Purchasing out of state non-compliant AR upper.

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I am looking to purchase (from out of state) a non-compliant complete upper for an AR. By non compliant I mean it has a threaded flash suppressor, bayonet lug and 28 rd mag. (this is a Chiappa 22 M4 conversion, but want to expand the conversation to any caliber or set up)

my intention is to make it compliant prior to mating it with my lower.

my question is: is it legal in MA to import and/or own non compliant components even if they are not part of firearm, I.e. Mated to a lower? (Semi-auto only, not full-auto)

Excersize your rights, often.
MAdness
 
I'm not a lawyer, and I live in CT not MA, so take this with the proverbial grain of salt please.

The only part of an AR that's defined as a firearm is the lower, (note the serial number on all produced - 80%'s are paper-weights). Here in CT, when we had to register our "assault weapons", being compliant meant that my box-stock S&W MP-15 had to be registered, my poly lower with a dedicated .22 upper had to be registered, and my stripped poly lower had to be registered. By law, they're all considered firearms, and had to go through FFL at purchase/transfer time.

Once my dedicated .22 upper was mounted to the poly lower, the assembled firearm as a unit had to meet criteria, (no bayonet lug, no removable suppressor, etc) -- but until that upper was assembled onto the lower, the upper was just "parts". The upper was shipped directly to me from the manufacturer, and before I bolted it to the lower, I had to make it CT legal with some grinding/welding, etc. The lower is the firearm, even when it's stripped.
 
I am looking to purchase (from out of state) a non-compliant complete upper for an AR. By non compliant I mean it has a threaded flash suppressor, bayonet lug and 28 rd mag. (this is a Chiappa 22 M4 conversion, but want to expand the conversation to any caliber or set up)

my intention is to make it compliant prior to mating it with my lower.

my question is: is it legal in MA to import and/or own non compliant components even if they are not part of firearm, I.e. Mated to a lower? (Semi-auto only, not full-auto)

Excersize your rights, often.
MAdness

Perfectly legal. Two options. One- ship to FFL and have them make the mods. Two- take possesion directly and modify yourself.

If you're worried about "constructive intent" being an issue then choose option one.

Sent from the depths of Hell using TapaTalk
 
I am looking to purchase (from out of state) a non-compliant complete upper for an AR. By non compliant I mean it has a threaded flash suppressor, bayonet lug and 28 rd mag. (this is a Chiappa 22 M4 conversion, but want to expand the conversation to any caliber or set up)

my intention is to make it compliant prior to mating it with my lower.

my question is: is it legal in MA to import and/or own non compliant components even if they are not part of firearm, I.e. Mated to a lower? (Semi-auto only, not full-auto)

Excersize your rights, often.
MAdness

the upper is not regulated and it not considered a firearm by itself. So it doesn't matter if it comes with a flash hider or a muzzle not perm pinned or bayo lug.

if you care about conforming to the AWB, then make sure you within the 2 "evil parts" policy (whether it's putting on a muzzle brake and removing the lug) before attaching it to a lower.
 
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In the case of a Chiappa M4 upper it is not preban. Which leads to the next question, can you modify (legally) a mag to accept only 10 rds to be compliant. ( maybe this is for another thread)
 
In the case of a Chiappa M4 upper it is not preban. Which leads to the next question, can you modify (legally) a mag to accept only 10 rds to be compliant. ( maybe this is for another thread)

They may replace the mag with a 10 rounder or none at all.
 
In the case of a Chiappa M4 upper it is not preban. Which leads to the next question, can you modify (legally) a mag to accept only 10 rds to be compliant. ( maybe this is for another thread)

This has been asked numerous times before and the only answer is "nobody knows for sure". If it came to a cop's attention and he wanted to be badass, he'd likely arrest based on the markings/window showing x rds possible and let the courts sort it out.

I'd personally avoid the mag problem.
 
Do you have a complete lower in your possession in Mass? You don't want that and a non compliant upper both in Mass. In that case get the upper fixed before you bring it home.
 
Do you have a complete lower in your possession in Mass? You don't want that and a non compliant upper both in Mass. In that case get the upper fixed before you bring it home.

You are describing constructive intent.

Lets take it one step farther. If the buyer owns one machine gun, SBR, or pre-ban lower, then the constructive intent theory goes out the window. With that said, I've not heard of anyone ever being arrested and prosecuted for the presence of an upper with pre-ban features in the presence of a completed post ban AR. It hasn't happened in CT. I don't know about MA.

With respect to mags. S&W makes M&P 15/22 27 round mags into 10 round mags with the addition of a simple roll pin. I can push it out with a punch and a drill. Easy.

Conversely, a properly placed draw rivet will make a mag legitimately a 10 round mag and can be more difficult to defeat than the S&W roll pin. But as len has said, you still have the 30 round markings. None of this has ever been adjudicated, so it really comes down to your risk tolerance. I've got piles of post ban high cap mags at my home in CT, that will probably never make it to MA, even though I have some credentials that make it legal for me to possess here. Its just not worth the hassle.

Besides, frankly, when practicing, I rarely put more than 5 rounds in a mag anyway. I like the practice doing mag changes.

Don
 
Depending on the vendor they might not send it to you anyway once they see your from mass.
I tried ordering the chiappa M4 upper from a few vendors when they had some great prices.
The declined to ship to mass because of the 28rd mag and both refused to separate the mag from the upper. O well they had a price on the chiappa I was willing to pay. I later learned the chiappa is a polymer upper and in the end not what I really wanted. I ended up with a tactical solutions upper instead. I have seen a few vendors who list the chiappa M4 as FFL only. I can't figure out why.
O well. Hope it works for you.
 
This is where the PO box in NH and its companion credit card with the billing address of the PO box comes into play.

Remember, its perfectly legal to bring anything into MA as long as you can legally possess it in MA. In which case, I'd probably give the mag to the guy in the post office parking lot with the NRA sticker on his truck.


Don
 
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