Smith and Weston m&p 15 with fid?

[Jpdyer]

I really like the gun and being under the age of 21 I know I can not own a rifle with more than a 10 round mag but the smith and Weston has a 10 round mag not sure if I can own it please help

 

[M1911]

Nope. Even with a 10-round magazine, that gun is large capacity. You need an LTC to own one.

 

[Stryker]

No the rifle has to be non high capacity to own with an FID - SKS, Garand,etc -

 

[transamkid86]

Is there "high capacity" rifles now-a-days lol....we are only allowed 10 rounds crappy state we are in

 

[M1911]

Is there "high capacity" rifles now-a-days lol....we are only allowed 10 rounds crappy state we are in

Read the law. And I don't know that I would refer to this as "now-a-days", since this has been in effect since 1998.

The section in particular is MGL Chapter 140 Section 121, which reads, in part:

''Large capacity weapon'', any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; (iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm and more than five shotgun shells in the case of a shotgun or firearm; or (iv) that is an assault weapon. The term ''large capacity weapon'' shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, rifle or shotgun and shall not include: (i) any weapon that was manufactured in or prior to the year 1899; (ii) any weapon that operates by manual bolt, pump, lever or slide action; (iii) any weapon that is a single-shot weapon; (iv) any weapon that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity weapon; or (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity weapon.

Full text here: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121

 

[J.A.C]

Is this thread destined to deliver, get locked or a double whammy of both???

 

[M1911]

Is this thread destined to deliver, get locked or a double whammy of both???

Get closed. The question was asked and answered.

 

[jasons]

Well......

The S&W M&P 15 is not on the large capacity firearms roster: http://www.mass.gov/eopss/docs/chsb/firearms/large-capacity-roster-06-2011.pdf

However, we know that the roster is not all inclusive. The roster itself says "Weapons not listed on this roster may also be large capacity weapons if they are semi-automatic and are capable of accepting or readily modifiable to accept a large capacity feeding device." It further states that "Definitions of ‘capable of accepting’ and ‘readily modifiable to accept’ are defined in 501 CMR 7.02"

So what does 501 CMR 7.02 have to say? Here you go:

"Capable of Accepting a Large Capacity Feeding Device means any firearm, rifle or shotgun in which a large capacity feeding device, as defined by M.G.L. c. 140, section 121, is capable of being used without alteration of the weapon, provided, however, that said feeding device is fully or partially inserted into the weapon or attached thereto, or is under the direct control of a person who also has direct control of a weapon capable of accepting said feeding device." (Emphasis mine.)

"Readily Modifiable to Accept a Large Capacity Feeding Device means any firearm, rifle or shotgun immediately capable of being altered so as to accept a large capacity feeding device as defined in M.G.L c. 140, section 121; provided, however, that said feeding device is fully or partially inserted into the weapon or attached thereto, or is under the direct control of a person who also has direct control of a weapon capable of accepting said feeding device." (Emphasis mine.)

To me, this means that a rifle that is capable of accepting a large capacity feeding device may or may not actually be a large capacity weapon depending on whether or not it actually has a large capacity feeding device in / on / near it. In fact this is the "loophole" that many use to justify the non-large capacity status of other guns that have large capacity detachable feeding devices available (think 10/22s, mini-14s, etc.)

In summary, an argument could be made that certain "off list" AR-style rifles, like the M&P 15 for example, could be considered non large capacity based on the definitions in the CMR. Of course you'd want a really good (and likely expensive) lawyer to make that argument.


(EDIT: I didn't realize that I was replying to a locked thread. Sorry about that.)