Practical Implications of H4885 for Purchasing and Possessing

[milktree]

First off, I promise I read through all the other threads and waded through rivers of shit posts before asking here…

Can any one tell me if there is any clear guidance on selling a pre ‘94 colt sporter rifle locally at the moment in a post 8/1 world?

I bought it years ago in the state. I have the FA10 from that time. I was hoping to consign it at a shop so they can do the work and I can pick something else up on my wishlist. I don’t know if shops are taking pre bans into inventory anymore TBH. No one answers the phone anymore! Couple that with someone posting some trash about needing to run a background check for private sales and I’m a sad panda.

Would an emergency preamble muck this up any further? Tony from the YouTube says pre’94 is g2g. But how Tony, how?

I’m hoping to keep things above board and pass this along in-state in the next few months. Won’t come with any preban mags sadly…

Last but not least, “I KNOW WHAT I HAVE!” lol God bless

§131M(b):

(b) Subsection (a) shall not apply to an assault-style firearm lawfully possessed within the commonwealth on August 1, 2024,

You will be able to sell it. yes.

 

[ZacD]

§131M(b):

(b) Subsection (a) shall not apply to an assault-style firearm lawfully possessed within the commonwealth on August 1, 2024,

You will be able to sell it. yes.

Thanks to you both. Never been to the Mill but figure there might be someone there who would take it on…

Any recommendations on shops (north of boston) that are good with consignment sales would be appreciated.

 

[HorizontalHunter]

Thanks to you both. Never been to the Mill but figure there might be someone there who would take it on…

Any recommendations on shops (north of boston) that are good with consignment sales would be appreciated.

You are already a member so it wouldn’t cost anything to list it here in the classifieds.

 

[Hombiez]

Looks like GOAL may be on board with this interpretation now:

"Effective Dates

Assault Style Firearms

7/20/2016 – GOAL thinks this is a meaningless date in the language; coincides with then-Attorney General Healey’s “enforcement notice” regarding so-called enumerated and duplicates and copies of “assault weapons” now referred to as “assault-style firearms” (ASFs) in the new statute.

9/13/1994 – Grandfather date only applies to “pre-ban” “large capacity” magazines. Any such magazines that were possessed within the Commonwealth on or before that date are legal to possess and transfer in the Commonwealth with an LTC.

8/1/24 – Grandfather date for any “assault-style firearms” possessed, purchased and “registered*” on or before 8/1/24 preventing them from being “unlawful” according to the new law. Applies to enumerated ASFs, duplicates and copies, as well as those that meet the new “2 scary features” test; so all ASFs; including unfinished or home-built ASFs."

But it doesn't reflect this elsewhere on their site. H.4885 Timeline

 

[Jconnor93]

How does this effect the cmp?

 

[calsdad]

4473 is federal and is required for firearms as defined by the feds, nothing more.

The ammo tracking nonsense is state. The recording requirement won’t involve a 4473.

Yeah - sorry , I meant the state form.

 

[milktree]

Yeah - sorry , I meant the state form.

eFA10? It’s (probably) going away to be replaced with whatever the state comes up with for the registration database

It’ll be interesting to see what fields they use for ammo sales.

 

[Rockrivr1]

eFA10? It’s (probably) going away to be replaced with whatever the state comes up with for the registration database

It’ll be interesting to see what fields they use for ammo sales.

I was under the impression that the EFA-10 process was basically untouched in the new law. Then again, you never know.

 

[pastera]

I was under the impression that the EFA-10 process was basically untouched in the new law. Then again, you never know.

It's expanded to a full registry where both the seller and purchaser have legal requirement to comply.

 

[EJFudd]

Looks like GOAL may be on board with this interpretation now:

"Effective Dates

Assault Style Firearms

7/20/2016 – GOAL thinks this is a meaningless date in the language; coincides with then-Attorney General Healey’s “enforcement notice” regarding so-called enumerated and duplicates and copies of “assault weapons” now referred to as “assault-style firearms” (ASFs) in the new statute.

9/13/1994 – Grandfather date only applies to “pre-ban” “large capacity” magazines. Any such magazines that were possessed within the Commonwealth on or before that date are legal to possess and transfer in the Commonwealth with an LTC.

8/1/24 – Grandfather date for any “assault-style firearms” possessed, purchased and “registered*” on or before 8/1/24 preventing them from being “unlawful” according to the new law. Applies to enumerated ASFs, duplicates and copies, as well as those that meet the new “2 scary features” test; so all ASFs; including unfinished or home-built ASFs."

But it doesn't reflect this elsewhere on their site. H.4885 Timeline

I see GOAL is still pushing the "registered under the old system" thang for grandfathering.

 

[milktree]

I was under the impression that the EFA-10 process was basically untouched in the new law. Then again, you never know.

