What is "pre-ban" "post-ban" etc.

[CooperS7777]

Ive done alot of reading in posts regarding laws, sales etc. But for the life of me, cannot figure out EXACTLY what pre-ban is.

Ive determined it has something to do with magazine capacity, reciever style in LRs(?) etc. It also seems more pertinant to MA residents (from what I can tell) But cannot find any laws/write ups/explanations.

I have tried to search, and found nothing terribly usefull. I hope Im not missing this somewhere and making a useless newb post.

Thanks in advance,

Ryan

 

[nanerclip]

You being in NH, it doesn't really matter... unless there is a new ban.

Pre-ban refers to anything made before the Clinton AWB in '94; everything made after is considered "post-ban".

In free states, everything is now "no ban".

 

[CooperS7777]

So magazine capacities etc arent limited in NH in weapons like the AK, AR etc, like they are in MA (IE 30 rd mags are ok?). Sorry again for the newb questions!

 

[nanerclip]

Oops, I forgot to mention in my original post that the 1994 AWB sunset in 2004... which is why, in free states (like NH), there is "no ban". So features like no mag cap limit, bayo lug, folding stock, etc are perfectly legal on current manufacture products (for now) and have been since Sept. 2004.

 

[MFP4073]

So magazine capacities etc arent limited in NH in firearms like the AK, AR etc, like they are in MA (IE 30 rd mags are ok?). Sorry again for the newb questions!

Fixed it for ya...

 

[CooperS7777]

Im usually good about things like that too! And thanks for the info naner!

 

[nanerclip]

If you need mags...
http://www.44mag.com/products.asp?dept=1326
A decent overview of some of the cool stuff you can get in free states...
http://www.atlanticfirearms.com/beta/

If you plan on buying something, buy now before Obama reinstates the old Fed AWB.

 

[jdubois]

So magazine capacities etc arent limited in NH in weapons like the AK, AR etc, like they are in MA (IE 30 rd mags are ok?).

Correct. You don't have to worry about pre-ban/post-ban nonsense in your state. But it's something to be aware of it if you plan on bringing such rifles or magazines into MA or other ban states.

Pre-ban/Post-ban usually refers to the date an 'assault weapon' or 'large capacity feeding device' was manufactured. Sept 13, 1994 is the cut off date. If the gun was considered an 'assault weapon' on Sept 13, 1994 and it was legally owned, it is "pre-ban" and grandfathered, so not subject to the ban. Otherwise it is "post-ban" and is illegal to possess (unless you're LEO or dealer).

However, Pre-ban/Post-ban also sometimes refers to the configuration of the rifle (or AR upper). If it has the two prerequisite features (semi-auto & detachable mags) and has at least two of the 'evil' features (bayo lug, pistol grip, flash hider/threaded barrel, collapsible stock, grenade launcher) it is said to be in "pre-ban" or "no-ban" configuration (i.e. it's no good for ban states). If it does not have those features it is said to be in "post-ban" configuration (i.e. it's ok for ban states).

 

[Len-2A Training]

Just be aware that it IS an ISSUE (felony) if you bring those non-ban items across the state line into MA (unless transversing the state with no unnecessary stops per FOPA).

 

[CooperS7777]

Excellent info, thanks guys! This helps explain everything, and though I dont yet have an AR, Ive picked up a few magazines - for when the time comes.

LenS - on that subject. Ive looked at the Mass laws but havent found an answer to this either. If Im traveling through Mass from NH - what must I do with my CC upon entering Mass? Is unloading it and seperating the mag sufficient, must it be locked, does it need to stay at home?

 

[Len-2A Training]

You can only bring a handgun into MA legally w/o a MA LTC (NR) if you are LEO OR traveling THRU MA!

According to a "great debate" between jdubois and myself . . . and a subsequent query to a firearms attorney, it appears NOT to be legal to bring a handgun into MA under any other circumstances (the attorney stated that it was a "gray area" and best not to be a test case).

Traveling THRU MA falls under the Fed Law (aka FOPA) and you must then follow the FOPA law requirements. Must be in a locked case, unloaded, ammo stored separately while in any state where you can't legally carry under that state's laws.

 

[jdubois]

Ive looked at the Mass laws but havent found an answer to this either. If Im traveling through Mass from NH - what must I do with my CC upon entering Mass? Is unloading it and seperating the mag sufficient, must it be locked, does it need to stay at home?

If you don't have a MA non-res LTC, you need to leave it at home unless you are in MA for a competition. However, if you are only traveling through MA and wish to be protected by the federal Safe Passage law (18 USC 44 § 926A), you need to be traveling to a destination where it is legal for you to possess the gun, and you need to have the gun unloaded and both gun an ammunition are in a locked trunk (or a locked container, not including glove compartment or console, if your vehicle has no trunk).

 

[jdubois]

According to a "great debate" between jdubois and myself . . .

Nobody I'd rather have a debate with, Len. You hold up your side with great skill . Actually, drgrant ain't bad at debating either. You guys make it much more fun (and educational) than if nobody questioned my wannabe lawyer ramblings.

it appears NOT to be legal to bring a handgun into MA under any other circumstances (the attorney stated that it was a "gray area" and best not to be a test case).

Don't forget the 'competition' exception (C 140 § 131G). Still a gray area if that includes large capacity handguns though.

 

[CooperS7777]

So, having read most of the LTC threads about mass, it would be safe to venture a guess that a non-res NR LTC would be difficult for me to get?

 

[Len-2A Training]

Not difficult at all, just time consuming and expensive. Typically NRs get LTC-A/No restrictions much easier than many residents.

 

[jdubois]

So, having read most of the LTC threads about mass, it would be safe to venture a guess that a non-res NR LTC would be difficult for me to get?

They're actually often easier than a resident permit. Go figure. They're $100/year though . You have to contact the Firearms Record Bureau at (617) 660-4780.

 

[bostonasphalt2]

Excellent info, thanks guys! This helps explain everything, and though I dont yet have an AR, Ive picked up a few magazines - for when the time comes.

LenS - on that subject. Ive looked at the Mass laws but havent found an answer to this either. If Im traveling through Mass from NH - what must I do with my CC upon entering Mass? Is unloading it and seperating the mag sufficient, must it be locked, does it need to stay at home?

FOPA requires your CC be unloaded and locked up to satisfy the law. Be careful driving through MA, the state police are thugs, dont know a damned thing about law and will make someone's life a living hell just because they think they can.

Did I also mention that I think the MSP is a bunch of thugs THe number of times Ive beaten them in court for tickets has been fantastic though

 

[CooperS7777]

FOPA requires your CC be unloaded and locked up to satisfy the law. Be careful driving through MA, the state police are thugs, dont know a damned thing about law and will make someone's life a living hell just because they think they can.

Did I also mention that I think the MSP is a bunch of thugs THe number of times Ive beaten them in court for tickets has been fantastic though

I have a good friend on MSP who has told me the same thing countless times. He always warns to be careful down there with the MSP and to give him a ring if I needed any help - which Ive yet to cash in on, but its always good to have a "get out of jail free" card in your back pocket!

On the CC note, Im still debating the worth of the 100 dollars a year its kind of hard to justify. Though I do frequent the USCG station in Boston, and have a few friends in Billerica and Rutland...