Bump Stock Ban does not actually appear to ban bump stocks.

dcmdon

NES Member
Rating - 100%
31   0   1
Joined
Jan 27, 2009
Messages
13,142
Likes
2,744
Location
Southeastern CT and Boston Metro West
The legislation passed a couple of days ago did not seem to ban bump stocks. Rather, it seems to classify them as machine guns.

You can own a machine gun in MA if you have a machine gun license.

The language of the bill that was passed is pretty clear:

SECTION 18. Section 121 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the word “gun”, in line 100, the following words:- ; provided, however, that “machine gun” shall include bump stocks and trigger cranks.


The section 121 language that the bill ammend is the definition of a machine gun in existing law:

''Machine gun'', a weapon of any description, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged by one continuous activation of the trigger, including a submachine gun.

So the effect is that this new law classifies bump stocks as machine guns.
Here is a link to the affected statute.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121

Machine guns ARE legal in MA if the owner possesses a MA Machinegun License and so are bump stocks.

In summary, the new law with amended language is:

Machine gun'', a weapon of any description, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged by one continuous activation of the trigger, including a submachine gun; provided, however, that “machine gun” shall include bump stocks and trigger cranks.

I'm not saying this is good or bad. Only that bump stocks don't appear to be banned at all.

Don
 

Rob Boudrie

NES Member
Rating - 100%
6   0   0
Joined
Apr 24, 2005
Messages
38,480
Likes
17,176
I'm not saying this is good or bad. Only that bump stocks don't appear to be banned at all.
True, but since they have been redefined as "machine guns", you need a MA Machine Gun License to possess one that you did not buy after the ban.
 

dcmdon

NES Member
Rating - 100%
31   0   1
Joined
Jan 27, 2009
Messages
13,142
Likes
2,744
Location
Southeastern CT and Boston Metro West
You can buy it in another state and bring it into MA if you have a MG license.

Again, I don't think its worth the effort. This is an exercise in logic, nothing more.

But then you would be bound by all the transfer requirements in STATE law around a MG.

Right?

But what if you owned it before the law went into effect?? AND you had a MG license??
 

Rob Boudrie

NES Member
Rating - 100%
6   0   0
Joined
Apr 24, 2005
Messages
38,480
Likes
17,176
I don't see anything actually banning the sale or purchase of them. Engrave a SN on it and sell it as a MG per MA law?
There is a section in the budget bill that, separate from the redefinition as a MG, bans the purchase, sale or offer for sale. That being said, I am not absolutely certain the version I read is the correct one.
 

terraformer

NES Member
Rating - 100%
32   0   0
Joined
May 17, 2008
Messages
16,913
Likes
2,612
SECTION 21. Paragraph (o) of section 131 of said chapter 140, as so appearing, is hereby amended by adding the following sentence:- Clauses (i) and (ii) of this paragraph shall not apply to bump stocks and trigger cranks.

If this part above passed, then no, a MG license is not enough...
 

dcmdon

NES Member
Rating - 100%
31   0   1
Joined
Jan 27, 2009
Messages
13,142
Likes
2,744
Location
Southeastern CT and Boston Metro West
SECTION 21. Paragraph (o) of section 131 of said chapter 140, as so appearing, is hereby amended by adding the following sentence:- Clauses (i) and (ii) of this paragraph shall not apply to bump stocks and trigger cranks.


If this part above passed, then no, a MG license is not enough...

I understand the legislative intent. But if you actually read the law, it relates to terns necessary to issue a MG license. It really has nothing to do with possession.

I'd really like to hear back from you since I strongly value your opinion.

Don
 

terraformer

NES Member
Rating - 100%
32   0   0
Joined
May 17, 2008
Messages
16,913
Likes
2,612
I thought clause I and II had to do with issuing the green card, not using it.


Sent from my iPhone using Tapatalk

SECTION 21. Paragraph (o) of section 131 of said chapter 140, as so appearing, is hereby amended by adding the following sentence:- Clauses (i) and (ii) of this paragraph shall not apply to bump stocks and trigger cranks.




I understand the legislative intent. But if you actually read the law, it relates to terns necessary to issue a MG license. It really has nothing to do with possession.

I'd really like to hear back from you since I strongly value your opinion.

Don

I am not going to articulate the, what I think is inaccurate, reading of this law lest some a-hole ADA or COP catches wind of this interpretation, but I will just say that if a judge can "read" this:
firearm identification card shall not entitle a holder thereof to possess: (i) a large capacity firearm or large capacity feeding device therefor, except under a Class A license issued to a shooting club as provided under section 131 or under the direct supervision of a holder of a Class A license issued to an individual under section 131 at an incorporated shooting club or licensed shooting range; or (ii) a non-large capacity firearm or large capacity rifle or shotgun or large capacity feeding device therefor, except under a Class A license issued to a shooting club as provided under section 131 or under the direct supervision of a holder of a Class A or Class B license issued to an individual under section 131 at an incorporated shooting club or licensed shooting range. A firearm identification card shall not entitle a holder thereof to possess any rifle or shotgun that is, or in such manner that is, otherwise prohibited by law.

...and say that one can possess a handgun in the home on an FID when that interpretation effectively shuts down challenges to the states licensing scheme, then they can "misread" the above to effectively preclude possession of a bump stock on a MG license if they were so inclined to do. So the safe thing is, get rid of them in another state.

If we had an effective and honest judiciary, then I would say the reason for issuance of the card must be a bonafide collector or trainer, but the possession is otherwise legal. But we have a bunch of rote liars wearing black robes.

ETA: You have to keep something in mind, the SJC has asked the AG's office in open court what their preferred interpretation of a statute is and then put that in writing in the decision. The courts are not impartial third parties here.
 
Last edited:
Top Bottom