MA Assault Weapons Ban "AWB" FAQ

[Slayer-bloodline]

I'm sorry if this was already answered but I can only read so many,

now that our weapons are considered illegal and where allowed to keep them, grandfathered based on that her definition wasn't enforced before. Does that mean that we still need to follow the mass compliant laws? If there banned and illegal then what's the point of pinning and welding or fixing?

Also so if this is in some way the states failure to properly define laws, why aren't people or organizations trying to sue the state for all the damage we have done to our weapons with all the welding, pinning, fixing,.... Negligence ?

 

[MachineHead]

I'm sorry if this was already answered but I can only read so many,

now that our weapons are considered illegal and where allowed to keep them, grandfathered based on that her definition wasn't enforced before. Does that mean that we still need to follow the mass compliant laws? If there banned and illegal then what's the point of pinning and welding or fixing?

Also so if this is in some way the states failure to properly define laws, why aren't people or organizations trying to sue the state for all the damage we have done to our weapons with all the welding, pinning, fixing,.... Negligence ?

Give it about 3-4 years in the court system and you'll get an answer to everything you're looking for.

 

[EJFudd]

Now that our weapons are considered illegal and we're allowed to keep them, grandfathered based on that her definition wasn't enforced before, does that mean that we still need to follow the mass compliant laws? If they're banned and illegal then what's the point of pinning and welding or fixing?

It's a perfectly valid question since evil Queen Maura has unilaterally declared that "MA-Compliant" has no meaning anymore with respect to the specifically listed guns. Anything that looks or works in any way like an AR or AK (et al) is automatically illegal now no matter what compliance work has been done to it. All we newly minted felons have to rely on is her "temporary stay of execution" wherein she says she won't prosecute us right now for buying or owning these dastardly illegal weapons of war.

So is there like a "double secret illegal" status if your already declared illegal weapon of war suddenly sports an unpinned stock? Or a bayonet lug? Or a flash hider? As of today, no one but evil Queen Maura knows and she ain't talking.

Also, so if this is in some way the state's failure to properly define laws, why aren't people or organizations trying to sue the state for all the damage we have done to our weapons with all the welding, pinning, fixing,... Negligence ?

The bigger question for me is: Who the heck out in free America is going to buy our Massachusetts neutered ARs & AKs for more than scrap value once evil Queen Maura declares it's sell or turn-in or face confiscation and imprisonment time? No one that I know.

 

[pupchow]

So is there like a "double secret illegal" status if your already declared illegal weapon of war suddenly sports an unpinned stock? Or a bayonet lug? Or a flash hider? As of today, no one but evil Queen Maura knows and she ain't talking.

My shopping for uppers just got a lot easier, as far as I'm concerned. Same with buttstocks.

 

[one-eyed Jack]

Get the 07 FFL, transfer your ARs and AKs to your dealer inventory, unpin the stock, SBR it, screw on a can and go have fun. Jack.

 

[inerlogic]

now that our weapons are considered illegal and where allowed to keep them, grandfathered based on that her definition wasn't enforced before. Does that mean that we still need to follow the mass compliant laws? If there banned and illegal then what's the point of pinning and welding or fixing?

right, because our only leg to stand on is "these have been understood to be legal for 22 years by the entire country/"

by all means go ahead and add features to nullify that one possible maybe shot at a defense....

 

[bill o]

I'm sorry if this was already answered but I can only read so many,

now that our weapons are considered illegal and where allowed to keep them, grandfathered based on that her definition wasn't enforced before. Does that mean that we still need to follow the mass compliant laws? If there banned and illegal then what's the point of pinning and welding or fixing?

Also so if this is in some way the states failure to properly define laws, why aren't people or organizations trying to sue the state for all the damage we have done to our weapons with all the welding, pinning, fixing,.... Negligence ?

There is no grandfathering. Her idiotic Globe opinion piece provides no legal protection whatsoever. It's probably a good idea to follow what the law actually says, i.e. a detachable mag semiauto rifle not banned by model name must pass the features test.

