Healey "closing the loophole" letter to gun dealers

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She got what she wanted. No new ARs/AKs sold through Mass dealers.

They will now drop the issue, and let us lick are wounds.

The Torturer knows that, in order to get your prisoner to yield, you must inflict then heal, and when they think the worst has passed, step up the pressure.
 
CharlieFoxtrot said:
It's not going to happen. Moving an operation like that just to stick your finger in the eye of MA state government would be far too expensive and their shareholders would hate them.
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Remington has been moving out of NY slowly but surely and opening plants in Alabama. If Remington can leave NY, S&W can surely leave MA.
 
LXnastynotch93 said:
The best thing we can do right now is get organized and figure out how, as a community, we're going to respond to this.

We're all angry right now but it's misdirected. We have to channel it into a concentrated effort.
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My favorite part of band of brothers was at the end of the Brecourt assault, they say that Lt. Winter's tactic was a textbook case of an assault on a fixed position, and its still taught at West Point today.
 
Dear Sir/Madam:
Today the Office of the Attorney General (AGO) is issuing the enclosed Enforcement Notice to provide gun manufacturers, licensed dealers, and the public with greater clarification on the Massachusetts Assault Weapons Ban, G.L. c. 140, §§ 128 and 13 IM, and the definition of "Assault weapon" contained in G.L. c. 140, § 121. In particular, this notice provides information on weapons that are prohibited "copies" or "duplicates" of the enumerated Assault weapons that are banned under Massachusetts law. It will be effective as of July 20, 2016.
The AGO will be available as a resource for all gun dealers who have questions about compliance with any provisions of the Massachusetts Assault Weapons Ban or this Enforcement Notice. To that end, I invite you to contact my office with any inquiries at 617.963.2775.
We appreciate your hard work and cooperation to ensure public safety and reduce gun violence and illegal gun sales in Massachusetts.
Very truly yours,

Maura Healey
Download a copy of this letter.


[h=2]ENFORCEMENT NOTICE[/h][h=2]PROHIBITED ASSAULT WEAPONS[/h]The Office of the Attorney General (AGO) is issuing this Enforcement Notice to provide a framework to gun sellers and others for understanding the definition of “Assault weapon” contained in G.L. c. 140, § 121 (“Section 121”). In particular, this notice provides guidance on the identification of weapons that are “copies” or “duplicates” of the enumerated Assault weapons that are banned under Massachusetts law.
This guidance will be applied to future transfers of “Assault weapons,” as that term is defined in Section 121. This may include, without limitation, the AGO’s enforcement of criminal laws such as G.L. c. 140, §§ 128 and 131M, and civil laws such as G.L. c. 93A.
[h=3]Background:[/h]The sale, transfer, or possession of an “Assault weapon,” as defined in Section 121, is unlawful pursuant to G.L. c. 140, §§ 128 and 131M.
“Assault weapon” is defined 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 [emphasis added], of any caliber, known as:1

    1. Avtomat Kalashnikov (AK) (all models);
    2. Action Arms Israeli Military Industries UZI and Galil;
    3. Beretta Ar70 (SC-70);
    4. Colt AR-15;
    5. Fabrique National FN/FAL, FN/LAR and FNC;
    6. SWD M-10, M-11, M-11/9 and M-12;
    7. Steyr AUG;
    8. INTRATEC TEC-9, TEC-DC9 and TEC-22; and
    9. revolving cylinder shotguns, such as, or similar to, the Street Sweeper and Striker 12;
provided, however, that the term assault weapon shall not include:

    1. 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;
    2. any weapon that is operated by manual bolt, pump, lever or slide action;
    3. any weapon that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated a semiautomatic assault weapon;
    4. any weapon that was manufactured prior to the year 1899;
    5. 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;
    6. any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; or
    7. any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.
Section 121 incorporates by reference the definition of “semiautomatic assault weapon” in the former federal assault weapons ban. This establishes that in Massachusetts weapons with the following characteristics are also within the definition of Assault weapon:2
18 U.S.C. section 921(a) (30) as appearing in such section on September 13, 1994:
B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of—

  1. a folding or telescoping stock;
  2. a pistol grip that protrudes conspicuously beneath the action of the weapon;
  3. a bayonet mount;
  4. a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
  5. a grenade launcher;
(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of—

