Massachusetts Democrats seek to ban parts that could be used to make suppressors

[one-eyed Jack]

I gave all my suppressors to Little Jack to play with. Jack.

 

[Gasgunner]

Yes it is, build one today and let the ATF know when you’re done. Not on a Form 1, exactly how some dude in Mass would build one. I can’t believe I’m still trying to explain this to a guy who used constructive intent. You’re not too bright are you.

The insults are just childish, especially when you’re wrong. If silencers were “illegal on a federal level” you would not be able to build or own one. Period. Silencers are federally regulated, and illegal on a state level in Massachusetts. In fact, they are only legal at a federal level which is why YHM’s 07/02 permits them to build them in Massachusetts.

 

[Rob Boudrie]

All I asked for was a clarification of his statement that silencers are “illegal at a federal level”. Instead he doubles down with insults added. If anything, silencers are *only* legal at a federal level. That’s why YHM’s 07/02 supersedes state law and allows them to manufacture in Massachusetts. Silencers are federally regulated and (in this case) illegal at a state level.

More a question of terminology than effect in MA, but getting into anal-retentive mode:

Federal law does not supersede stat law except when it is more restrictive than state law. MGL Chapter 269 Section 10A provides an exemption to the can-ban for federally licensed manufacturers:

Section 10A: Selling, giving or using silencers; confiscation and destruction​

Section 10A. Any person, other than a federally licensed firearms manufacturer, an authorized agent of the municipal police training committee, or a duly authorized sworn law enforcement officer while acting within the scope of official duties and under the direct authorization of the police chief or his designee, or the colonel of the state police, who sells or keeps for sale, or offers, or gives or disposes of by any means other than submitting to an authorized law enforcement agency, or uses or possesses any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm shall be punished by imprisonment for not more than five years in state prison or for not more than two and one-half years in a jail or house of correction. Nothing contained herein shall be construed to prohibit a federally licensed firearms manufacturer from selling such instrument, attachment, weapon or appliance to authorized law enforcement agencies for law enforcement purposes or to the municipal police training committee for law enforcement training. Upon conviction of a violation of this section, the instrument, attachment or other article shall be confiscated by the commonwealth and forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall destroy said article.​

Similarly, an 07+SOT does not supersede MA law and allow possession of a full auto without currently having a MA maching gun license (a/ka/ Green Card)

If federal law truly superseded state law, it would be legal for me to move into RI, NY or a bunch of other states not allowing SBRs as long as I have a form 1 or form 4 for the gun (would need to file a 5320.20 and perhaps a change of address for the NFA registry)

S&W moved their HQ because MA Is discussing banning the manufacturer of ARs in the state. If federal law on such matters "superseded" MA law, S&W could have instead responded with "I bite by thumb at thee".

Please correct any error on my part - I am not trying to offend or criticize, just a OCDish pursuit of technical accuracy.

 

[Gasgunner]

More a question of terminology than effect in MA, but getting into anal-retentive mode:

Federal law does not supersede stat law except when it is more restrictive than state law. MGL Chapter 269 Section 10A provides an exemption to the can-ban for federally licensed manufacturers:

Section 10A: Selling, giving or using silencers; confiscation and destruction​

Section 10A. Any person, other than a federally licensed firearms manufacturer, an authorized agent of the municipal police training committee, or a duly authorized sworn law enforcement officer while acting within the scope of official duties and under the direct authorization of the police chief or his designee, or the colonel of the state police, who sells or keeps for sale, or offers, or gives or disposes of by any means other than submitting to an authorized law enforcement agency, or uses or possesses any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm shall be punished by imprisonment for not more than five years in state prison or for not more than two and one-half years in a jail or house of correction. Nothing contained herein shall be construed to prohibit a federally licensed firearms manufacturer from selling such instrument, attachment, weapon or appliance to authorized law enforcement agencies for law enforcement purposes or to the municipal police training committee for law enforcement training. Upon conviction of a violation of this section, the instrument, attachment or other article shall be confiscated by the commonwealth and forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall destroy said article.​

Similarly, an 07+SOT does not supersede MA law and allow possession of a full auto without currently having a MA maching gun license (a/ka/ Green Card)

If federal law truly superseded state law, it would be legal for me to move into RI, NY or a bunch of other states not allowing SBRs as long as I have a form 1 or form 4 for the gun (would need to file a 5320.20 and perhaps a change of address for the NFA registry)

Please correct any error on my part - I am not trying to offend or criticize, just a OCDish pursuit of technical accuracy.

