Live in Boston, gun collection in PA.

[milktree]

Interestingly as pointed out the requirement to register when you "build" or bring in from out of state are not enumerated in the law, but purely EOPS interpretation of 128B. Anyone ever been successfully prosecuted on either charge (not plead out, or similar)?

It doesn't seem like too much of a stretch to lump "build" in with "obtain". Before the build you didn't have or own a gun. After the build you did. That's not a completely insane reading of "obtain"

But that's not the case when you already own a gun and then move into the state. You already own it, so there's no "obtaining" going on.

One of the dictionary definitions of "obtain" is

To succeed in gaining possession of as the result of planning or endeavor; acquire.

The first half of that might work, maybe, but if that counts, then anytime you go to your safe to get a gun you're obtaining it.

The second half doesn't work at all, you've already acquired any gun you already own and already did a 4473 on and already have in your possession.

 

[CrackPot]

It doesn't seem like too much of a stretch to lump "build" in with "obtain". Before the build you didn't have or own a gun. After the build you did. That's not a completely insane reading of "obtain"

You obtained it from out of state. You already owned it, but clearly you, the MA resident, did not already "have" it since you had to "obtain" it from out of state.

I still dont care for the reading of the law by adding cases not explicitly covered. That which is not prohibited is allowed. That which is not explicitly required is not necessary. Except in MA when involving GUNS

 

[milktree]

You obtained it from out of state. You already owned it, but clearly you, the MA resident, did not already "have" it since you had to "obtain" it from out of state.

Are you supporting this meaning of "obtain", or is this the state's argument?

How far away does something have to be before you "obtain" it?

Can you obtain stock in a company? If you were never issued a certificate, then you an obtain a paper certificate, but by doing so, you don't obtain the partial ownership of the company the stock is for.

If you move across country and a moving company moves your stuff, do you "obtain" that stuff when it gets delivered?

If you "move to Mass with guns", how do you do that without obtaining them when you get here? What good is that exception if any acquisition, even from the moving truck, is "obtaining" it?

A simple reading of the law calls out *sales* and *purchases*, and has an explicit exception for "moving in".

 

[CrackPot]

Are you supporting this meaning of "obtain", or is this the state's argument?

How far away does something have to be before you "obtain" it?

Can you obtain stock in a company? If you were never issued a certificate, then you an obtain a paper certificate, but by doing so, you don't obtain the partial ownership of the company the stock is for.

If you move across country and a moving company moves your stuff, do you "obtain" that stuff when it gets delivered?

If you "move to Mass with guns", how do you do that without obtaining them when you get here? What good is that exception if any acquisition, even from the moving truck, is "obtaining" it?

A simple reading of the law calls out *sales* and *purchases*, and has an explicit exception for "moving in".

You left off my second sentence which clearly shows the contempt with which I hold their interpretation.

 

[milktree]

You left off my second sentence which clearly shows the contempt with which I hold their interpretation.

Sorry about that. I was just being thorough.

 

[namedpipes]

You obtained it from out of state. You already owned it, but clearly you, the MA resident, did not already "have" it since you had to "obtain" it from out of state.

I still dont care for the reading of the law by adding cases not explicitly covered. That which is not prohibited is allowed. That which is not explicitly required is not necessary. Except in MA when involving GUNS

No.

Let's say you own a cabin in NH or Maine. You own a hunting rifle, properly "registered" and normally stored in Mass. At the start of the hunting season you bring it with you to the camp, then place it in a safe and come home for a few days. You return to the camp, "obtain" the rifle, bag a couple more squirrels and then come home.

By your reading, you've "obtained" a rifle and must FA-10 it when you get back to Mass.

You acquire / obtain a firearm when ownership transfers to you. NOT when you happen to go get it.

Disclaimer: My observations are based on "common" sense, not on "legal" sense. I'm sure the AG would hold a different viewpoint more in line with what you said.

It's important to COMPLY with the law, but it is just as important to know that (some) laws are absurd, contradictory and counterproductive to their own goals and to point that out, even while you comply.

 

[CrackPot]

At least you quoted my whole post even if you did not read the second sentence. First sentence: MA retard logic for their interpretation of the law. Second sentence: my contempt for MA retard logic.

Your post, disagreement with post followed by lots of words agreeing with my second sentence.

Conclusion: don’t post in the morning before

1. You are no longer drunk from the night before
2. Have had your second cup of coffee
3. Make observations based on common sense in MA with regards to guns

No.

