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MA Assault Weapons Ban "AWB" FAQ

What I found...As long as it's for personal use I should be good to go. Correct?

I know there is a big hubbub about casper-type friendly firearms. Any advice for any potential builds?
 
cdynak said:
What I found...As long as it's for personal use I should be good to go. Correct?

I know there is a big hubbub about casper-type friendly firearms. Any advice for any potential builds?
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What is your specific question? What are you trying to build? Do you have an LTC-A?
 
MAJoe said:
What is your specific question? What are you trying to build? Do you have an LTC-A?
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MAJoe, I do have a LTC-A. Fairly recently acquired. The 2020 summer of love lit a fire under my rear.

Is there a rule regarding marking/serialization?
 
cdynak said:
MAJoe, I do have a LTC-A. Fairly recently acquired. The 2020 summer of love lit a fire under my rear.

Is there a rule regarding marking/serialization?
Click to expand...
No rule state or federal rule to mark at this time. When you fill out the eFA-10 you can use “none”, “NSN”, or similar when it asks for serial number.

I haven’t read the new ATF rule in detail and how it’ll impact private non-licensees. I think internet consensus was it’ll impact the sale and what needs to be serialized and undergo a background check before someone can purchase.

Suggest giving the new rule a read and seeing if it’ll impact you.
 
MAJoe said:
No rule state or federal rule to mark at this time. When you fill out the eFA-10 you can use “none”, “NSN”, or similar when it asks for serial number.

I haven’t read the new ATF rule in detail and how it’ll impact private non-licensees. I think internet consensus was it’ll impact the sale and what needs to be serialized and undergo a background check before someone can purchase.

Suggest giving the new rule a read and seeing if it’ll impact you.
Click to expand...
Thanks for the knowledge. Then I won't serialize as I would build for my own use.

Aero Precision and Palmetto will not ship to Mass. Are those parts available in NH gun shops? Will NH gun shops sell to Mass residents?
 
cdynak said:
Thanks for the knowledge. Then I won't serialize as I would build for my own use.

Aero Precision and Palmetto will not ship to Mass. Are those parts available in NH gun shops? Will NH gun shops sell to Mass residents?
Click to expand...

Are you buying an 80% or stripped lower? Stripped lower is already serialized, needs a 4473 and background check done by an FFL, and needs to be transferred to you in your state of residence (i.e., MA). Or are you just buying parts like an upper, barrel, etc.?
 
MAJoe said:
Are you buying an 80% or stripped lower? Stripped lower is already serialized, needs a 4473 and background check done by an FFL, and needs to be transferred to you in your state of residence (i.e., MA). Or are you just buying parts like an upper, barrel, etc.?
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I would be buying upper components and barrel.
 
drgrant said:
Background:
What is the MA AWB?

The "Assault Weapons" ban in MA is almost a verbatim version of the Federal AWB that existed from 1994 - 2004.

This is how it is currently encoded in MA law:
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121

The "Assault Weapons" ban in MA did not expire in 2004, and a "cosmetic" bill was filed, passed, and then signed into law by romney (although it is arguable that such an extension was unecessary anyways, as the MA AWB had no sunset clause written into it to begin with. ).

How so called "Assault Weapons" are defined by the law:

Rifles:
(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;

NOTE WELL: Given (B), this means that things like PUMP and BOLT ACTION rifles are EXEMPT from the AWB.


Handguns/Pistols:
(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--
(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
(iii) 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;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm; and

Shotguns:
(D) a semiautomatic shotgun that has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.'.

NOTE: Given (D) this means that break open, pump, bolt action shotguns are exempt from the AWB.

How the AWB applies to Magazines (eg, so called "Large Capacity Feeding Devices" under MGL):

The federal ban stipulated a ban on "Large Capacity Feeding Devices", and this is the MGL version:


What this means in english is that within the borders of MA, you cannot legally own/possess a magazine that meets the description above (unless the magazine was made on or before 9/13/94). You're probably wondering what an attached tubular device is"- think feeding tube on a tube fed .22 LR rifle like a Marlin or some of the old Winchesters. This carve out was stuck in the law to keep the fudds from getting upset when it got passed.

It should also be noted that the MA version of this law does not include the extra definition in Federal Law (reference to be added later) that used to define a standard of evidence for what constituted a "Large Capacity Feeding Device". Therefore, the means of prosecution with regards to magazines is not laid out in state law like it used to be on the Federal side. This means that how someone would be prosecuted for violating the mag ban is anyone's guess. Federal law rather FIRMLY put the burden of proof on the part of the state, even going so far as to stipulate that an unmarked mag that was claimed to be preban was to be taken at face value. This is not the case under MGL and enforcement is very unclear.

