Just about every MGL has a section of definitions of terms. Often it's section 1. That gives a specific definition of each term in the context of the statute. So "firearm" on one law can mean one thing, while in another it means something else.
There is also a difference between ownership and possession.
You're right!
Not all firearms are "firearms."
For the purpose of an indictment, MGL 277 § 39 provides: "
if certain words and phrases are defined by law, they shall be used according to their legal meaning." That is, "
When a statute includes an explicit definition, we must follow that definition, even if it varies from that term's ordinary meaning."
The word "
firearm," is one such explicit definition. It is defined not just in MGL 140 § 121, but also in 740 CMR 30.01 - Airport Security, 18 USC § 921 (Chapter 44 Firearms) and 26 USC § 5845 (Internal Revenue Code, Subtitle E. Alcohol, Tobacco and Certain Excise Taxes). Also, the term "
handgun" is defined in 940 CMR 16.01 - Hand Gun Sales; but, despite these being physical identical, the definitions are obviously not interchangeable, nor equally applied to every circumstance.
That is, regarding a statute, "
... words of universal scope will be construed as meaning only those subject to the legislation." This is plainly observed, as each statute, regulation or code that defines a term invariably begin with an "
As used in" statement of application, which confines the definitions to a specific purpose established by the legislature. For example, MGL 140 § 121 defines "
firearms" and other like items to mean only those "
As used in sections 122 to 131Y,
inclusive, ..."
This application of terms is true for any of the numerous commercial and professional activities licensed by the state. The subject matter for each license is clearly defined and confined by the statute; and for every activity defined and licensed by the legislature, there is a correlative and original right, which is both delegated by, and reserved to the people to exercise for themselves. For example the right to cook, clean, and maintain one's own house, to care for one's own children, and to defend one's own life:
The term "
poultry" defined in MGL 94 § 118 is "
as used in" and applies to MGL 94 § 118 to 131, "
inclusive." Whoever processes poultry without a Meat and Poultry Processing license issued under MGL 94 § 120 is punishable up to three years imprisonment (MGL 94 § 129). But as every housewife knows, there is no license for her original right to cook a chicken dinner for her own family; as the chicken on
her table is not within the meaning of "
poultry" as defined in MGL 94 § 118.
The term "
bedding" is defined in MGL 94 § 270 is "
as used in" and applies to MGL 94 § 270 to 277, "
inclusive." Whoever sterilizes bedding without a license issued under MGL 94 § 275 by the department of public health is punishable up to six months imprisonment (MGL 94 § 277). But as every housewife knows, there is no license for her right to wash her bedding for herself or family; as the bedding on
her bed is not within the meaning of "
bedding" as defined in MGL 94 § 270.
The terms "
pest" and "
pesticides" defined in MGL 132B § 2 applies "
when used in this chapter" 132B. Whoever applies pesticides without a license issued under MGL 132B § 10 is punishable up to two years imprisonment (MGL 132B § 14). But as every home owner knows, there is no license for his right to buy or mix, and apply pesticide inside
his own house; as neither the pest, nor the pesticide
he buys, mixes or uses are within the meaning of "
pest" or "
pesticide" as defined in MGL 132B § 2.
The term "
child" defined in MGL 15D § 1A is "
As used in" and applies to Chapter 15D. Whoever engages in "
child care" within the meaning of Chapter 15D without a license obtained in compliance with 606 CMR 7.00 is punishable up to 2.5 years imprisonment (MGL 15D § 6(a)). But as every parent knows, there is no license for his original right to care for his own child, and
his child is not within the meaning of "
child" as defined in MGL 15D § 1A.
Thus, the terms "
firearms,
ammunition, and
large capacity feeding device," defined in MGL 140 § 121 mean only those "
...used in sections 122 to 131Y,
inclusive." Whoever possesses or carries firearms without a license issued under MGL 140 § 131 is punishable up to ten years imprisonment (MGL 269 § 10(m)). But there is no such thing as a "license to keep and bear arms" to defend oneself; and so, the arms
I keep for personal use are neither within the meaning of "
firearms,
ammunition, or
large capacity feeding devices," nor "
As used in sections 122 to 131Y, [of chapter 140]
inclusive."
This application of law is so obvious that the Supreme Court declared: "
It is elementary law that every statute is to be read in the light of the constitution. However broad and general its language, it cannot be interpreted as extending beyond those matters which it was within the constitutional power of the legislature to reach." One such matter beyond the constitutional power of the legislature to reach is the right of the people to keep and bear arms for personal use, and for all other lawful purposes.
Would the Commonwealth agree that the term "poultry" defined in MGL 94 § 118 excludes the chicken I cook and eat myself?
Would the Commonwealth agree that the term "bedding" defined in MGL 94 § 270 excludes my bedding, which I wash with on my own?
Would the Commonwealth agree that the terms "pest" and "pesticides" defined in MGL 132B § 2 exclude the pests and the pesticides that may be found in my own house?
Would the Commonwealth agree that the term "child" defined in MGL 15D § 1A excludes my own children, who I care for myself?
Would the Commonwealth agree that the terms "firearms, ammunition, and large capacity feeding device" defined in MGL 140 § 121 exclude my arms for personal use, which I keep for myself? See MGL 62c § 55A and MGL 60 § 24, "MILITARY ARMS": General Law - Part I, Title IX, Chapter 62C, Section 55A, General Law - Part I, Title IX, Chapter 60, Section 24.
What published law shows that the terms "firearms, ammunition, and large capacity feeding device" defined in MGL 140 § 121 include my arms for personal use?
