Boston "Assault Weapons Ban" ... n00b content

Yeah Lens, I saw that you do those seminars, I have your website bookmarked for when I get back this summer, I'll definitely be attending. Thanks for your response too. I guess a good lawyer could argue that a 7.62 is not substantially identical to a 5.56, Not sure if I'll take the risk though.

Fiance owes me big time for having to put up with all this bullshit nonsense.
 
So here's a question: The Remington 1100 Tac 4 holds holds 8 rounds of 12 gauge in its magazine tube. It would seem to be prohibited in Boston for being assault weapon by:

(i) any other shotgun with a fixed magazine, cylinder, drum or tube capacity exceeding six rounds; and

...but,

(2) "Assault weapon" shall not include:
(k) a rifle or shotgun which cannot employ a detachable magazine or ammunition belt with a capacity greater than ten rounds;

It certainly can't accept a detachable magazine. How should I read this? Is it banned, or not?
 
IANAL, but I think that tube would be the only thing that is strictly banned in Boston. The normal 1100 holds 4 (right)? So switch it out for that one and you should be good?
 
If I can only have 4, I'll just get the regular 1100 and save some cash. But I'd prefer the extra capacity, even though I still can't keep it loaded in my vehicle (boo).
 
LoginName said:
In the city of Boston, it shall be unlawful to sell, rent, lease, possess, purchase, barter, display, or transfer any part or combination of parts, designed or intended to convert a rifle or shotgun into an assault weapon, or any combination of parts from which an assault weapon may be readily assembled if these parts are in the possession or under the control of the same person.
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So I can buy a AK-47 parts kit and everything but the barrel and be good to go? I think I want to get in on the AK receiver buy before things get worse.
 
Best to talk to Goal. I believe Boston does not consider possession and ownership as the same, soo you can own the Multimatch but I believe it can never enter the confines of the shitty city Of Boston...I heard others store their "assault rifles" at properly licensed friend's houses in gun friendly cities or towns. It also is a great idea to have 2 club memberships....looks like you are really into shooting. It kind of sucks but until you move out of Boston this is the only way you can have the dreaded "assault rifles" without getting arrested or loosing your firearm. To that end no one official really knows the law enacted in 1989, get a really good alarm system and JOIN GOAL
 
NickyBangBang is right in that you can own long knives, pre-ban large-cap mags and pre-ban so-called AWs (and newer neutered versions) as a Boston Resident, as long as you NEVER possess them within the City limits (including all the various "villages" that make up the City of Boston).
 
LenS said:
NickyBangBang is right in that you can own long knives, pre-ban large-cap mags and pre-ban so-called AWs (and newer neutered versions) as a Boston Resident, as long as you NEVER possess them within the City limits (including all the various "villages" that make up the City of Boston).
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Are these items prohibited by anyone who is in the City of Boston, or just Boston reisdents in the City of Boston?
 
JZ1018 said:
Are these items prohibited by anyone who is in the City of Boston, or just Boston reisdents in the City of Boston?
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Interpretations (as I have been told) are that it only applies to those who are residents. Nobody has ever been prosecuted for this, so there is no case law to fall back on.
 
Not to beat a dead horse, but the last paragraph of section 3 in the Boston AWB states
The provisions of this act shall not apply to the possession of assault weapons, large capacity magazines, large capacity magazine belts, or other types of magazines or ammunition belts by persons specifically authorized to acquire, have, possess or carry an assault weapon pursuant to federal law.
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Since everyone according to federal law is authorized to acquire, have, possess or carry an "assault weapon", doesn't this nullify the entire ban in the city of Boston? Or am I simplifying this too much?

[horse]
 
Would selling an otherwise MA compliant AR to a Boston resident put the seller in legal jeopardy? As I read the excerpts from this thread and the law I would think the seller is OK.

I just ran into this situation... didn't execute the sale.
 
doctorbossman said:
Would selling an otherwise MA compliant AR to a Boston resident put the seller in legal jeopardy? As I read the excerpts from this thread and the law I would think the seller is OK.

I just ran into this situation... didn't execute the sale.
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Just because someone is a Boston resident, doesn't mean they store all their firearms at their primary residence. There's nothing illegal about a Boston resident owning anything banned under that law. They just can't posses it within the city. So, I really don't see how a seller would be in any trouble. Just don't conduct the transaction within city limits.
 
LenS said:
I would NOT do it!
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As the seller you wouldn't do it? I know that you know much more than I so I respect your opinion, but what crime would I as the seller be committing?

PappyM3 said:
Just because someone is a Boston resident, doesn't mean they store all their firearms at their primary residence. There's nothing illegal about a Boston resident owning anything banned under that law. They just can't posses it within the city. So, I really don't see how a seller would be in any trouble. Just don't conduct the transaction within city limits.
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Interesting thought. I'll ask the buyer if there are alternative storage places.
 
I'm not sure that you'd be committing any crime, assuming you did not hold any sort of FFL (including C&R). Feds mandate that FFLs (all types) NOT do transactions where the new owner isn't eligible to possess the particular gun where they live. If they live in Boston . . .

Some folks I'm sure store their ARs and other Boston Banned items outside Boston but I'd be willing to bet >90% store them in their Boston homes.

