Questions/legality around semi-auto shotgun capacity in MA

ColDouglasMortimer

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So to start, I'm in the market for an A300/1301, and as with anything gun-related in the state of Mass, I'm now standing here with more questions than answers. One of the more prominent stores in my area is fully stocked with a wide variety of Berettas (as well as 940 Pro Tacticals), all of which are 7+1 capacity. Alternatively, they also have the neutered and grotesque 5+1 versions for sale, which seemed bizarre to display next to the more robust models. I mentioned this to him and asked how they were even able to sell the former in Massachusetts, to which he replied: "Why wouldn't I be able to?"

And I think that's the general consensus a lot of people have reached from all that I've read, in part frustrated with the slight towards Constitutionality while inheriting their own interpretations in defiance of the tongue-tied "laws" the DEI squads in the state house of implemented. I've done a lot of research though (and scoured through all of the discussions I could find on this forum) and I feel that anyone suggesting the larger capacities are "legal" in the eyes of Massachusetts are doing some serious litigious jiujitsu.

On one hand, we have:

"Assault-style firearm", any firearm which is:

(c) a semiautomatic shotgun that includes at least 2 of the following features: (i) a folding or telescopic stock; (ii) a thumbhole stock or pistol grip; (iii) a protruding grip for the non-trigger hand; or (iv) the capacity to accept a detachable feeding device."


On the other, it clearly states:

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.

Ultimately, they don't defy the assault weapons ban but they do defy the laws at a state level in terms of what constitutes a "large capacity feeding device"--there's no argument around this. People seem to suggest that these things aren't mutually exclusive and that you have to violate both statutes in order to be committing a felony, but they 100% are in the eyes of a judge and a courtroom, especially in this virtue signaling disaster of a state.

I guess my question in the end is would it still be "illegal" for me to own one of these shotguns if the store was willing to sell it to me? If I walked in there tomorrow, completely removed from the logic of this post, just an innocent person looking to defend themselves, would there ever be any repercussions on me for my purchase? Doesn't the store assume all liability for the sale? I'm all for being a red-blooded American man, but don't want conjugal visits to be the only thing I have to look forward to in life.
 
The argument for them is that the shotgun tube is an integral part of the firearm and isn’t similar enough to the devices listed.
 
Iirc, tube fed semi auto shotgun can have 5 rounds in the tube. If it's a pump, lever, or the rare bolt action shotgun then it doesn't apply. Your only legal recourse if sold a non compliant firearm is to say: they sold it to me openly - they being the gun shop that sold it to you. You would then be okay but the shop wouldn't lmao.
 
Iirc, tube fed semi auto shotgun can have 5 rounds in the tube. If it's a pump, lever, or the rare bolt action shotgun then it doesn't apply. Your only legal recourse if sold a non compliant firearm is to say: they sold it to me openly - they being the gun shop that sold it to you. You would then be okay but the shop wouldn't lmao.
There is nothing in the law that says "it is OK to possess something that is otherwise a felony to possess because a gun shop sold it to you." When it comes to possessing something that is a felony to possess, "it's not my fault" isn't going to save you from a felony conviction and a lifetime prohibition.
 
Also note that Beretta is no longer importing 1301’s (and some others) with 7+ rd tubes (Nov 2024 notice). 5 rd only now being imported. AFT is spreading legal cheeks over 922 garbage.

I wonder how the Fudd’s are handling the news that the AFT is actually coming for their shotguns now.
 
There is nothing in the law that says "it is OK to possess something that is otherwise a felony to possess because a gun shop sold it to you." When it comes to possessing something that is a felony to possess, "it's not my fault" isn't going to save you from a felony conviction and a lifetime prohibition.
Not necessarily in the law. It’s still a great argument.
 
Over 5 rds on a semiauto sg isn’t legal.
First off it’s clearly stated “fixed or detachable”’ whatever or similar device and then specifically exempts pump shotguns. So guess what it doesn’t exempt? Yup, semiauto…
I don’t see a clear way around that wording.
And IIRC it’s a more severe penalty than illegal possession of a ASF. 10 yr felony…?
 
i'm reaching way out on this...why is it not the state government's responsibility to notify all ltc holders by mail, in plain language, the changes that were made recently. my reasoning is unless you're active in the gun community, meaning a regular shooter active in a club or participate in online firearm related social media, how is the "average guy" expected to know current law? would not this lead to the ignorance defense strategy and at least get any charges dropped and an acquittal because the state failed to notify affected citizens? probably not but asking for a friend.
 
i'm reaching way out on this...why is it not the state government's responsibility to notify all ltc holders by mail, in plain language, the changes that were made recently. my reasoning is unless you're active in the gun community, meaning a regular shooter active in a club or participate in online firearm related social media, how is the "average guy" expected to know current law? would not this lead to the ignorance defense strategy and at least get any charges dropped and an acquittal because the state failed to notify affected citizens? probably not but asking for a friend.
They want to jail you that’s why. No heads up fills a bed someday at a for profit prison.
 
Go with a300/a400 depending on budget.
They should have kick-off system already in the stock and it is a better design, in front of the stock, compared to what you can do with 1301.