I had to check, 'cuz it would be hilarious if there was the registration requirement as well as the transaction reporting requirement of the new 121B

But no..

SECTION 41 of H.4885 deletes the entirety of the current MGL C. 140 § 128A and replaces it with new language that doesn't include any FA10 nonsense.

 

[not new guy]

It's expanded to a full registry where both the seller and purchaser have legal requirement to comply.

EFA11

 

[BroncoAZ]

I had to check, 'cuz it would be hilarious if there was the registration requirement as well as the transaction reporting requirement of the new 121B

But no..

SECTION 41 of H.4885 deletes the entirety of the current MGL C. 140 § 128A and replaces it with new language that doesn't include any FA10 nonsense.

Makes you wonder if the point is to drive all transactions to FFL’s rather than having a mechanism for direct personal transfers.

 

[Rockrivr1]

Makes you wonder if the point is to drive all transactions to FFL’s rather than having a mechanism for direct personal transfers.

If it does then basically it will eliminate all non-roster guns from being sold in State as FFLs will not transfer guns that they consider sketchy.

 

[milktree]

Makes you wonder if the point is to drive all transactions to FFL’s rather than having a mechanism for direct personal transfers.

Yes. When the 121B system doesn't work or is offline or is unmaintained, they can arrest you for not doing the thing you can't do.

 

[EJFudd]

Makes you wonder if the point is to drive all transactions to FFL’s rather than having a mechanism for direct personal transfers.

I'm sure that Maura and Andrea would love requiring that... right after they put most of the state's FFLs out of business.

 

[MAJoe]

I see GOAL is still pushing the "registered under the old system" thang for grandfathering.

And still pushing preban mags need to be “in the commonwealth”.

 

[CrackPot]

Looks like GOAL may be on board with this interpretation now:

"Effective Dates

Assault Style Firearms

7/20/2016 – GOAL thinks this is a meaningless date in the language; coincides with then-Attorney General Healey’s “enforcement notice” regarding so-called enumerated and duplicates and copies of “assault weapons” now referred to as “assault-style firearms” (ASFs) in the new statute.

9/13/1994 – Grandfather date only applies to “pre-ban” “large capacity” magazines. Any such magazines that were possessed within the Commonwealth on or before that date are legal to possess and transfer in the Commonwealth with an LTC.

8/1/24 – Grandfather date for any “assault-style firearms” possessed, purchased and “registered*” on or before 8/1/24 preventing them from being “unlawful” according to the new law. Applies to enumerated ASFs, duplicates and copies, as well as those that meet the new “2 scary features” test; so all ASFs; including unfinished or home-built ASFs."

But it doesn't reflect this elsewhere on their site. H.4885 Timeline

This is the first time GOAL is posting something I am almost aligned with. Not sure what happened, but they seem to have finally figured it out. Not sure why they say "registered" in quotes since the language is clear. SHALL BE registered in compliance with 121B. SHALL BE is future tense. So not current or past. Not "registered" by 8/1, but SHALL BE registered in compliance with 121B. But otherwise not bad

As you said, now they have to go fix all their other collateral on their site, facebook, etc. Their early posts were embarrassingly bad.

 

[bostonelli]

Prize of the year goes to the company that gets a semi auto shotgun that also works by a switch as a pump shotgun on the roster.

Doesn’t the benelli m3 do this?

 

[bostonelli]

No. If they had a pistol grip it would be an assault weapon. But just the 7rd tube alone is a felony. It’s a LCFD.

Isn’t a 7 round tube on a semi auto shotgun ok as long as it doesn’t have a pistol grip?

 

[M1911]

Doesn’t the benelli m3 do this?

Yes, it does. And that feature is a pointless complication in my opinion.

 

[CrackPot]

Isn’t a 7 round tube on a semi auto shotgun ok as long as it doesn’t have a pistol grip?

No. w/o the pistol grip it is likely not an assault weapon under the current law and not a ASF under the new law. But the 7rd tube all by itself is illegal. You are limited to 5 round tubes for semi auto shotguns

 

[Yotacrawler]

No. w/o the pistol grip it is likely not an assault weapon under the current law and not a ASF under the new law. But the 7rd tube all by itself is illegal. You are limited to 5 round tubes for semi auto shotguns

I have a shotgun question on the KSG, I don’t think it has been asked. It is a pump but the 12Ga has two six round tubes and the .410 has two five round tubes. Will these go away as well after 10/23 or can they still be imported to MA and sold until then?

 

[CrackPot]

I have a shotgun question on the KSG, I don’t think it has been asked. It is a pump but the 12Ga has two six round tubes and the .410 has two five round tubes. Will these go away as well after 10/23 or can they still be imported to MA and sold until then?