If anything hits the fan, the police will be more than happy to tell the press WHERE they got the gun and smear you or I as if we are Whitey Bulger's suppliers! The bad PR is more than enough punishment. There are plenty of other fish in the sea that will buy your products w/o that sort of hassle.
 
LenS said:
Feds mandate that FFLs (all types) NOT do transactions where the new owner isn't eligible to possess the particular gun where they live. If they live in Boston . . .
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While this is true for interstate transactions (18 USC 922(b)(3)), it is not accurate for intrastate transactions...

18 USC 922 said:
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

>snip<

(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition...
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If the "...place of sale, delivery or other disposition..." is not in Boston, the sale is lawful.

Interestingly, even if the FFL was located in Boston, 27 CFR 478.11 states...

Published ordinance. A published law of any political subdivision of a State which the Director determines to be relevant to the enforcement of this part and which is contained on a list compiled by the Director, which list is incorporated by reference in the Federal Register, revised annually, and furnished to licensees under this part.
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The list referenced above is ATF Pub. 5300.5 (State Laws And Published Ordinances), in which the Boston AWB is not included.

Therefore, it would seem that even FFL transfers occurring within Boston, of items that violate Boston's AWB, would not be in violation of Federal law.
 
Is a Kriss Vector considered an AR? i.e. is it legal in Boston?

Just looked at the definition, I would guess so as it has a folding stock and a pistol grip.

What about a Beretta CX4?
 
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Has GOAL or any other group/individual made any progress with getting this law at least re-evaluated let alone overturned? Any good candidates up for taking Menino's spot?
 
Bullpup designs. Yay Nay? Legal in the city. I'm talking about a stock for say an M1A. Only "evil" feature would be the pistol grip. (It would have a compliant muzzle device). Thoughts?
 
Just ignore. Own and possess. Keep hidden and shoot for recreation in free states (or outside 495).

The gun laws in Boston and Ma are desgined only to persecute legal gun owners. The illegal gun owners are (democrat constituents) protected from prosecution.

WHAT DIFFERENCE DOES IT MAKE?
 
Scrivener said:
Under what analysis (if any) would you think it was? It has NO pistol grip, bayonet lug, grenade launcher, folding/collapsible stock or flash hider/muzzle brake; no factory mags other than 10-rounders; it's not even on the "Large Capacity Roster."

How would it possibly qualify? [rolleyes]
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Quoting a seven-year-old post by a banned member, I know, but now that Ruger sells a 25-round mag (albeit not to MA residents), does that make the 10/22 an evil killy AWB? I'm thinking of getting a takedown and don't much care for any of the "evil" accessories so I'm not concerned on that front, but rather about the "high-capacity" side of things, especially after reading this on GOAL's site:

(1) "Assault weapon", all rifles and shotguns designated as assault weapons in this section and all other semi-automatic rifles and shotguns which are determined by the assault weapon roster board, established under the provisions of section five, to be assault weapons. Such term shall include, in addition to any other rifles and shotguns identified by said board, all versions of the following, including rifles and shotguns sold under the designation provided in this section and rifles and shotguns which are substantially identical thereto sold under any designation:-

(a) Avtomat Kalishnikov, also known as AK-47 semi-automatic rifles;
(b) Uzi semi-automatic rifles;
(c) AR-15 semi-automatic rifles;
(d) FN-FAL and FN-FNC semi-automatic rifles;
(e) Steyr Aug semi-automatic rifles;
(f) SKS semi-automatic rifles;
(g) shotguns with revolving cylinders known as the Street Sweeper and the Striker 12;
(h) any other semi-automatic rifle with a fixed magazine capacity exceeding ten rounds;
(i) any other shotgun with a fixed magazine, cylinder, drum or tube capacity exceeding six rounds; and
09 any semi-automatic firearm which is a modification of a rifle or shotgun described in this subsection; that is, having the same make, caliber, and action design but a shorter barrel or no rear stock.
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The "fixed" clause of that is unclear to me, I guess.

Thanks.


Edit:
(2) "Assault weapon" shall not include:
(k) a rifle or shotgun which cannot employ a detachable magazine or ammunition belt with a capacity greater than ten rounds
Click to expand...
 
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In California 2005, the State Supreme court threw out series classification of firearms for a banned list, and required the AG to list specific models that are banned. In other words they could not ban AR-15's or AK-47's by that classification alone. (#4 here)

Has there been any legal work to challenge Bostons use of broad classifications for banning firearms within the city? The original CA law and the Boston (Mass) AWB shared similar text and I wonder if we can challenge this law on similar grounds.
 
Hello all, Long time reader, first time asker...

I have looked for a few days but have yet to find a specific definition to what is included/denoted as "Boston" in the ban. Does it only include Boston proper (Downtown/chinatown/back bay/beacon hill/north end etc...) or does that include all 21 neighborhoods (ie roxbury, dorchester, jamaica plain etc..)
 
The entire city. "Boston" includes all the annexed towns and villages (which became neighborhoods: Charlestown, Roxbury, Dorchester, Brighton, Allston, etc.) administered by and represented at city hall.
 

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