Swept my House This Afternoon - False Alarm

If I get that knock on the door at midnight or hear an uninvited intruder, rest assured I will respond with appropriate force. And I am smart enough not to publicize my plan on a public forum. [wink]

Chris

Get everyone in the safe room, and flip the switches to your hidden claymores simultaneously? [laugh]

The lower most likely doesn't have to be locked up, the empty shell casing definitely does. Gotta love Mass.

Wait, what?

Sarcasm...gotcha. [wink]
 
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The lower most likely doesn't have to be locked up, the empty shell casing definitely does. Gotta love Mass.

I don't know about that, I'm pretty sure it's consider a weapon and needs to be locked up. I know I needed to fill out all the forms and have it shipped to an FFL in order to transfer it. The shell casing definitely needs to be properly stored to keep everyone safe.
 
I don't know about that, I'm pretty sure it's consider a weapon and needs to be locked up. I know I needed to fill out all the forms and have it shipped to an FFL in order to transfer it...

GSG is right.

A frame or receiver is a "firearm" under Federal law, which is why it requires a FFL and 4473 for interstate transfer...

18 USC 921(a)(3) said:
The term “firearm” means
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;

...but under MA law, a frame or receiver is not considered a "weapon" until it's functional (i.e. with a barrel and "capable of discharging a shot or bullet")...

MGL 140-121 said:
“Firearm”, a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun...

“Rifle”, a weapon having a rifled bore with a barrel length equal to or greater than 16 inches and capable of discharging a shot or bullet...

“Shotgun”, a weapon having a smooth bore with a barrel length equal to or greater than 18 inches with an overall length equal to or greater than 26 inches, and capable of discharging a shot or bullet...
 
GSG is right.

A frame or receiver is a "firearm" under Federal law, which is why it requires a FFL and 4473 for interstate transfer...



...but under MA law, a frame or receiver is not considered a "weapon" until it's functional (i.e. with a barrel and "capable of discharging a shot or bullet")...


Nice, thanks for pulling that out. I actually do have it sitting on my desk (properly secured of course, just in case)
 
I am certain that 90% of all LEOs and 99+% of all DAs do NOT know that subtle distinction between a gun in MGL and in Fed Law. I would expect them to prosecute based on seeing a frame unsecured in a house/office. I know of cases where LEOs wanted to prosecute for "unsecured ammo". In the cases I know about they were "educated" and probably didn't do anything foolish . . . but I wonder about many others who don't ask first before filing charges.
 
In addition NRA REQUIRES that a competent firearms attorney or competent LEO teach the legal portion of the class (not the NRA Instructor, unless said instructor meets those credentials).

I didn't know that, I think that's a great idea. I stand by my assessment of the guy with the Matrix avatar though. [grin]

Wait, what?

Sarcasm...gotcha. [wink]

No, that isn't sarcasm. Your ammo must be secured, which includes components, see 527 CMR 13.04(1)(e).

GSG is right.

A frame or receiver is a "firearm" under Federal law, which is why it requires a FFL and 4473 for interstate transfer...



...but under MA law, a frame or receiver is not considered a "weapon" until it's functional (i.e. with a barrel and "capable of discharging a shot or bullet")...

This. I said "probably" because of what LenS said and because there's some caselaw that could sway the storage requirement either way when it comes to non-operational guns.

In the cases I know about they were "educated" and probably didn't do anything foolish . . . but I wonder about many others who don't ask first before filing charges.

I'd imagine there's at least a few based on some of the cases I've read. It's not hard to get confused about MGL.
 
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