Practical Implications of H4885 for Purchasing and Possessing

The store has the ability to print a copy of the FA10 for the transfer from their dealer MIRCS account.
My understanding is that on a stripped lower the MA dealer only completes the 4473 and has no obligation to complete any reporting to the state since the item in question is not a firearm yet. They would complete the FA10 on a complete rifle. Am I wrong on this? I purchased a lower yesterday, I’ll eFA10 it today. I also took a picture of the 4473 on my phone since I didn’t get a paper receipt for the lower.
 

Anyone feeling depressed should read this federal decision chucking the NJ ban-at least for AR15s even though it allows the evil assaulty mag ban.


"...is whether the possession of the AR-15 for use within the home for self-defense is unconstitutional under the Second and Fourteenth Amendments. For the reasons enumerated below, the AR-15 Provision is unconstitutional."
 
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Anyone feeling depressed should read this federal decision chucking the NJ ban.

"...is whether the possession of the AR-15 for use within the home for self-defense is unconstitutional under the Second and Fourteenth Amendments. For the reasons enumerated below, the AR-15 Provision is unconstitutional."
Haven't read yet, but need to see how/if the reluctant progressive judge justified upholding the standard magazine ban.
 

Anyone feeling depressed should read this federal decision chucking the NJ ban.

"...is whether the possession of the AR-15 for use within the home for self-defense is unconstitutional under the Second and Fourteenth Amendments. For the reasons enumerated below, the AR-15 Provision is unconstitutional."
Good but I’m not a fan of the 10 rd mag limitation.
 

Anyone feeling depressed should read this federal decision chucking the NJ ban-at least for AR15s even though it allows the evil assaulty mag ban.


"...is whether the possession of the AR-15 for use within the home for self-defense is unconstitutional under the Second and Fourteenth Amendments. For the reasons enumerated below, the AR-15 Provision is unconstitutional."
If for no other reason than the judge’s obvious frustration at having to rule in our favor… it’s delicious like chocolate ice cream on a hot day.
 
The risk is that they may get added to the ‘ASW roster’ at a later date and banned that way (with no grandfathering)
This has the potential to be a total shit show.

How often will the roster be updated? What happens as new guns are added? Okay to hold if already owned? How is that proven? Can dealer sell if in inventory? If not, how long and how to dispose of?

A scenario where they can add weapons to the roster at whim and say it’s now illegal to have would be as dystopian as it gets in the US.
 

Anyone feeling depressed should read this federal decision chucking the NJ ban-at least for AR15s even though it allows the evil assaulty mag ban.


"...is whether the possession of the AR-15 for use within the home for self-defense is unconstitutional under the Second and Fourteenth Amendments. For the reasons enumerated below, the AR-15 Provision is unconstitutional."
Amazingly narrow all the way down to just the colt ar-15 in the home for defense as that was the defendants limited stated desire. And a true whining by the judge. But a positive outcome.
 
This has the potential to be a total shit show.

How often will the roster be updated? What happens as new guns are added? Okay to hold if already owned? How is that proven? Can dealer sell if in inventory? If not, how long and how to dispose of?

A scenario where they can add weapons to the roster at whim and say it’s now illegal to have would be as dystopian as it gets in the US.
Correct. The ability of EOPS to add what they think belongs on the roster of evil is likely a fail constitutionally on multiple fronts especially now with Chevron deference gone (thank god). It also opens up the arbitrary taking (5th amendment) by executive branch beaurocrats. It could easily get the most liberal of judges tied into a knot ruling in out favor.
 

Anyone feeling depressed should read this federal decision chucking the NJ ban-at least for AR15s even though it allows the evil assaulty mag ban.


"...is whether the possession of the AR-15 for use within the home for self-defense is unconstitutional under the Second and Fourteenth Amendments. For the reasons enumerated below, the AR-15 Provision is unconstitutional."
You can feel the hatred in the judges heart at having to write those words
F'ing awesome. These types of opinions are great since they can't be dismissed as a "bought and paid for NRA guy".
Because the SC hasn't directly addressed magazines as part of the 2nd he shows his true colors and opines from emotion.
 
This has the potential to be a total shit show.

How often will the roster be updated? What happens as new guns are added? Okay to hold if already owned? How is that proven? Can dealer sell if in inventory? If not, how long and how to dispose of?

