Practical Implications of H4885 for Purchasing and Possessing

Pastera- did you ever look into this?

-JR
Fell off the radar.
There doesn't seem to be any language exempting dealers from transfer (but I'm on my phone so don't have easy search access)
However in 131M(C) possession at a dealer or gunsmith is exempt to repair, which implies transfer to the dealer/gunsmith to effect repairs (and subsequent return transfer).
 
The GOAL Friday News from Jim Wallace, who now has a seat on the State Firearm Control Advisory Board.

The February 14th meeting of the Firearm Control Advisory Board (FCAB) was very busy. The first item the board tackled was the “long gun” testing requirements for roster inclusion per the requirements in Ch. 140 § 1313/4. After a few meetings worth of discussions on this matter, the conclusion was to advise the Secretary of Public Safety and Homeland Security not to include long guns in the testing and roster requirements in Ch. 140 § 123.

This was accomplished by using the context clause in the definition section of Ch. 140 § 121. That clause explains that the definitions set forth may not apply depending on the context of the specific section of Ch. 140. The FCAB reasoned that the testing requirements could not be applied to long guns and therefore the context of those definitions could not apply in turn; therefore, convincing the board to vote to advise the Secretary not to include long guns on any firearms rosters. If the Secretary should approve this recommendation, it will likely come in the next guidance letter.

My thanks to @GOALJim for his representation, find his full report here...

P.S.> Does the second paragraph above, about reasoning, point out to anyone else how laughably poorly thought out this legislation was?... "This thing is bad, unless we say it is not as bad as we said it was."


🐯
 
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Here's an interesting corner case:
Based on prior discussions Post-94 extended tube semiauto shotguns are a no-go due to the 5+ tube being a LCFD
- The few pre-94 large cap shotguns (Benelli M1 Super90 PG/7rnd version) would be transferable, except
now with the new law because it has an integral LCFD it can't be sold because LCFDs are non-tranferrable and you cant hunt with it because you can't carry a LCFD.
- Most of these long tubes were done with a 5rnd tube + factory extension - does removing the extension make it a non-LCFD until the extension is put back on, or does the
tube retain it's pre-ban LCFD status unless permanently modified to be 5 rnd?
 
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Question/mini rant on pre-ban pistol magazines, copy paste from GOAL:

Restrictions on Possession:

Must have been lawfully possessed on, or before, September 13, 1994. (It does not specify possessed in Massachusetts, but the Attorney General will likely have a say in that.)

  • On private property owned or legally controlled by the person in possession of the large capacity feeding device.
  • On private property that is not open to the public with the express permission of the property owner.
  • While on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair.
  • At a licensed firing range or sports shooting competition venue.

Mandatory Storage:

  • When traveling to and from the “permitted” locations they must be stored unloaded and secured in a locked container in compliance with the storage and transportation laws.
  • It is unlawful to “import” any LCFDs into Massachusetts.
  • Transfers are limited to heirs, someone outside the State, or to a retailer. We have not yet found an exemption for retailers to transfer to persons inside the commonwealth.
So I am not a lawyer, but IF people actually followed the new laws, wouldn't these new laws actually make it "safe" for the state to allow the sale of standard capacity magazines? In other words, if standard capacity magazines are only allowed on private/permissive property and ranges, and have to be stored and unloaded to and from, how would things be any different if standard capacity post-ban magazines where allowed in the same way? I know I am preaching to the choir here but this is just another feel good law that does absolutely nothing and personally, I prefer 10 round mags at the range anyway.
 
Question/mini rant on pre-ban pistol magazines, copy paste from GOAL:

Restrictions on Possession:

Must have been lawfully possessed on, or before, September 13, 1994. (It does not specify possessed in Massachusetts, but the Attorney General will likely have a say in that.)

  • At a licensed firing range or sports shooting competition venue.
I fear to ask this, but . . .

What is a "licensed firing range"???