The current law says a pump shotgun is not a large capacity weapon which sets up a conflict with the fact that 6 rounds is a large capacity feeding device for a shotgun and illegal. So under the current law we have relied on this conflicting issue, how can you charge someone with a violation for a LCFD permanently attached to a non LCW?

The new law clarifies that a tube over 5 rounds on a pump shotgun is lawful.

The real question is, will it make it on a roster of approved firearms

 

[Yotacrawler]

The current law says a pump shotgun is not a large capacity weapon which sets up a conflict with the fact that 6 rounds is a large capacity feeding device for a shotgun and illegal. So under the current law we have relied on this conflicting issue, how can you charge someone with a violation for a LCFD permanently attached to a non LCW?

The new law clarifies that a tube over 5 rounds on a pump shotgun is lawful.

The real question is, will it make it on a roster of approved firearms

Thank you.

 

[souper]

This is the first time GOAL is posting something I am almost aligned with. Not sure what happened, but they seem to have finally figured it out. Not sure why they say "registered" in quotes since the language is clear. SHALL BE registered in compliance with 121B. SHALL BE is future tense. So not current or past. Not "registered" by 8/1, but SHALL BE registered in compliance with 121B. But otherwise not bad

As you said, now they have to go fix all their other collateral on their site, facebook, etc. Their early posts were embarrassingly bad.

GOAL’s timeline has existed and contradicted the rest of their site for 2 weeks now. They either have too many cooks in the kitchen or not enough.

 

[pastera]

Looks like GOAL may be on board with this interpretation now:

"Effective Dates

Assault Style Firearms

7/20/2016 – GOAL thinks this is a meaningless date in the language; coincides with then-Attorney General Healey’s “enforcement notice” regarding so-called enumerated and duplicates and copies of “assault weapons” now referred to as “assault-style firearms” (ASFs) in the new statute.

9/13/1994 – Grandfather date only applies to “pre-ban” “large capacity” magazines. Any such magazines that were possessed within the Commonwealth on or before that date are legal to possess and transfer in the Commonwealth with an LTC.

8/1/24 – Grandfather date for any “assault-style firearms” possessed, purchased and “registered*” on or before 8/1/24 preventing them from being “unlawful” according to the new law. Applies to enumerated ASFs, duplicates and copies, as well as those that meet the new “2 scary features” test; so all ASFs; including unfinished or home-built ASFs."

But it doesn't reflect this elsewhere on their site. H.4885 Timeline

The bolded part is not supported in the actual text of the law

Section 131M.

(a) No person shall possess, own, offer for sale, sell or otherwise transfer in the commonwealth or import into the commonwealth an assault-style firearm, or a large capacity feeding device.​

(b) Subsection (a) shall not apply to an assault-style firearm lawfully possessed within the commonwealth on August 1, 2024, by an owner in possession of a license to carry issued under section 131 or by a holder of a license to sell under section 122;​

provided, that the assault-style firearm shall be registered in accordance with section 121B and serialized in accordance with section 121C.

Since sections 121B and 121C do not exist, those requirements are future requirements.

 

[drgrant]

How would the police even know if it doesn't have a date on it?

Just like anything else they really don't know anything without having a "full investigation of the object" which is why the law is all the more farcical

 

[pastera]

I have a shotgun question on the KSG, I don’t think it has been asked. It is a pump but the 12Ga has two six round tubes and the .410 has two five round tubes. Will these go away as well after 10/23 or can they still be imported to MA and sold until then?

The current law says a pump shotgun is not a large capacity weapon which sets up a conflict with the fact that 6 rounds is a large capacity feeding device for a shotgun and illegal. So under the current law we have relied on this conflicting issue, how can you charge someone with a violation for a LCFD permanently attached to a non LCW?

The new law clarifies that a tube over 5 rounds on a pump shotgun is lawful.

The real question is, will it make it on a roster of approved firearms

Pump shotgun tubes are by definition NOT LCFS

249 “Large capacity feeding device”, (i) a fixed or detachable magazine, belt, drum, feed strip or similar device that has a capacity of, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells; or (ii) any part or combination of parts from which a device can be assembled if those parts are in the possession or control of the same person; provided, however, that “large capacity feeding device” shall not include:

(a) any device that has been permanently altered so that it cannot accommodate more than 10 rounds of ammunition or more than 5 shotgun shells;​

(b) an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition; or​

(c) a tubular magazine that is contained in a lever-action firearm or on a pump shotgun.​

 

[inerlogic]

And here we go......Ordered some Magpul followers from Larry to repair/upgrade a few mags...no Bueno, order cancelled. However I did order brass in the same order and that was ok.

i'm on hold waiting for customer service, i'll be sure to ask them which law they claim prevents them from shipping....
then i'll happily tell them that their competition in Iowa will gladly take my money.... f***ing cucks...