What happened to the old definition of "assault" rifle in MGL Chapter 140?

wheelgun

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Chapter 140 used to say that a rifle was not considered an "assault rifle" unless it has more than two of the "evil" features, pistol grip, bayonet lug, adjustable stock, etc. I wanted to review that wording in light of the recent crackdown by Healey, but to my surprise it appears they changed it? How can they change MGL without formal proceedings? My understanding was that Healey changed the interpretation of the law, not the actual wording.

I was expecting to find this:


"(B) a semiautomatic rifle that has an ability to accept a detachable magazine and 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 bayonet mount;
`(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
`(v) a grenade launcher;"


But instead, I see this, no mention of <=2 evil features exemption.

''Assault weapon'', shall have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994, and shall include, but not be limited to, any of the weapons, or copies or duplicates of the weapons, of any caliber, known as: (i) Avtomat Kalashnikov (AK) (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC?70); (iv) Colt AR?15; (v) Fabrique National FN/FAL, FN/LAR and FNC; (vi) SWD M?10, M?11, M?11/9 and M?12; (vi) Steyr AUG; (vii) INTRATEC TEC?9, TEC?DC9 and TEC?22; and (viii) revolving cylinder shotguns, such as, or similar to, the Street Sweeper and Striker 12; provided, however, that the term assault weapon shall not include: (i) any of the weapons, or replicas or duplicates of such weapons, specified in appendix A to 18 U.S.C. section 922 as appearing in such appendix on September 13, 1994, as such weapons were manufactured on October 1, 1993; (ii) any weapon that is operated by manual bolt, pump, lever or slide action; (iii) any weapon that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated a semiautomatic assault weapon; (iv) any weapon that was manufactured prior to the year 1899; (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 assault weapon; (vi) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; or (vii) any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.

?????

Am I confused and it's always been this way?
 
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Yes, you are confused. It has always been written that way(since 1998, I think). It has only recently been reinterpreted, but the words haven't changed.
 
So if Chapter 140 always read as it does today, why does it state in this "AWB FAQ" (the second sticky post at the top of this forum) that the AWB doesn't apply in Mass if you have < 2 evil features?

http://northeastshooters.com/vbulletin/threads/157704-MA-Assault-Weapons-Ban-quot-AWB-quot-FAQ

The "Assault Weapons" ban in MA did not expire in 2004, and a "cosmetic" bill was filed, passed, and then signed into law by romney (although it is arguable that such an extension was unecessary anyways, as the MA AWB had no sunset clause written into it to begin with. ).

How so called "Assault Weapons" are defined by the law:

Rifles:
(B) a semiautomatic rifle that has an ability to accept a detachable magazine and 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 bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;
 
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So if Chapter 140 always read as it does today, why does it state in this "AWB FAQ" (the second sticky post at the top of this forum) that the AWB doesn't apply in Mass if you have <= 2 evil features?

http://northeastshooters.com/vbulletin/threads/157704-MA-Assault-Weapons-Ban-quot-AWB-quot-FAQ

The "Assault Weapons" ban in MA did not expire in 2004, and a "cosmetic" bill was filed, passed, and then signed into law by romney (although it is arguable that such an extension was unecessary anyways, as the MA AWB had no sunset clause written into it to begin with. ).

How so called "Assault Weapons" are defined by the law:

Rifles:
(B) a semiautomatic rifle that has an ability to accept a detachable magazine and 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 bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;

Because that was the cliffs notes version of the law, and the common understanding of what was needed to comply. That verbage exists somewhere if you look hard enough.
 
Because that was the cliffs notes version of the law, and the common understanding of what was needed to comply. That verbage exists somewhere if you look hard enough.

The c. 140 definition accomplishes that by directing the reader to the federal statute in effect on 30 sep 1994.

shall have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994
 
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