AFAIK, there are no licenses issued or required for a firing range. None of my former MA gun clubs were "licensed" by the town or state!!

If strictly interpreted, that would mean that you can't have them at a firing range, because it is not "licensed" as a firing range!! Catch-22 Yossarian!
 
Here's an interesting corner case:
Based on prior discussions Post-94 extended tube semiauto shotguns are a no-go due to the 5+ tube being a LCFD
- The few pre-94 large cap shotguns (Benelli M1 Super90 PG/7rnd version) would be transferable, except
now with the new law because it has an integral LCFD it can't be sold because LCFDs are non-tranferrable and you cant hunt with it because you can't carry a LCFD.
- Most of these long tubes were done with a 5rnd tube + factory extension - does removing the extension make it a non-LCFD until the extension is put back on, or does the
tube retain it's pre-ban LCFD status unless permanently modified to be 5 rnd?
It is illegal to transfer a LCFD. If the tube on your theoretical shotgun was only 5 rounds the transfer would be lawful. Its still preban (94) and can still be in a >5 config as long as you live with the limitations of on private property or range or locked up.
 
Question/mini rant on pre-ban pistol magazines, copy paste from GOAL:

Restrictions on Possession:

Must have been lawfully possessed on, or before, September 13, 1994. (It does not specify possessed in Massachusetts, but the Attorney General will likely have a say in that.)

  • On private property owned or legally controlled by the person in possession of the large capacity feeding device.
  • On private property that is not open to the public with the express permission of the property owner.
  • While on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair.
  • At a licensed firing range or sports shooting competition venue.

Mandatory Storage:

  • When traveling to and from the “permitted” locations they must be stored unloaded and secured in a locked container in compliance with the storage and transportation laws.
  • It is unlawful to “import” any LCFDs into Massachusetts.
  • Transfers are limited to heirs, someone outside the State, or to a retailer. We have not yet found an exemption for retailers to transfer to persons inside the commonwealth.
So I am not a lawyer, but IF people actually followed the new laws, wouldn't these new laws actually make it "safe" for the state to allow the sale of standard capacity magazines? In other words, if standard capacity magazines are only allowed on private/permissive property and ranges, and have to be stored and unloaded to and from, how would things be any different if standard capacity post-ban magazines where allowed in the same way? I know I am preaching to the choir here but this is just another feel good law that does absolutely nothing and personally, I prefer 10 round mags at the range anyway.
You are confused about motives. They dont want anything brought into the state. They don't want stuff moving around the state. They don't encourage self help. These goals do not align with allowing standard capacity magazines in any way. They just could not outright ban the pre 13-sep-1994 mags.
 
It is illegal to transfer a LCFD. If the tube on your theoretical shotgun was only 5 rounds the transfer would be lawful. Its still preban (94) and can still be in a >5 config as long as you live with the limitations of on private property or range or locked up.

Somebody should mention that to the members selling preban standard capacity magazines in the classifieds.
 
I fear to ask this, but . . .

What is a "licensed firing range"???

AFAIK, there are no licenses issued or required for a firing range. None of my former MA gun clubs were "licensed" by the town or state!!

If strictly interpreted, that would mean that you can't have them at a firing range, because it is not "licensed" as a firing range!! Catch-22 Yossarian!
Sort of like "Bonded" in "Bonded warehouse".
 
Somebody should mention that to the members selling preban standard capacity magazines in the classifieds.
People have always posted for sale things they cannot have and/or cannot sell. Most are known to get very hostile if you point this out and argue about legality usually with "I bought it from a dealer".
 
People have always posted for sale things they cannot have and/or cannot sell. Most are known to get very hostile if you point this out and argue about legality usually with "I bought it from a dealer".
The cynic in me thinks that the powers to be won't prosecute someone for selling a preban magazines (unless they are a dealer) lest they open a can of worms that they don't want opened.

YMMV
 
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