I’ll concede to your colon clenching if you will agree that the only reason the exemption in the mass law exists is because of the 07/02 being federally issued. Meaning, absent the FFL, Mass would never carve out a license standard for manufacturing silencers on it’s own.

 

[Rob Boudrie]

I’ll concede to your colon clenching if you will agree that the only reason the exemption in the mass law exists is because of the 07/02 being federally issued. Meaning, absent the FFL, Mass would never carve out a license standard for manufacturing silencers on it’s own.

We are in 100% agreement.

It is too bad the MA exemption to the AW ban requires a state dealer's license, not just an FFL.

 

[one-eyed Jack]

We are in 100% agreement.

It is too bad the MA exemption to the AW ban requires a state dealer's license, not just an FFL.

Only if you pay any mind to that stupid shit. Last time the PD came to the Mill to "inspect" me I just gave them the Mass dealers license. And the Biz. Cert. After 40 years I know how to make the shit come and go. Jack.

 

[Gasgunner]

Only if you pay any mind to that stupid shit. Last time the PD came to the Mill to "inspect" me I just gave them the Mass dealers license. And the Biz. Cert. After 40 years I know how to make the shit come and go. Jack.

Isn’t the Mass dealers license the only part under his jurisdiction? Are you implying that he should have asked to see your FFL as well?

 

[one-eyed Jack]

Isn’t the Mass dealers license the only part under his jurisdiction? Are you implying that he should have asked to see your FFL as well?

As far as I'm concerned the FFL is for ATF eyes only. It's not issued by the town or state. As is the bound book and the 4473s. The clueless bastards have no guidelines for "inspections" anyway. If they did they would have to be made public. They just took what I gave them, put their tails between their legs and went to have coffee or shoot some dogs. Jack.

 

[Waher]

 

[Len-2A Training]

As far as I'm concerned the FFL is for ATF eyes only. It's not issued by the town or state. As is the bound book and the 4473s. The clueless bastards have no guidelines for "inspections" anyway. If they did they would have to be made public. They just took what I gave them, put their tails between their legs and went to have coffee or shoot some dogs. Jack.

I thought that a number of years ago that Glidden created a cheat-sheet list for inspections by the local PDs

 

[one-eyed Jack]

I thought that a number of years ago that Glidden created a cheat-sheet list for inspections by the local PDs

Could be. Do you have a copy? I'll bet that 98% of the Mass. PDs never do these inspections, or even know that ATF does periodic audits. The Littleton PD has only done them now for the first time because the current COP has a hair across his ass for me and the FFLs at the Mill. He's pissed because he thinks that we put his favorite gun shop, Blue Northern, out of business. He also was making good bucks teaching courses for the LTC certificate and now has competition. Tough shit. Jack.

 

[AHM]

Federal law does not supersede stat law except when it is more restrictive than state law.

False.

Legal domains which the Feds claim as their exclusive purvue
cannot be further regulated by inferior jurisdictions.

For example, see the section "RADIO FREQUENCY INTERFERENCE COMPLETELY PREEMPTED" of Supplemental Information for an Amateur Radio Facility Accompanying Application for a Building Permit, Under §6.9.4.B

If the Feds wanted sole regulatory power over gun manufacturers,
they'd pull the same language out of the same Commerce Clause orifice,
and it would be a total mic-drop to state regulation.

And as long as they had some Commerce Clause ragtime as their rationalization,
the Supremes would be loathe to rule against it,
because vast quantities of the Federal government bureaucracy
are justified on the same grounds. Kick out the jams,
and the whole edifice crumbles. (Just ask Clarence Thomas,
who has a hardon to do just that).

 

[Rob Boudrie]

False.

Legal domains which the Feds claim as their exclusive purvue
cannot be further regulated by inferior jurisdictions.

For example, see the section "RADIO FREQUENCY INTERFERENCE COMPLETELY PREEMPTED" of Supplemental Information for an Amateur Radio Facility Accompanying Application for a Building Permit, Under §6.9.4.B

If the Feds wanted sole regulatory power over gun manufacturers,
they'd pull the same language out of the same Commerce Clause orifice,
and it would be a total mic-drop to state regulation.

And as long as they had some Commerce Clause ragtime as their rationalization,
the Supremes would be loathe to rule against it,
because vast quantities of the Federal government bureaucracy
are justified on the same grounds. Kick out the jams,
and the whole edifice crumbles. (Just ask Clarence Thomas,
who has a hardon to do just that).

Good info. I think there is also something preventing states and localities from banning satellite dishes on residences.