  1. an ammunition magazine that attaches to the pistol outside of the pistol grip;
  2. a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
  3. a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
  4. a manufactured weight of 50 ounces or more when the pistol is unloaded; and
  5. a semiautomatic version of an automatic firearm; and
(D) a semiautomatic shotgun that has at least 2 of—

  1. a folding or telescoping stock;
  2. a pistol grip that protrudes conspicuously beneath the action of the weapon;
  3. a fixed magazine capacity in excess of 5 rounds; and
  4. an ability to accept a detachable magazine.
[h=3]Summary:[/h]Under the Commonwealth’s statutory definition, the following are “Assault weapons”:

  1. Weapons on the list enumerated in G.L. c. 140, § 121, such as the Colt AR-15 (“Enumerated Weapons”);
  2. “Copies” or “Duplicates” of the Enumerated Weapons (“Copies or Duplicates”); and
  3. Weapons with certain features as identified in former 18 U.S.C. § 921(a) (30) (“Features Test”).
[h=3]Guidance:[/h]A weapon is a Copy or Duplicate and is therefore a prohibited Assault weapon if it meets one or both of the following tests and is 1) a semiautomatic rifle or handgun that was manufactured or subsequently configured with an ability to accept a detachable magazine, or 2) a semiautomatic shotgun.3

  1. Similarity Test: A weapon is a Copy or Duplicate if its internal functional components are substantially similar in construction and configuration to those of an Enumerated Weapon. Under this test, a weapon is a Copy or Duplicate, for example, if the operating system and firing mechanism of the weapon are based on or otherwise substantially similar to one of the Enumerated Weapons.
  2. Interchangeability Test: A weapon is a Copy or Duplicate if it has a receiver that is the same as or interchangeable with the receiver of an Enumerated Weapon. A receiver will be treated as the same as or interchangeable with the receiver on an Enumerated Weapon if it includes or accepts two or more operating components that are the same as or interchangeable with those of an Enumerated Weapon. Such operating components may include, but are not limited to: 1) the trigger assembly; 2) the bolt carrier or bolt carrier group; 3) the charging handle; 4) the extractor or extractor assembly; or 5) the magazine port.
If a weapon meets one of the above tests, it is a Copy or Duplicate (and therefore a prohibited Assault weapon), even if it is marketed as “state compliant” or “Massachusetts compliant.”
The fact that a weapon is or has been marketed by the manufacturer on the basis that it is the same as or substantially similar to one or more Enumerated Weapons will be relevant to identifying whether the weapon is a Copy or Duplicate (and therefore a prohibited Assault weapon) under the applicable test(s).
Under Section 121, the Features Test in the former 18 U.S.C. section 921(a)(30) remains an independent basis for qualification as an Assault weapon.
If a weapon, as manufactured or originally assembled, is a Copy or Duplicate under one or both of the applicable tests, it remains a prohibited Assault weapon even if it is altered by the seller. Therefore, a Copy or Duplicate will be treated as an Assault weapon even if it is altered, for example, by pinning the folding or telescoping stock in a fixed position, by removing the pistol grip, by removing a bayonet mount or flash suppressor, or by preventing the weapon from accepting a detachable magazine.
Purely cosmetic similarities to an Enumerated Weapon, such as finish, appearance, or shape of the stock, or appearance or shape of the rail, will not be treated as relevant to a determination of whether a weapon is a Copy or Duplicate.
[h=3]Application of this Enforcement Notice (dealers licensed under G.L. c. 140, § 122):[/h]The Guidance will not be applied to future possession, ownership or transfer of Assault weapons by dealers, provided that the dealer has written evidence that the weapons were transferred to the dealer in the Commonwealth prior to July 20, 2016, and provided further that a transfer made after July 20, 2016, if any, is made to persons or businesses in states where such weapons are legal.
[h=3]Application of this Enforcement Notice (individual gun owners):[/h]The Guidance will not be applied to possession, ownership or transfer of an Assault weapon obtained prior to July 20, 2016.
The AGO reserves the right to alter or amend this guidance.
____
1 The enumerated weapons are slightly renumbered here for clarity in light of a redundant numbering scheme in the text of the statute.
2 The former federal assault weapons ban also included the enumerated weapons described in the Commonwealth’s definition of “Assault weapons” together with “copies or duplicates of such weapons.”
3 A weapon is not a Copy or Duplicate under this Guidance if it meets one or more of the exceptions ((i)-(vii)) contained in the statutory definition of Assault weapon in Section 121.
Download a copy of this guidance.