 

[EJFudd]

Get the 07 FFL, transfer your ARs and AKs to your dealer inventory, unpin the stock, SBR it, screw on a can and go have fun. Jack.

Someday Jack... someday. Right after I win the lottery maybe.

Ain't gonna happen in present circumstances, unfortunately.

 

[cb1]

now that our weapons are considered illegal and where allowed to keep them, grandfathered based on that her definition wasn't enforced before. Does that mean that we still need to follow the mass compliant laws? If there banned and illegal then what's the point of pinning and welding or fixing?

Do not take this is as legal advice. I would think that making a post-ban rifle non-MA compliant (as we understood that term prior to the AG's enforcement notice) would only increase the chances of you getting into trouble. Consider this: the AG has unilaterally declared all postban AR15s to be assault weapons and illegal. This does not mean that local cops are going to hassle you or that local DA's are going to prosecute you under this enforcement notice. However, if you were to make a post-ban rifle non-MA complaint then you would have a rifle that everyone, from the AG all the way down to the local police chief, views as an "assault weapon."

 

[alphawolf]

My post-ban AR-15 has never seen the 10 rd mags that came with it in 1998, they are still in the sealed wrappers.

bingo!

 

[Slayer-bloodline]

The Swiss army has long been a militia trained and structured to rapidly respond against foreign aggression. Swiss males grow up expecting to undergo basic military training, usually at age 20, after which Swiss men remain part of the "militia" in reserve capacity until age 30 (or age 34 for officers). Each such individual is required to keep his army-issued personal weapon (the 5.56x45mm Sig 550rifle for enlisted personnel and/or the 9mm SIG-Sauer P220 semi-automatic pistol for officers, medical and postal personnel) at home.

When their period of service has ended, militiamen have the choice of keeping their personal weapon and other selected items of their equipment. In cases of retention, the rifle is sent to the weapons factory where the fully automatic function is removed; the rifle is then returned to the discharged owner as a semi-automatic or self-loading rifle.

As for gun-related crime in general, a 2001 BBC article reported that in Switzerland "the gun crime rate is so low that statistics are not even kept."




Maybe our problem is civil unrest and not guns.......maybe?

 

[agrimley]

I've read through all posts in this thread after 7/20/2016 and haven't heard anyone mention private sales/purchases of already in-state guns. I've called a bunch of FFLs and none will touch an in-bound AR-15. I do see AR-15s for sale on the forums here. But, what's the consensus on legality for a buyer in MA if the gun is already in MA? And does that differ for pre-ban vs. post-ban?

Thanks all!

 

[soam]

I've read through all posts in this thread after 7/20/2016 and haven't heard anyone mention private sales/purchases of already in-state guns. I've called a bunch of FFLs and none will touch an in-bound AR-15. I do see AR-15s for sale on the forums here. But, what's the consensus on legality for a buyer in MA if the gun is already in MA? And does that differ for pre-ban vs. post-ban?

Thanks all!

There is no consensus because the 7/20 guidance is impossible to interpret with certainty, and the AGO isn't providing any clarity.

If it's a pre-94 pre-ban then it's good to go for everything (FFL transfer, private transfer, etc.). If it's post-94 but pre-7/20 then it's anybody's guess.

People selling in private sales either don't care, or have decided that the guidance means it's okay to transfer them. If you want to buy one, buy it, but understand that nobody is going to be able to tell you with certainty that the AG will "bless" the sale.

 

[EJFudd]

I've read through all posts in this thread after 7/20/2016 and haven't heard anyone mention private sales/purchases of already in-state guns. I've called a bunch of FFLs and none will touch an in-bound AR-15. I do see AR-15s for sale on the forums here. But, what's the consensus on legality for a buyer in MA if the gun is already in MA? And does that differ for pre-ban vs. post-ban?

Thanks all!

Pre-original ban AR's still appear to be good to go. Post-original ban/pre-Maura ban AR's are supposedly okay for F-T-F transfers according to her highness's FAQs (at least as of today)... however, it remains somewhat ambiguous/undefined/risky for the buyer.