Exemptions: (This is important!)

The MA AWB does not apply in the following scenarios:

-The Rifle/Shotgun/Pistol was an "Assault Weapon" or in the case of a magazine holding more than 10 rounds, a "Large Capacity feeding device" manufactured on or before 9/13/94. Note: In order to qualify for this exemption, the device must have existed "in AW configuration" the date the law was enacted. This caveat, of course, is rarely proveable one way or the other.

-The device in question is possessed by an MA FFL or a LEO (for use in performance of their duties)

Note: This exemption is "murky" at best. The "commonly accepted" interpretation is the dealers are AWB exempt because they supposedly are able to sell AWs and the like to Law Enforcement, and the LE exemption is doubly murky, depending on who you talk to.

-The device in question is possessed by someone in US Military service under orders, or someone employed in a Federal law enforcement job as issued duty gear- issued gear is immune due to an overriding federal law more than likely. The protections ascribed to here likely do not apply beyond the scope of whatever the job you have is or whatever gear
you are issued.

-The device in question is not an "assault weapon" as described above or a large capacity feeding device. EG, a 10 round cripple mag is obviously not covered/governed by the AWB.
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Okay. My head is spinning with what is legal and what is not legal for MA in terms of AR-15's.

Can anyone tell me if either of the following guns is legal to buy/have in MA:

Ruger Introduces State Compliant AR-556



This is a NJ Compliant S&W 15 Sport II. It seems to have all of the restrictions that MA requires. Is it legal to buy/have in MA?

M&P 15 Sport II | Smith & Wesson
 
JNAP said:
Okay. My head is spinning with what is legal and what is not legal for MA in terms of AR-15's.

Can anyone tell me if either of the following guns is legal to buy/have in MA:

Ruger Introduces State Compliant AR-556



This is a NJ Compliant S&W 15 Sport II. It seems to have all of the restrictions that MA requires. Is it legal to buy/have in MA?

M&P 15 Sport II | Smith & Wesson
Click to expand...
Buy whatever you want in terms of AR-XX from a local FFL and have them make it MA compliant. Easy.
 
DarkJoker33 said:
I got a dumb one that I can't remember.
Threaded rifle barrel 16+ inch w/o muzzle device.

Does it still have to be pin/welded?

My gut says yes
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A semiauto rifle with detachable mag can have no more than one of the following "evil" features: folding or collapsing stock, pistol grip, bayonet lug, grenade launcher, flash hider or threaded muzzle to accept a FH.
 
DarkJoker33 said:
I got a dumb one that I can't remember.
Threaded rifle barrel 16+ inch w/o muzzle device.

Does it still have to be pin/welded?

My gut says yes
Click to expand...

Bolt-1 said:
You mean according to the MA AWB or Legally ?
Click to expand...

I don't own such a rifle. I look at the AWB and I've only seen the need to not have >=2 evil features. And if I'm right on that (oh, so many times have I been wrong...) I've never understood all this "pinned and welded" "compliance work" etc.

I thought you just needed to NOT do >= 2 of:
Mesatchornug said:
A semiauto rifle with detachable mag can have no more than one of the following "evil" features: folding or collapsing stock, pistol grip, bayonet lug, grenade launcher, flash hider or threaded muzzle to accept a FH.
Click to expand...
...to be legal.

I've never understood where all this "pinned and welded" genital mutilation of rifles came from...
(but perhaps I just can't read Chapter & Subsection, I just don't see it)
 
chuckules said:
I don't own such a rifle. I look at the AWB and I've only seen the need to not have >=2 evil features. And if I'm right on that (oh, so many times have I been wrong...) I've never understood all this "pinned and welded" "compliance work" etc.

I thought you just needed to NOT do >= 2 of:

...to be legal.

I've never understood where all this "pinned and welded" genital mutilation of rifles came from...
(but perhaps I just can't read Chapter & Subsection, I just don't see it)
Click to expand...
Fewer than 2 (equal to would be bad)
By blind pinning and welding the muzzle device it becomes "permanently attached," negating the threads and/or achieving minimum length for NFA compliance
 
Are there currently any law suites pending regarding the ban? If not what was the reason the law was upheld? Seems Oregon is filing suite to not become Massachusetts so I'm wondering what they're facing.
 
Mesatchornug said:
A semiauto rifle with detachable mag can have no more than one of the following "evil" features: folding or collapsing stock, pistol grip, bayonet lug, grenade launcher, flash hider or threaded muzzle to accept a FH.
Click to expand...

So, a collapsing stock is OK, as long as only 1 other item? I thought collapsible stocks were not allowed no matter what else.
 

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