A scenario where they can add weapons to the roster at whim and say it’s now illegal to have would be as dystopian as it gets in the US.
If it's added then they would need to notify you and give you a reasonable period to dispossess.
That's what a Mass court would allow.

Won't hold up under any level of real review but all we get is a rubber stamp.
 
Does this mean that after 10/23 I can have an adjustable stock on my M&P15-22?

I'm not sure we should continue to point out these types of things in the new law.

We know they watch NES and we should learn our lesson from every time we think they want to learn to educate themselves, they are really just pumping us for info to make the laws even more complex and to ban even more things.
 
There is a problem when positions are stated as fact.

GOALs statement that the healy date in the law has no effect is just that - a position, not a determination or sound legal advice a lawyer would give to protect his client. Those who know they don't know may know more than those who do not know what they do not know.

This issue is not "did Healy have the authoritiah to issue her ban?", but "it is legal to establish a cutoff date in the past for grandfathering". The state cound have picked Arbor Day 2020 as the cutoff date and the legal question would be the same. Even a jusicial finding that Healy did not have the authority to change the law with a notice would not also establish the lack of authority for the legislature to establish a retroactive grandfathering date.

With the usual caveat of "this is my understanding, but it is only that - my understanding, not an official interpretation and got guaranteed to be correct".

Practical Implications of H4885 for Purchasing and Possessing

I think this covers this in more detail. GOAL has too many black and white factual mistakes. They also are clearly taking the most conservative possible position on issues that have massive wiggle room and/or precedent in the other direction and stating them as fact vs making clear they are their conservative guess and clarifying the range of outcomes. As they ARE lawyers I both understand and abhor this. This is not what I want from a lawyer. I want their opinion on risk and a range of answers.

But never mind that. In MA we have case law that a locked glove box is not a locked container because a bad judge and bad defendant. We also have a styrofoam cooler with a bungy cord with a lock is a locked container. MA courts will rule how they want no matter what the law says. So all opinions are essentially worthless until we have binding precedent. SJC has never failed to impress me with their pretzel logic when applying the GUNZ doctrine.
 

This has the potential to be a total shit show.

How often will the roster be updated? What happens as new guns are added? Okay to hold if already owned? How is that proven? Can dealer sell if in inventory? If not, how long and how to dispose of?

A scenario where they can add weapons to the roster at whim and say it’s now illegal to have would be as dystopian as it gets in the US.
I'm thinking pre 10/23 (or 8/1 IDFK) long guns will be treated like pre 98 handguns?
 
Practical Implications of H4885 for Purchasing and Possessing

I think this covers this in more detail. GOAL has too many black and white factual mistakes. They also are clearly taking the most conservative possible position on issues that have massive wiggle room and/or precedent in the other direction and stating them as fact vs making clear they are their conservative guess and clarifying the range of outcomes. As they ARE lawyers I both understand and abhor this. This is not what I want from a lawyer. I want their opinion on risk and a range of answers.

But never mind that. In MA we have case law that a locked glove box is not a locked container because a bad judge and bad defendant. We also have a styrofoam cooler with a bungy cord with a lock is a locked container. MA courts will rule how they want no matter what the law says. So all opinions are essentially worthless until we have binding precedent. SJC has never failed to impress me with their pretzel logic when applying the GUNZ doctrine.
Declaring that the grandfathering deadline as of the HealyBan date is not a conservative view. It is an agenda based view that puts persons who act based on this statement at legal risk.
 
This has the potential to be a total shit show.

How often will the roster be updated? What happens as new guns are added? Okay to hold if already owned? How is that proven? Can dealer sell if in inventory? If not, how long and how to dispose of?

A scenario where they can add weapons to the roster at whim and say it’s now illegal to have would be as dystopian as it gets in the US.
Section 131¾. (a) The secretary of public safety and security shall, with the advice of the firearm control advisory board established in section 131½ compile and publish a roster of assault-style firearms banned under section 131M and a roster of firearms approved for sale and use in the commonwealth using the parameters set forth in section 123. The secretary shall, not less than 3 times annually, review, update, and publish the rosters online, and send a copy to all persons licensed in the commonwealth pursuant to section 122. Licensing authorities shall provide information on these rosters to all permit and card holders and licensees upon initial issuance and every renewal.
 
