Question about LEO exception to MA AWB on Shotguns

[Tiktock]

Hello,
I live in NH and have a Saiga 12 in converted format. It is non-copliant with the MA AWB as it has a pistol grip and detachable magazines.

Here is that relevant text:

"a semiautomatic shotgun that has at least 2 of--"
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.'“

There is a LEO exception, of course:
"The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.”

Now for my question: What exactly does that LEO mean? It sounds like a cop can own one specifically to use on the job and can keep it once he retires, if he had one.

1. Can a LEO simply buy one, claim its for work, and all is OK?
2. Can a MA cop have one transferred to him personally across state lines under this exception? (I live in NH, buyer is LEO in MA)
3. If the gun can be transferred from NH to MA to a LEO under this exception, how does one confirm their employment? Must a shop do the transfer?

Basically I live in NH and have a MA LEO interested in a non-compliant Saiga shotgun I'm selling and I want to know if there is even a legal way to do this sale or if it is wholly prohibited. I have zero interest taking on any liability or fuzziness with MA laws. I moved out of that state for a reason

 

[Len-2A Training]

FTF transactions between 2 people who do not live in the same state are a Federal Felony, period. All such transfers must be done at an FFL (handguns only at FFL in new owner's state).

You probably won't find too many NH FFLs willing to do the transfer and I'm not sure how many MA FFLs that would be willing either. Also for you to transport it into MA would be a felony, so the LEO would have to accompany you across the border into MA.

It's probably not worth the hassle.

 

[Miamivice]

Perfectly legal for him to own/posses here. See above post for how the sale must happen

Sent from my SAMSUNG-SM-G930A using Tapatalk

 

[In God We Trust]

Perfectly legal for him to own/posses here. See above post for how the sale must happen

Sent from my SAMSUNG-SM-G930A using Tapatalk

What he said. As an LEO, you are no longer subject to the MA AWB. Period.

It would be much easier for said LEO to just buy what he wants in NH and transfer via FA10 once home. Or find an LEO friendly shop in MA

 

[drgrant]

Hello,
I live in NH and have a Saiga 12 in converted format. It is non-copliant with the MA AWB as it has a pistol grip and detachable magazines.

Here is that relevant text:

"a semiautomatic shotgun that has at least 2 of--"
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.'“

There is a LEO exception, of course:
"The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.”

Now for my question: What exactly does that LEO mean? It sounds like a cop can own one specifically to use on the job and can keep it once he retires, if he had one.

1. Can a LEO simply buy one, claim its for work, and all is OK?
2. Can a MA cop have one transferred to him personally across state lines under this exception? (I live in NH, buyer is LEO in MA)
3. If the gun can be transferred from NH to MA to a LEO under this exception, how does one confirm their employment? Must a shop do the transfer?

Basically I live in NH and have a MA LEO interested in a non-compliant Saiga shotgun I'm selling and I want to know if there is even a legal way to do this sale or if it is wholly prohibited. I have zero interest taking on any liability or fuzziness with MA laws. I moved out of that state for a reason

None of this matters because it has to go through a dealer anyways. Not your problem.

 

[TomMalthus]

Hello,
I live in NH and have a Saiga 12 in converted format. It is non-copliant with the MA AWB as it has a pistol grip and detachable magazines.

Here is that relevant text:

"a semiautomatic shotgun that has at least 2 of--"
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.'“

There is a LEO exception, of course:
"The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.”

Now for my question: What exactly does that LEO mean? It sounds like a cop can own one specifically to use on the job and can keep it once he retires, if he had one.

1. Can a LEO simply buy one, claim its for work, and all is OK?
2. Can a MA cop have one transferred to him personally across state lines under this exception? (I live in NH, buyer is LEO in MA)
3. If the gun can be transferred from NH to MA to a LEO under this exception, how does one confirm their employment? Must a shop do the transfer?

Basically I live in NH and have a MA LEO interested in a non-compliant Saiga shotgun I'm selling and I want to know if there is even a legal way to do this sale or if it is wholly prohibited. I have zero interest taking on any liability or fuzziness with MA laws. I moved out of that state for a reason

IANAL, but I believe you are quoting an older version of the MA AWB. From section (i), the "for purposes of law enforcement" has been struck (In August of 2014, I believe).