 
jpm said:
sorry but this is idiotic. Why on earth would they want to create a bunch of felons out of otherwise law abiding citizens?? This makes no sense whatsoever. You seriously think they said 'lets tell the gun stores its ok to sell what they have today so we can prosecute all the rubes who run out and buy one once I give the press conference'? It is a completely ridiculous premise with no logical thought behind it. What do they stand to gain by doing that?
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Agree completely. This is bad and frightening, but not because we're all going to have the cops show up at our doors arresting us for owning items we legally purchased.

I haven't kept up on the story, but there was a fair bit of resistance when New York changed their laws recently. I haven't heard much on whether people have capitulated or are still holding out?
 
I know we are all calling our reps, senators, and the governor, but what is it we are asking them to do and what authority do they have over Healey? Are we asking them to actually create law around this?

Could we ask them for immediate legislation to open up a recall on any elected official ?
 
drgrant said:
Kinda funny you bring up this brass thing, reminds me of those kids from a few years ago trolling the shit out of school admin types by liberally sprinkling brass around in school bathrooms, etc. Once it went out somewhere that they evaced a school over some brass, kids saw this on TV news and started doing it all over the place.... [rofl]
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This is exactly what I was thinking about when I brought this up.

There was also the incident a few years back where the kids were taking license plates off of school teacher's cars and town officials cars and then running thru the redlight cameras so they were all getting tickets in the mail. That was epic level trollery and was just simply awesome.

When I was in high school - kids used to constantly pull the fire alarms. The school would empty out - the fire department would get called - etc. I remember the "worst" day it happened three times. The school officials were pissed, the fire dept was pissed - etc. So they started putting the gobs of the blue dye stuff that goes into bank bags during a robbery onto the handles of all the fire alarms. That stopped it for a while - then somebody figured out you just wear a rubber glove and take it off after you pull the alarm.

See this is where I seriously think "conservatives" are just moron level stupid. Tell this kind of stuff to average liberal shit-stirrer - and they'd be all over it. They're chaining themselves to drums in the middle of the highway - shooting up cities - and just generally doing crap to stir things up.

Tell gun owners they need to think outside the box - and all they do is whine about how it will never work. Dropping a piece of brass on the ground somewhere where it will cause a shitstorm is an almost no risk proposition if you're not an idiot. And the pages of NES are chock full of threads about where brass sent things into lockdown.

I seriously wonder why I even have to explain this shit to people - and the fact that I do makes me wonder if trying to fight crap like what Healey pulled yesterday is even worth the goddam effort.
 
weatherby said:
I know we are all calling our reps, senators, and the governor, but what is it we are asking them to do and what authority do they have over Healey? Are we asking them to actually create law around this?

Could we ask them for immediate legislation to open up a recall on any elected official ?
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This x1000. We elected them, and we can sure as hell vote them out.
 
 
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endus said:
Agree completely. This is bad and frightening, but not because we're all going to have the cops show up at our doors arresting us for owning items we legally purchased.

I haven't kept up on the story, but there was a fair bit of resistance when New York changed their laws recently. I haven't heard much on whether people have capitulated or are still holding out?
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Not frightening, it's liberating.

I've lived 35 years with the idea that if I lived straight, did the right thing, obeyed the law, paid my bills, that the government was here to serve me.

I'm now free from these false prisons I placed myself within.
 
endus said:
Agree completely. This is bad and frightening, but not because we're all going to have the cops show up at our doors arresting us for owning items we legally purchased.

I haven't kept up on the story, but there was a fair bit of resistance when New York changed their laws recently. I haven't heard much on whether people have capitulated or are still holding out?
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Compliance with mass confiscation is historically under 20%, and NY is no different. Reason.com has some good articles on this.
 
**DRB** said:
The more I think about this, the more brilliant it seems....

1.AG office creates new definition of law out of thin air, makes selling guns and gun owners criminal.

A. No one cares, proceed to next step
B. Gun owners make shitstorm and get Rep Gov involved

2. If A. Proceed to further advance of agenda buy classifying for firearms as "assault weapons". If B Rep Gov comes out and either 1)Sides with gun owners, turning majority of liberal state residents against him and ensuring Dem replacement next election or 2) Gov sides with AG in which case, see option 1,A.