 

[agrimley]

If it's a pre-94 pre-ban then it's good to go for everything (FFL transfer, private transfer, etc.).

Then why are FFLs saying they won't touch an AR?

 

[soam]

Then why are FFLs saying they won't touch an AR?

An overabundance of caution. Pre-94 ARs are perfectly fine. Keep calling FFLs until you find one willing to transfer one.

 

[Len-2A Training]

I've read through all posts in this thread after 7/20/2016 and haven't heard anyone mention private sales/purchases of already in-state guns. I've called a bunch of FFLs and none will touch an in-bound AR-15. I do see AR-15s for sale on the forums here. But, what's the consensus on legality for a buyer in MA if the gun is already in MA? And does that differ for pre-ban vs. post-ban?

Thanks all!

I've made that query of some that should be in the know and was told it was a very low risk.

All indications are that she is really going after the dealers, not individuals. And part of her justification is C. 93A (where buyer is the "victim"), so persecuting victims still isn't politically wise.

It is still a gray area however unless the gun was originally built as a .22LR and never converted (per her FAQ).

 

[Gillham]

Not sure if this made it onto the thread, but I came across this today.
Some "Clarification"
http://www.mass.gov/ago/public-safety/guns-that-are-not-assault-weapons.html

Guns That Are Not Assault Weapons

Q: Are there examples or categories of weapons that are not assault weapons?

Yes. Many rifles, shotguns, and pistols are not assault weapons, and therefore are not “copies or duplicates” of enumerated assault weapons. For example, the following are not assault weapons under G.L. c. 140, § 121:

Any handgun on the current version of the state’s Approved Firearms Roster, available here links to PDF file. Handguns are still subject to MA 940 CMR 16.00 et seq Consumer Protection Regulation;
Any .22 caliber rimfire rifle;
Any Ruger Mini 14 or substantially-similar model weapon;
Any Springfield Armory M1A or substantially similar model weapon;
Any of the hundreds of rifles and shotguns listed on this list links to PDF file —Appendix A to 18 U.S.C. § 922, as appearing on September 13, 1994;
Any weapon that is operated by manual bolt, pump, lever, or slide action;
Any weapon that is an antique, relic, or theatrical prop;
Any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;
Any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.
This list is not exhaustive; it is meant for illustrative purposes only. Many other weapons are not assault weapons or “copies or duplicates” of assault weapons.

Q: Are any .22 caliber rimfire rifles affected by the Enforcement Notice?

No. However, a weapon that is manufactured as an Assault Weapon cannot be made legal by alterations that allow it to discharge .22-caliber ammunition.

Q: Does this Enforcement Notice change which semi-automatic pistols may be sold in Massachusetts?

No. The Enforcement Notice makes no change to the list of handguns, including semi-automatic pistols, on the current version of the state’s Approved Firearms Roster. The most recent list (August 2016) is available here links to PDF file links to PDF file. The Massachusetts Assault Weapons Ban does prohibit the sale of five semi-automatic pistols, the INTRATEC TEC-9, TEC-DC9 and TEC-22; and the Action Arms Israeli Military Industries UZI and Galil. Only these weapons and copies or duplicates of these specific pistols are prohibited under the ban, and none appear on the approved list. Handguns are still subject to MA 940 CMR 16.00 et seq Consumer Protection Regulation.

For more information, please visit the Assault Weapon Ban Enforcement page.

 

[jasons]

Not sure if this made it onto the thread, but I came across this today.
Some "Clarification"
http://www.mass.gov/ago/public-safety/guns-that-are-not-assault-weapons.html

I like the first version better.

View attachment Guns That Are Not Assault Weapons20160817.pdf

 

[Gillham]

I like the first version better.

View attachment 175960

Me too. Flood gates were open for all of how many hours before they fixed it?..

 

[agrimley]

I've called a total of 10 Mass FFLs in the past few days. Around me (495 belt) and out west. None of them will touch anything AR. One of them said transferring a pre-ban rifle into Mass has never been legal. What???

