What's the law on the HK91 in MA?

[lagrangian]

One of my relatives is terminally ill with cancer (might be a year, might be 5+ years -- here's hoping for the latter!). He has a few interesting guns he's planning to will to me when the time comes (though he might just gift them ahead of that, which as we know from other threads might not be the best thing re: MA insanity). This is one of the reasons I went for my LTC-A and behind some of the questions I've been asking re: transfer and possession issues.

Anyhow, alongside his great-grandfather's 20-gauge single barrel shotgun (which is pretty cool, at least to me ), he has an HK91 that looks in very nice shape (along with a few mags, a fitted carrying bag, etc.)

So my questions are is this something that I can legally own in MA (does it get zapped by the "assault weapon" ban, for example)? Does my ability to legally own it depend on getting it by inheritance vs. by gift? And are there any laws on the horizon with a decent chance of getting passed that would prevent me from owning it?

Thanks!

 

[Len-2A Training]

Sorry to hear about the circumstances and I wish your relative well.

My crystal ball is out for calibration, so no predictions for the near or distant future! [lol]

If it is pre-ban and you have a LTC of any flavor you are good to go.

If it is "no ban" you can't have it in MA!

Only difference in gifting vs. inheritance (for long guns) is that NO FFL is needed for inheritance, even across the state lines. Only an FA-10 need be filled out as "registration". In state gift would be the same deal on anything legal to possess (assuming both of you have licenses).

Handguns are a real can of worms: Basically if the handguns are old and not in MA, you can't legally get them as a gift since the MA FFL is prohibited from doing the transfer unless they are on the EOPS list (and no old guns are or ever will be on that list). Inheritance bypasses this problem, as long as you do NOT involve any FFLs. Some people/PDs tell folks to always use FFLs even on inheritance, but that adds unnecessary cost and forbids most handguns!

 

[lagrangian]

I was under the impression (which, admittedly was obtained from some quick surfing of Hechler & Koch "fan" sites) that HK91 importation ceased in 1989. Therefore, wouldn't the gun have to be pre-ban by definition? (Unlike the 1998 handgun stuff, doesn't the 1994 AW ban only say that the AW had to have existed anywhere on the effective date of the ban, as opposed to having to have been in-state on the date of the ban?)

 

[Len-2A Training]

H&K 91s aren't my forte, so I have no idea when they were made or imported.

The MA AWB doesn't care where a mag or gun was located, as long as it was made prior to 9/13/94 it is legal to possess with proper permit.

ONLY handguns have that "in state" on 10/21/98 restriction (to be grandfathered).

 

[sickone777]

so what you are saying is that any gun made prior to 1998
whether in state or not is legal to own?like if gun x were located in florida
prior to 98 or made prior to 98 its legal to ship here or tranfer here

 

[Len-2A Training]

So-called AWBs were NEVER BANNED in MA. They simply made it illegal to possess/buy/convert "new ones".

There were a few (handful) of guns that were made totally illegal to possess in MA by the 1998 law, but the H&K 91 was not one of them. I don't recall precisely what was on that short list, so I'll not attempt to tell you what was on the list.

With the level of questions that you are asking, it might be best for you to pick up a copy of Chief Ron Glidden's book "Law Enforcement Guide to Firearms Law". Cost is $45 and it is available from the Municipal Police Institute http://www.masschiefs.org/MPI/Manuals/reading_materials.html

Reading that book will give you answers to all your questions, in clear English . . . he wrote it so that the average street officer could understand the law. That is my primary resource for answering your questions and those asked by others.

 

[lagrangian]

With the level of questions that you are asking, it might be best for you to pick up a copy of Chief Ron Glidden's book "Law Enforcement Guide to Firearms Law". Cost is $45 and it is available from the Municipal Police Institute http://www.masschiefs.org/MPI/Manuals/reading_materials.html

You must be psychic! My next question was (really!) going to be "so, how does one get a copy of Glidden's book?"

Thanks!

 

[Len-2A Training]

With the level of questions that you are asking, it might be best for you to pick up a copy of Chief Ron Glidden's book "Law Enforcement Guide to Firearms Law". Cost is $45 and it is available from the Municipal Police Institute http://www.masschiefs.org/MPI/Manuals/reading_materials.html

You must be psychic! My next question was (really!) going to be "so, how does one get a copy of Glidden's book?"

Thanks!

You're welcome.

Not psychic, but he is the one (only) real authority on the MA gun laws. I used to sell the books for Ron until he cut his deal with MPI. They now own the exclusive rights to print and sell all of them.