Preban AR Lower Question

[PappyM3]

I'm asking these question in the state of Massachusetts

If I buy a preban ar lower then put a mag release button lock on it to fix a 10 round mag to it, making it a low capacity rifle. Then after a period of time, I remove the mag release button lock to make the lower accept and release the mag like normal, making it a large capacity rifle.
Would it be legal to do that ? and would the lower still have it preban privilege?
or fixing and removing the mag release button lock consider 'manufacture' and make the preban lower lose it privilege?

I know it sound stupid but I'm still waiting for my FID to send to me, and with the upcoming, my last hope is the 'grandfather' and trying to get some AR before it too late.

And if the upcoming laws going to pass, I'm assuming frame transfer will be dead not only that lower and upper assembly will be consider firearms and the sense of 'preban' after the laws passed will not only apply to the lower but both upper and lower. Hopefully there will be grandfathering for the current legal guns.

According to MA law, you can buy a preban lower with an FID. Just don’t build it out to be large cap until you get an LTC. Until you build it out, it’s not a firearm according to MA.

Unfortunately, according to federal law, that receiver is an “other” and cannot be transferred to someone under 21.

So, that leaves you with buying a preban lower with a private sale in-state.

Technicalities

Technically you could buy a whole preban rifle as long as you only ever possess 10 round mags with an FID and it’s not specifically on the large capacity weapon roster.

MGL says the definition of a large capacity weapon is as follows: ““Large capacity weapon”, any firearm, rifle or shotgun: (i) … (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device;…or (iv) that is an assault weapon.”

You might think you’re SOL because of the bolded section. But you’re in luck. If you look at 501 CMR 7.00, it defines “capable of accepting a large capacity feeding device”:

“Capable of Accepting a Large Capacity Feeding Device means any firearm, rifle or shotgun in which a large capacity feeding device, as defined by M.G.L. c. 140, § 121, is capable of being used without alteration of the weapon; provided, however, that said feeding device is fully or partially inserted into the weapon or attached thereto, or is under the direct control of a person who also has direct control of a weapon capable of accepting said feeding device.”

Notice the bolded section there. You need to have the large capacity feeding device inserted or have direct control of it, in order for the weapon to be considered to be capable of accepting it.

UNFORTUNATEY, MGL also stipulates the making of the large capacity weapon roster: https://www.mass.gov/doc/large-capacity-firearms-roster-1/download

This specifically calls out several preban Colt AR models, the Eagle Arms EA-15, Olympic Arms AR15, and the Bushmaster XM-15. It does not, however, call out the PWA Commando.

Under a strict reading of the law, you could probably legally purchase a preban PWA rifle as long as you only use 10 round mags. But good luck getting a dealer to sell you one with only an FID.

Really, your best chance is to buy a preban lower in a private sale in-state.

But also talk to an attorney. I’m not one. I know you say you can’t afford one, but if you’re just paying for a little time for an opinion, I’m sure you could afford it.

 

[anonuser]

According to MA law, you can buy a preban lower with an FID. Just don’t build it out to be large cap until you get an LTC. Until you build it out, it’s not a firearm according to MA.

Unfortunately, according to federal law, that receiver is an “other” and cannot be transferred to someone under 21.

So, that leaves you with buying a preban lower with a private sale in-state.

Technicalities

Technically you could buy a whole preban rifle as long as you only ever possess 10 round mags with an FID and it’s not specifically on the large capacity weapon roster.

MGL says the definition of a large capacity weapon is as follows: ““Large capacity weapon”, any firearm, rifle or shotgun: (i) … (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device;…or (iv) that is an assault weapon.”

You might think you’re SOL because of the bolded section. But you’re in luck. If you look at 501 CMR 7.00, it defines “capable of accepting a large capacity feeding device”:

“Capable of Accepting a Large Capacity Feeding Device means any firearm, rifle or shotgun in which a large capacity feeding device, as defined by M.G.L. c. 140, § 121, is capable of being used without alteration of the weapon; provided, however, that said feeding device is fully or partially inserted into the weapon or attached thereto, or is under the direct control of a person who also has direct control of a weapon capable of accepting said feeding device.”

Notice the bolded section there. You need to have the large capacity feeding device inserted or have direct control of it, in order for the weapon to be considered to be capable of accepting it.

UNFORTUNATEY, MGL also stipulates the making of the large capacity weapon roster: https://www.mass.gov/doc/large-capacity-firearms-roster-1/download

This specifically calls out several preban Colt AR models, the Eagle Arms EA-15, Olympic Arms AR15, and the Bushmaster XM-15. It does not, however, call out the PWA Commando.

Under a strict reading of the law, you could probably legally purchase a preban PWA rifle as long as you only use 10 round mags. But good luck getting a dealer to sell you one with only an FID.

Really, your best chance is to buy a preban lower in a private sale in-state.

But also talk to an attorney. I’m not one. I know you say you can’t afford one, but if you’re just paying for a little time for an opinion, I’m sure you could afford it.

I'm really really appreciated your response, I do understand all of what you says, but yes like what you say, under a strict reading of the laws and technicalities, it is legal, but ma is a very anti gun state, the one that gonna kick down my door wouldn't be the judge. So i do planning thing carefully, and yeah it's suck here already and what's to come.

 

[drgrant]

Semiauto isn't legal on an FID so unless you meant LTC you're boned.

Did you know you can buy a Barrett m82a1 with an fid?