The same guy also said he would do a transfer from within the state. Do people actually do that? I thought a private sale could be taken care of by both private parties?

I've never had to use an FFL as my firearms are all handguns bought from big box stores. Looking for a rifle now and having a ball...

 

[jasons]

I've called a total of 10 Mass FFLs in the past few days. Around me (495 belt) and out west. None of them will touch anything AR.

Not surprising.

One of them said transferring a pre-ban rifle into Mass has never been legal. What???

That is the opinion of some people.

The same guy also said he would do a transfer from within the state. Do people actually do that?

Yes

I thought a private sale could be taken care of by both private parties?

Sometimes but not always.

I've never had to use an FFL as my firearms are all handguns bought from big box stores. Looking for a rifle now and having a ball...

The big box stores that sell handguns have an FFL.

 

[agrimley]

Thanks jasons!

 

[MAJoe]

You'll see FFLs used for in-state transfers too if the seller has used up their 4 gun limit of private sales for the calendar year.

 

[greerstyl]

This all seems pretty clear to me. I understand that "interpretation" could play a role as nothing is definitive but according to her follow up article( http://valleypatriot.com/ma-attorney-general-says-shes-not-banning-guns-changing-laws/ ) she clarifies that this was a reminder to GUN DEALERS. More specifically this:

“Over the years, those weapons have still been sold. We wanted to be clear with gun dealers that they need to comply with the law and that those weapons are actually not for sale in Massachusetts. This is not a ban on all semi-automatic weapons. I’m not saying that we are going to take guns away from people. In fact, people who have purchased these guns over the years in good faith, believing they were able to purchase them, can keep them and they can resell them if they wish.”

“But, on a forward going basis we want to be clear that the law in fact, prohibits the sale of these kinds of guns.”

The second sentence I think has been creating confusion but it specifically follows up the prior. The gun dealers are no longer allowed to sell. But "transfers" are allowed for legally purchased.

thoughts?

 

[MAJoe]

This all seems pretty clear to me. I understand that "interpretation" could play a role as nothing is definitive but according to her follow up article( http://valleypatriot.com/ma-attorney-general-says-shes-not-banning-guns-changing-laws/ ) she clarifies that this was a reminder to GUN DEALERS. More specifically this:

“Over the years, those weapons have still been sold. We wanted to be clear with gun dealers that they need to comply with the law and that those weapons are actually not for sale in Massachusetts. This is not a ban on all semi-automatic weapons. I’m not saying that we are going to take guns away from people. In fact, people who have purchased these guns over the years in good faith, believing they were able to purchase them, can keep them and they can resell them if they wish.”

“But, on a forward going basis we want to be clear that the law in fact, prohibits the sale of these kinds of guns.”

The second sentence I think has been creating confusion but it specifically follows up the prior. The gun dealers are no longer allowed to sell. But "transfers" are allowed for legally purchased.

thoughts?

I don't trust it. They are already digging into every transfer after 7/20 to determine if pre-ban or not. If you want to test it, please feel free and let us know. I will not be the second party in that transaction though.

Contact Comm2A and GOAL before you do.

 

[EJFudd]

I don't trust it. They are already digging into every transfer after 7/20 to determine if pre-ban or not. If you want to test it, please feel free and let us know. I will not be the second party in that transaction though.

Contact Comm2A and GOAL before you do.

Do I trust our rabidly anti-2A Dem AG lady who made us all into instant felons in possession?

About as much as I trust ISIS.

 

[jasons]

thoughts?

The same AWB law applies to both dealers and individuals, so think about it....

 

[greerstyl]

I don't trust it. They are already digging into every transfer after 7/20 to determine if pre-ban or not. If you want to test it, please feel free and let us know. I will not be the second party in that transaction though.

Contact Comm2A and GOAL before you do.

Do you have a link about them looking into transfers? And I assume there has been hundreds, anything actually happen yet?

Thanks

 

[greerstyl]

The same AWB law applies to both dealers and individuals, so think about it....

where does it clarify that