Worst case scenario for AG is challenge in court, in which,

A. Liberal court sides with her - proceed with 1,A
Or
B. Fails in court, but new legislation is proposed to close the "loophole". Chances of this passing would be high as now, all the liberal base in the state I'd well aware that we have been buying scary black guns

Man I'm in a shitty mood this morning
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this state just passed the transgender rights bill, passing an anti gun law will be a piece cake with this system, looks like the state is royally screwed either way, too many loyalists, if only we could form a militia before the 2nd amendment is completely devoid of freedom
 
knfmn said:
Where are all the Baker apologists talking about how he is such a stand-up guy and he's the best thing to happen to this state in a long time?
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I thought he would be better than Coakley. I was wrong. He is not.

Anyone know of any efforts to get up a ballot initiative to enable the recall of elected state officials?
 
I got on aaf today spoke abt this, Matt Light also did a bang up job talking about this bs, the protest was mentioned on aaf as well. Spread the word ppl. We can't let up
 
warwickben said:
Links to the mass.gov PDF she's released have been removed from the states site...

Guidance letter
http://www.mass.gov/ago/public-safety/assault-weapons-guidance.pdf[/URL]

Removed

Enforcement letter
http://www.mass.gov/ago/public-safety/ag-letter-7-19-16.pdf[/URL]

Removed


Ag page containing both
http://www.mass.gov/ago/public-safety/awbe.html[/URL]

Removed
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Very strange. Combine that with lack of real media coverage. Where is all the gloating about how they finally did it? Makes me believe they don't really think this will work.

Edit: they're still there. You just have extra characters on your URLs? My point stands though.
 
JJ4 said:
Very strange. Combine that with lack of real media coverage. Where is all the gloating about how they finally did it? Makes me believe they don't really think this will work.

Edit: they're still there. You just have extra characters on your URLs? My point stands though.
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Please read post 2692.
 
NRA finally woke up.

Massachusetts: Attorney General Healey Attacks Your Second Amendment Rights!
Yesterday, Massachusetts Attorney General Maura Healey announced that she wants to further restrict the Second Amendment rights of law-abiding Massachusetts citizens by arbitrarily changing the way her office enforces the state’s existing “assault weapons” ban. Massachusetts state law currently prohibits the possession of “assault weapons” and large capacity feeding devices (defined as devices capable of holding certain amounts of ammunition) and “copies or duplicates of the weapons.” This law mirrors the federal “assault weapons” ban that expired in 2004.
Attorney General Healey claims that gun manufacturers across the state have been selling firearms to citizens that they claim are compliant with the law, but that she says would be considered “copies or duplicates” of the “assault weapons” prohibited for possession under Massachusetts law.
By doing so, Attorney General Healey has over stepped her boundaries as Attorney General and created a new definition outside of the statute that currently regulates so-called “assault weapons” in Massachusetts. This new definition could lead to a total ban of all semi-automatic firearms in the state.
Your NRA-ILA will be working tirelessly to protect the Second Amendment rights of law-abiding gun owners in Massachusetts by looking into the legal options available to fight this egregious attack. Please stay tuned to your email inbox and www.nraila.org for further updates on this issue.​
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so this includes handguns now too according to the guidance letter:

A weapon is a Copy or Duplicate and is therefore a prohibited Assault weapon if it meets one orboth of the following tests and is 1) a semiautomatic rifle or handgun that was manufactured orsubsequently configured with an ability to accept a detachable magazine,
 
Let me see if I got the broadest strokes here:

- no copies of automatic rifles sold (ar/ak, etc)

- no private transfers thereof

Now I'm a bit confused on a point or two. I read here that this basically extends to all semi auto rifles. There are a lot out there with no automatic counterpart. Just offhand I'm thinking of the hi point, sub2k, Barrett, sks, Among others. They don't fit into the "copy" category, so they're still good to go?
 
amm5061 said:
You all finally noticed the handguns part? Anyone want to comment on 2) semiautomatic shotguns?
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No more than 5 rounds semiauto shutgun is legal.

- - - Updated - - -

It's done folks. No one in MA can/would stop her. It's a done deal. Gun owners are minority here.
 
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