Let's say you own a cabin in NH or Maine. You own a hunting rifle, properly "registered" and normally stored in Mass. At the start of the hunting season you bring it with you to the camp, then place it in a safe and come home for a few days. You return to the camp, "obtain" the rifle, bag a couple more squirrels and then come home.

By your reading, you've "obtained" a rifle and must FA-10 it when you get back to Mass.

You acquire / obtain a firearm when ownership transfers to you. NOT when you happen to go get it.

Disclaimer: My observations are based on "common" sense, not on "legal" sense. I'm sure the AG would hold a different viewpoint more in line with what you said.

It's important to COMPLY with the law, but it is just as important to know that (some) laws are absurd, contradictory and counterproductive to their own goals and to point that out, even while you comply.

 

[namedpipes]

At least you quoted my whole post even if you did not read the second sentence. First sentence: MA retard logic for their interpretation of the law. Second sentence: my contempt for MA retard logic.

Your post, disagreement with post followed by lots of words agreeing with my second sentence.

Conclusion: don’t post in the morning before

1. You are no longer drunk from the night before
2. Have had your second cup of coffee
3. Make observations based on common sense in MA with regards to guns

It isn't reasonable to expect a person to wait until the buzz is past before they post. Come ON.

And you can't lead with a triggering phrase and expect anyone to be able to read on through the red haze of triggeredness.

I'm glad to find that we're on the same side on this matter.

 

[CrackPot]

It isn't reasonable to expect a person to wait until the buzz is past before they post. Come ON.

And you can't lead with a triggering phrase and expect anyone to be able to read on through the red haze of triggeredness.

I'm glad to find that we're on the same side on this matter.

When you say triggered, you mean


Just clarifying...

 

[namedpipes]

When you say triggered, you mean
View attachment 269446

Just clarifying...

I'm hardly the only person on this site (or even in this specific post) that enjoys pointing out wrongs. But sure, we'll go with that.

 

[CrackPot]

I'm hardly the only person on this site (or even in this specific post) that enjoys pointing out wrongs. But sure, we'll go with that.

Trying for humor to break through the red haze

 

[DeadEyeDan]

I’m triggered, 11 weeks and still now LTC, wanted to use the long weekend for a run to PA...

 

[namedpipes]

Trying for humor to break through the red haze

Ok. I guess I did need more coffee after all.

 

[DJBrad]

Interestingly as pointed out the requirement to register when you "build" or bring in from out of state are not enumerated in the law, but purely EOPS interpretation of 128B. Anyone ever been successfully prosecuted on either charge (not plead out, or similar)?

Currently interested in this in the AW pistol thread.

 

[one-eyed Jack]

So join us here at the Mill in Littleton, get the FFL and a non-restricted LTC from Littleton and say FU to Boston. Jack.

 

[rali]

I would ask Glidden about that. Seriously there is communication between EOPS and GCAB (Glidden), typically written. May or may not be difficult to obtain from EOPS Legal Dept. Years ago I did make a request for a document between the two, after some red tape (Glidden actually asked me to request it), I was able to obtain it. So if you really want to dig into it, that's the way to do it.

Honest to f*ck. I decided to build a database of all the random dickweeds in MA who take it upon themselves to create new law out of whole cloth. I set up a dB instance in AWS, but I exceeded all available resources in AWS before I finished.

(Ok, I didn’t and it wouldn’t, but Jesus f. Christ ...)

R

 

[TayNinh_66]

There is the law (vague though it may be) and then there is the risk of what will happen when your kitchen catches on fire and BPD goes through your house "to make sure the fire is out" and discovers GUNS!
I wouldn't want to be the test case to clarify the meaning of the word "obtains" in front of a Patrick appointed judge after blowing 20K+ in legal fees.

Section 128B. Any resident of the commonwealth who ... obtains a firearm, rifle or shotgun or machine gun from any source ... shall within seven days after receiving such firearm, rifle, shotgun or machine gun, ... report, in writing, to the commissioner of the department of criminal justice information services ... complete description of the firearm, rifle, shotgun or machine gun, including the caliber, make and serial number. Whoever violates any provision of this section shall for the first offense be punished by a fine of not less than $500 nor more than $1,000 and for any subsequent offense by imprisonment in the state prison for not more than ten years.

Argue all you want. It's the judge who will decide your fate. No thanks.