But, NFA weapons restriction is not an area with a federal anti-preemption claim.

 

[Len-2A Training]

Could be. Do you have a copy? I'll bet that 98% of the Mass. PDs never do these inspections, or even know that ATF does periodic audits. The Littleton PD has only done them now for the first time because the current COP has a hair across his ass for me and the FFLs at the Mill. He's pissed because he thinks that we put his favorite gun shop, Blue Northern, out of business. He also was making good bucks teaching courses for the LTC certificate and now has competition. Tough shit. Jack.

Here's the checklist from Glidden's 2016 book.

 

[AHM]

Good info. I think there is also something preventing states and localities from banning satellite dishes on residences.

But, NFA weapons restriction is not an area with a federal anti-preemption claim.

There isn't a claim only until there is one.

 

[Mike S]

Posers gonna pose.

 

[AHM]

We noticed a precipitous drop in lawn squirrels over the past month.
We've only seen one in the past week,
whereas not long ago 2-3 were going non-stop, at a minimum.

We thought it was a pair of red-tailed hawks we've seen orbiting,
but now you've got me wondering...

Now here's a Hitchcockian development:

The Bride is on a never-ending quest to augment my diet
with more fruits and vegetables, particularly including
a teentsy pequeño bowl of blueberries, grapes,
strawberries, or the rare canteloupe chunks for breakfast.

For the past month I've been putting the largest single berry
atop a bottle cap on the front walk outside my window.

Soon after I started feeding the food that I'm fed to the lawn squirrels,
the lawn squirrels have disappeared.

 

[safetyfirst2125]

View: https://twitter.com/massago/status/1462511136650190849?s=21

 

[one-eyed Jack]

Now here's a Hitchcockian development:

The Bride is on a never-ending quest to augment my diet
with more fruits and vegetables, particularly including
a teentsy pequeño bowl of blueberries, grapes,
strawberries, or the rare canteloupe chunks for breakfast.

For the past month I've been putting the largest single berry
atop a bottle cap on the front walk outside my window.

Soon after I started feeding the food that I'm fed to the lawn squirrels,
the lawn squirrels have disappeared.

What the hell is a "lawn squirrel"? Jack.

 

[AHM]

What the hell is a "lawn squirrel"? Jack.

Some linear combination of gray squirrels, red squirrels, and chipmunks.

I don't hold it against chipmunks for hibernating,
but NFW should they be hibernating yet.
So where did they all go, suddenly?

 

[99si/mass]

Jiffy Lube is gonna have a hard time doing oil changes with no filters.

 

[AHM]

Jiffy Lube is gonna have a hard time doing oil changes with no filters.

I'll be there's at least one "Jiffy Lube never spun the new filter onto my car,
and I ruined the engine by driving away leaving a trail like the Exxon Valdez"
tale right here on NES.

 

[microwave900]

False.

Legal domains which the Feds claim as their exclusive purvue
cannot be further regulated by inferior jurisdictions.

For example, see the section "RADIO FREQUENCY INTERFERENCE COMPLETELY PREEMPTED" of Supplemental Information for an Amateur Radio Facility Accompanying Application for a Building Permit, Under §6.9.4.B

If the Feds wanted sole regulatory power over gun manufacturers,
they'd pull the same language out of the same Commerce Clause orifice,
and it would be a total mic-drop to state regulation.

And as long as they had some Commerce Clause ragtime as their rationalization,
the Supremes would be loathe to rule against it,
because vast quantities of the Federal government bureaucracy
are justified on the same grounds. Kick out the jams,
and the whole edifice crumbles. (Just ask Clarence Thomas,
who has a hardon to do just that).

Maybe this ought to go in the ham radio forum, but I want to know what on earth is happening in Newton such that a 61-page document from a lawyer is necessary to build an amateur radio tower in the backyard!

 

[one-eyed Jack]

Maybe this ought to go in the ham radio forum, but I want to know what on earth is happening in Newton such that a 61-page document from a lawyer is necessary to build an amateur radio tower in the backyard!

They're probably 'scairt that you'll climb up the 40ft tower at nite to assemble a suppressor. Jack.

 

[Rob Boudrie]

Jiffy Lube is gonna have a hard time doing oil changes with no filters.

Since when has that stopped them?

 

[Fixxah]

Auto industry will not keep up with all the blown engines due to no oil filters. Bravo!

 

[AHM]

What the hell is a "lawn squirrel"? Jack.

There is an alternative:

Hat tip: Instapundit reader Folk, Jazz, Blues Guitar