quinnjalan
NES Member
New acronym DAP
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Practical Implications of H4885 for Purchasing and Possessing
- Thread starter CrackPot
- Start date
So its a post Healey preamble pistol, was it a pre Healey or post Healey rifle?
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that's what happened to me with a NES group buy many moons ago for stripped lower. mine when through four seasons and they had it ef10 as a riffle with 0" barrel.
Wanted to lay this out there for those interested in privately made firearms and every instance mentioned in the new law.
Definition
Section 121B (a)(1)
121B (a)(2)
Section 121C (c)(d)(e)(f)
Section 121E (c)(2)(xiii)
Definition
Section 121B (a)(1)
121B (a)(2)
Section 121C (c)(d)(e)(f)
Section 121E (c)(2)(xiii)
Looking back through the new registration law… it appears as though any currently owned firearms do not need to be registered. The law stipulates registering “import, purchase, acquisition, manufacture or assembly”.
As far as I can see, the law says nothing about registering what you already possess at the time of the law going into effect.
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That’s my take as well.
Any privately made firearms post 10/2 would be in the grey area. The burden of proof is on the State and there is no way to prove dates of any new assemblies or manufacturing. As per OP post this is certainly the case.
How many lowers are out there waiting to be built out? How many have been built out already?
FRB was adamant about out of staters not needing to log anything into the EFA10 and to wait until 121B.
As usual it is loaded with ambiguity.
At the beginning of the registration section it states that all firearms possessed must be registered.
Section 121B.(a)(1) The department of criminal justice information services shall develop and maintain a real time electronic firearms registration system. All firearms possessed, manufactured or assembled in the commonwealth shall be registered in accordance with this section.
Right, when the system is up and running people have one year to populate it.
They will let us know about it later:
437 (f) The executive office of public safety and security shall promulgate regulations for the implementation of this section, which shall include information required for the registration and reporting of firearms, public notice and an outreach campaign to promote awareness of this section.
2429 SECTION 154. Not later than 6 months after the effective date of this act, the executive office of public safety and security shall notify all individuals with licenses to carry and firearm identification cards valid on the effective date of this act of the requirements under section 121B and 121C of chapter 140 of the General Laws, as inserted by section 32.
And we have one year to do it:
SECTION 157. The department of criminal justice information services shall establish the electronic firearms registration system established pursuant to section 121B of chapter 140 of the General Laws, as inserted by section 32, not later than 1 year after the effective date of this act; provided, that all firearms shall be registered in accordance with this act and not later than 1 year after said electronic firearms registration system is completed and publicly available.
In (e) the penalty is applied to (a) so that means all firearms at the 1 year after the EFRS is live.
Section 2 deals with the real time use of the database, and delays for reposting certain types of transactions. Secation 1a deals with the board requirement of universal registration. The database implementation delay clauses state “they will tell us how to do it later”
contot
NES Member
Simple question
Is HD4885 just the latest version of hd4420?
Or a separate law
Is HD4885 just the latest version of hd4420?
Or a separate law
That was the final version of the Bill which was signed into Law and is now in effect.
contot
NES Member
Hah copy that i found my answer then saw yours I agree
pastera
NES Member
Much easier for people to read and use if you copy & format the text
4885 Section 32 said:
pastera
NES Member
Section 121B(a)(1) said:
No, as of the end of the exemption period, every firearm must be registered.
Section 157 said:
pastera
NES Member
Shall is an imperative and immediately active.
Section 157 delays enactment of the registry but doesn't actually state that 121B(e) is delayed
section 121B said:
pastera
NES Member
And for those that believe that it is a big lift to update the Transaction portal to be the registry - here is what the registry needs to collect:
(i),(ii),(iii) and (v) are all part of the current database.
(iv) is an easy addition that can be populated automatically if the current transaction was done by a dealer
(vi) is an easy checkbox field to add
(vii) is a given since you can only access the portal with an active license.
(i),(ii),(iii) and (v) are all part of the current database.
(iv) is an easy addition that can be populated automatically if the current transaction was done by a dealer
(vi) is an easy checkbox field to add
(vii) is a given since you can only access the portal with an active license.
If they don't add a facility that moves records around or allows you to request a deletion it's just another half assed system. I am hoping that EOPS turtles on this shit and when some fag asks why it doesn't exist they go "well, it's an unfunded mandate".
If they don't add a facility that moves records around or allows you to request a deletion it's just another half assed system. I am hoping that EOPS turtles on this shit and when some fag asks why it doesn't exist they go "well, it's an unfunded mandate".
© 2011 Massachusetts Department of Criminal Justice Information Services
Version 1.1
No. That was easier for me.
Subsection e says all firearms shall be registered, but again, it stipulates “in accordance with this section”. And in accordance with the section only stipulates when import, purchase, acquisition (transfers described in subsection b), manufacture or assembly.
So yes. ALL firearms need to be considered for the subsection an and b requirements. But take a look at your existing firearms, do they fall in any of those subsection a and b buckets that require registration in accordance with this section?
Firearm registrations explicitly apply to those instance of obtaining or making firearms listed, and the registration shall be done within 7 days of such event. So I’m sure any obtained after the law went into effect will have to retroactively be done once the system is online.
But nothing in this section seems to require retroactive registration of currently owned firearms. Any reference to “all firearms shall be registered” are qualified with “in accordance with this section”. And the section doesn’t say:
“Firearm registration shall be completed at the time of firearm import, purchase, acquisition, manufacture or assembly, or any firearms possessed on the date this law is enacted
Or similar wording.
Yes, tell us how to do it later, as in “here is how you access the system and perform the required registrations”. The law itself already explicitly states which events trigger registration.
I’m guessing you’re referring to Section 121B. (a)(1) and (a)(2). Yes, (a)(1) is just saying “firearms need to be registered in accordance with this section using the real time database and need to contain the following information.” (A)(2) says what events trigger a registration and how long you have to register (once the system is online). (A)(2) does not include a catch for existing firearms already possessed.
So peasants will have to remember who/where they purchased a firearm 15, 20, etc years ago?
What’s the chance this “registration” shit gets tossed in court?
pastera
NES Member
You were saying that privately manufactured firearms are a grey area under the new registration requirements - I was responding to that. My inclusion of the delay in the implementation was for completeness.
Not only are they not in a grey area, you cannot legally personally manufacture a firearm at this time as you are required to request and receive the serial number prior to start of manufacture.
