USAS-12 shotgun, MA legal?

[hminsky]

http://www.gunbroker.com/Auction/ViewItem.asp?Item=80488470

Anyone know if this is legal in MA? It says it's classified as a class 3 device, though this one doesn't appear to be fully automatic.

 

[drgrant]

You'd have to call a C3 dealer and ask them if MA will
allow DD registration. I haven't seen anything prohibiting
it offhand. According to this MA is a "Y" for DD's.

http://www.mp5.net/info/sbsconr.htm

Edit: FWIW it doesn't matter if it's FA or not, it's because
its a semiautomatic shotgun that holds more than 10 rounds
that makes it a DD. It triggers the extremely gay "sporting purposes"
restriction.

-Mike

 

[hminsky]

I cannot afford it unfortunately. Would be funny to pull it out at the trap shooting range though.

 

[drgrant]

I cannot afford it unfortunately. Would be funny to pull it out at the trap shooting range though.

I think that would be classic, especially if you showed up, at say,
John Rosenthal's club with it, while he was there. Might make
him pass out and/or wet his pants with fear.

-Mike

 

[Rob Boudrie]

Edit: FWIW it doesn't matter if it's FA or not, it's because
its a semiautomatic shotgun that holds more than 10 rounds
that makes it a DD. It triggers the extremely gay "sporting purposes"
restriction.

It's a DD because the BATF ruled it to be not particularly suitable for sporting purposes, and has a bore diameter over .5:". There is no specific law making a > 10 round shotgun a DD - and I'm not even sure the Streetsweeper meets the definition you postulate (being a revolver and all).

 

[drgrant]

It's a DD because the BATF ruled it to be not particularly suitable for sporting purposes, and has a bore diameter over .5:". There is no specific law making a > 10 round shotgun a DD - and I'm not even sure the Streetsweeper meets the definition you postulate (being a revolver and all).

There is no specific law but it's long been a BATFE
determination that having more than 10 rounds is a prime
factor in terms of it not having a "sporting purpose".

This is why the Saiga-12 is not a DD (it's only seen with 10
round mags or less, typically) but the SS, Striker, USAS,
etc are DD's. )

I know it's bogus, but it's the along the same lines of the dumbass
BATFE determination that a shoestring is a machinegun. They've
been giving too much latitude in terms of making legal determinations,
and this is just another one of those abuses of power.


-Mike

 

[Ripach]

IANAL but IIRC doesn't the MA AWB restrict semi auto shotguns to 5 rounds. Unless of course it is pre 1994.

 

[Len-2A Training]

IANAL but IIRC doesn't the MA AWB restrict semi auto shotguns to 5 rounds. Unless of course it is pre 1994.

You are correct, per MGLs Ch. 140 S. 121 (definitions). This effects the possession of a 10 rd shotgun mag, but not the gun itself.

 

[EasyD]

As to why the Streetsweeper/Striker-12/USAS-12 are considered "non-sporting":

Anyone really interested in this stuff should go read about WHY this ruling was made, and read the actual ruling itself. It was at the request of Clinton-era (ruling was from 1994) Brady Bunch moonbats. They requested that the above guns, along with the Mossberg 500 Bullpup be classified as DDs. The Mossberg 500 was not declared a DD, and the others where, because of one simple reason.

Its not possible to LIMIT the capacity of them. Federal law doesn't define "sporting purposes", but it does establish rules for hunting on Federal land. That law requires that shotguns be limited to 3 rounds. There is no good way to limit the revolver-type guns to 3 rounds, and Gilbert/Daewoo never made or sold a small mag for the USAS. The Mossberg used a normal 500 mag tube, which is easily limited.

A good reason the Saiga 12 won't become a DD is because 2 round (+1 in the gun) mags are available.

As to the legality of USAS-12s in MA:

No problem! Only thing to keep in mind is that even your average Class 3 dealer can't transfer them. ATF requires that dealers of DDs have a Type 9, 10 or 11 FFL. Usually NFA branch will process the transfers from non-DD FFLs, as they will all be tax paid, but the next compliance inspection will get the FFL in hot water. Ask me how I know!

As far as DD vs MG: MG trumps all, including caliber. A Mk19 40mm grenade launcher is a MG. If anyone made one, and I'm sure there are a few, an approved by FTB, semi-auto only Mk19, it would be a DD.

--EasyD

 

[John2]

I recall Sen Diane Fienstein had her fingers in this pie. She couldn't get them banned outright, so just made them difficult to own. Probably weren't imported by her husband, so were "Destructive Devices".