, which becomes a firearm. According to traditional reading of MGL and the opinion of the ATF, it is not an assault weapon as long as it meets feature limits. However, “copy” and “duplicate” are not defined in MGL and thus are technically open to interpretation by the AG. Her two tests to determine copy and duplicate don’t hold MGL backing, but can still be used by her to bring charges for complete firearms.

Those charges are unlikely to happen, but there is more inherent risk for the buyer than you.

 

[Da_lucche]

His “dead meat” comment isn’t accurate. However, he does have a point that you hold less liability than those building rifles.
1. You don’t hold any liability because you are not transferring firearms, by actual text of the MGL. That part of her decree is easily ignored as it is in contravention of MGL and there is no gray area.

2. The buyer then builds an AR, which becomes a firearm. According to traditional reading of MGL and the opinion of the ATF, it is not an assault weapon as long as it meets feature limits. However, “copy” and “duplicate” are not defined in MGL and thus are technically open to interpretation by the AG. Her two tests to determine copy and duplicate don’t hold MGL backing, but can still be used by her to bring charges for complete firearms.

Those charges are unlikely to happen, but there is more inherent risk for the buyer than you.

FFLs hold more or all liability over individuals with the "may issue" sitch.

Crackpot sums it up nicely here.

The re-interpretation of what is an AW with her interoperability tests and similarity tests is her pretending to be the ATF but throwing out 22 years of precedent. It means nothing unless we let it. BUT a dealer has a "may issue" license. So there are very straight forward scenarios where a dealer will lose their license related to this new Healey crap. That is why you are unlikely to see a dealer sell an AR outright that is post 13 sep 1994.

Individuals on the other hand require criminal prosecution and that bar is very high compared to the "may issue" dealer license. Healey does not pass muster in any reasonable court of law (which we dont have in MA). So most people are willing to take that risk and move on with their lives. We all "want" a criminal prosecution because it will establish case law that the civil actions taken against Healey cant. But no DA will prosecute because the risk of case law favorable to us is too high and the status quo of fear and people spreading fear is a far better result.