OK. So nothing changes until 10/23???? Well that state of affairs ended today (on 8/1) when Firearms Licensing stopped accepting Basic Firearms Safety certificates for classes taken after 7/31 for LTC applications unless the class was certified as including all the new training requirements (suicide prevention, de-escalation, live fire etc.) and saying that they were "working diligently" to certify a course and get instructors certified by 10/23/24. For those of you who do not understand the English language this means that if you take a Basic Firearms Safety class today (8/1) and submit an application for an LTC it will not be accepted by the Firearms Licensing and you will not be issued an LTC.

Sorry but I did not read the rest of the Crackpot posting since the first paragraph "The new law was signed on 7/25/24 according to the press release. It was done so without an emergency preamble. This means NOTHING CHANGES until it goes into effect on 10/23/24. All current laws are in effect unchanged until 10/23/24." was already incorrect when I read it this morning. I'm sure there were other good things in it.

Although I agree with the pre-amble that GOAL has had (and still has) it's head up its ass. Thankfully they now have their new website up so it will be possible to join and contribute more money.
 
OK. So nothing changes until 10/23???? Well that state of affairs ended today (on 8/1) when Firearms Licensing stopped accepting Basic Firearms Safety certificates for classes taken after 7/31 for LTC applications unless the class was certified as including all the new training requirements (suicide prevention, de-escalation, live fire etc.) and saying that they were "working diligently" to certify a course and get instructors certified by 10/23/24. For those of you who do not understand the English language this means that if you take a Basic Firearms Safety class today (8/1) and submit an application for an LTC it will not be accepted by the Firearms Licensing and you will not be issued an LTC.

Sorry but I did not read the rest of the Crackpot posting since paragraph 1 was already incorrect when I read it this morning. I'm sure there were other good things in it.
The post is about purchasing and possessing firearms with the new law. Yes, OTHER things have changed, but they are out of scope of the post per the title of the thread. So no, nothing was now wrong in the first paragraph. You are talking about LTCs and training and stuff beyond what I have posted about. I’m talking about current LTC holders and what they can buy and possess based on the new law.

I will let others focus on topics like training and LTC applications. Interestingly I am curious why they would take action today based on a law that has not yet taken effect, but this is MA. Infringement apparently only needs a future law to be acted on today.
 
Some purchasing updates:

Shooting Supply in Westport is open until 10PM today. Total Rapey prices though with Tavors selling for $2500 - Mind you I get it, they need to make what they can prior to losing tons of business due to the roster implications
Outer limits in Hollbrook has a pallet (100) of Sig MCX rifles being delivered today - no idea on pricing
 
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Section 131¾. (a) The secretary of public safety and security shall, with the advice of the firearm control advisory board established in section 131½ compile and publish a roster of assault-style firearms banned under section 131M and a roster of firearms approved for sale and use in the commonwealth using the parameters set forth in section 123. The secretary shall, not less than 3 times annually, review, update, and publish the rosters online, and send a copy to all persons licensed in the commonwealth pursuant to section 122. Licensing authorities shall provide information on these rosters to all permit and card holders and licensees upon initial issuance and every renewal.
Awesome. People get to roll the dice 3 times a year to see if what they currently own is no longer lawful (and do the copies / duplicates test).
 
I'm not sure we should continue to point out these types of things in the new law.

We know they watch NES and we should learn our lesson from every time we think they want to learn to educate themselves, they are really just pumping us for info to make the laws even more complex and to ban even more things.
They're not going to go back and touch any of that shit because that involves the takings issue and just opens them up to even more stuff the pieces of shit that passed this thing are going to be on to the next moonbat thing for the next session or two.

I also going to go out on a limb here and suggest that the people in the periphery of this like the bureaucrats and all of those types of people are not exactly chomping at the bit to get froggy with any of this garbage because they know it's garbage. 🤣
 
Section 131¾. (a) The secretary of public safety and security shall, with the advice of the firearm control advisory board established in section 131½ compile and publish a roster of assault-style firearms banned under section 131M and a roster of firearms approved for sale and use in the commonwealth using the parameters set forth in section 123. The secretary shall, not less than 3 times annually, review, update, and publish the rosters online, and send a copy to all persons licensed in the commonwealth pursuant to section 122. Licensing authorities shall provide information on these rosters to all permit and card holders and licensees upon initial issuance and every renewal.

Ha! I’d be shocked if I start getting a letter with that list every four months.
 
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