Do not worry about tubes, you can buy longer ones later. Where they are legal and where not - well, most 3gun people ignore it all and run tubes that are longer than barrels.
I keep stock one on my 1301 when it sits in a cabinet.

So, as I simply forgot all that , check it on forums- 1301 and a400 I think have same gas system and it is superior to one in a300, and a300 can’t accept longer spare tubes.
 
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Is the 1301 superior to the A300? Technically, yes. Can the difference be noticed? Not by 99.999999999999999999999999% of people, including OpErAtOrS.

5rd max semi auto shotguns. Some shops sell 7+1, but YOU will be boned if you get jammed up with one.
 
Ok, wait a minute, if the shotguns in question, capacity over 5 rounds were legally in the state before the idiotic date
of 8/1 isnt it legal to own them? "Preban" (I freaking hate that term) are legal to sell if they were in inventory prior correct?
Could be wrong I'm not a lawyer.
 
Is the 1301 superior to the A300? Technically, yes. Can the difference be noticed? Not by 99.999999999999999999999999% of people, including OpErAtOrS.

5rd max semi auto shotguns. Some shops sell 7+1, but YOU will be boned if you get jammed up with one.
There are diffs. If I get it right, a300 is $1100, 1301 is $1700, a400 is $2000.

From that perspective- a400 is a no brainer, its stock system is worth it.
 
Ok, wait a minute, if the shotguns in question, capacity over 5 rounds were legally in the state before the idiotic date
of 8/1 isnt it legal to own them? "Preban" (I freaking hate that term) are legal to sell if they were in inventory prior correct?
Could be wrong I'm not a lawyer.

No. >5rds on a semi was illegal in MA before this wonderful new law.
 
Ok, wait a minute, if the shotguns in question, capacity over 5 rounds were legally in the state before the idiotic date
of 8/1 isnt it legal to own them? "Preban" (I freaking hate that term) are legal to sell if they were in inventory prior correct?
Could be wrong I'm not a lawyer.

Nope. To be “preban” for a large capacity feeding device, it needs to have been lawfully possessed on Sep 13, 1994.

The 8/1 date only applies to the “assault” weapons themselves. The larger capacity feeding devices (which an internal fixed 6+ tube would be) are handled with the old preban date.
 
Nope. To be “preban” for a large capacity feeding device, it needs to have been lawfully possessed on Sep 13, 1994.

The 8/1 date only applies to the “assault” weapons themselves. The larger capacity feeding devices (which an internal fixed 6+ tube would be) are handled with the old preban date.

I had typed “it’s a large capacity feeding device thing not an assault weapon thing” in my post above but deleted it because I wasn’t sure why then it would be OK on a pump gun. I realize they call out semis by name in the law but it’s jut weird.

Shotgun mags are just tubes. It seems like it should be tough for the state to prove when the tube itself was made (and possibly cut/threaded/modified later).
 
Ok, wait a minute, if the shotguns in question, capacity over 5 rounds were legally in the state before the idiotic date
of 8/1 isnt it legal to own them? "Preban" (I freaking hate that term) are legal to sell if they were in inventory prior correct?
Could be wrong I'm not a lawyer.
No, this prohibition existed in Chapter 140 since 1998.
 
Don't a300/a1301 have tube magazines? I didn't think those were applicable to the AWB

The argument for them is that the shotgun tube is an integral part of the firearm and isn’t similar enough to the devices listed.

Seems debatable to me. As others suggest, the following is a blanket statement that essentially covers anything synonymous with a tube magazine:

"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"

I can certainly appreciate wanting the semantics of it all to come out in my favor, but given that some purple-haired sociopath felt the need to craft this statement suggests they have no desire to even attempt to see things my way.

There is no such thing as an ignorance defense.

I fear my wife more than I do the state at this point.

I'm honestly kind of blown away by the amount of vendors selling these shotties under the guise that it's a "grey area" legally. It almost feels criminal that they're able to advise you on a purchase that is inarguably against the law and put you in a situation like that. And while yes, I understand that any discussion about "laws" at a liberal state level are a slap in the face of the Constitution and 2A, I'd like to keep the things I do above board, even if they aren't willing to.
 
Seems debatable to me. As others suggest, the following is a blanket statement that essentially covers anything synonymous with a tube magazine:

"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"

I can certainly appreciate wanting the semantics of it all to come out in my favor, but given that some purple-haired sociopath felt the need to craft this statement suggests they have no desire to even attempt to see things my way.



I fear my wife more than I do the state at this point.

I'm honestly kind of blown away by the amount of vendors selling these shotties under the guise that it's a "grey area" legally. It almost feels criminal that they're able to advise you on a purchase that is inarguably against the law and put you in a situation like that. And while yes, I understand that any discussion about "laws" at a liberal state level are a slap in the face of the Constitution and 2A, I'd like to keep the things I do above board, even if they aren't willing to.
you should not participate in things that make you uneasy.

for rest of us, it is just too damn clear that shotties of any kind, an assaulty ones or regular single/dual boomstick ones, will be the very last types of firearms our dearest leaders will be confiscating and prosecuting people for. so until most of AR rifle holders are ejoing freedom, i would not worry too much of what the 1301 beretta is according to an unlimited imagination of state of MA.
 
Over 5 rds on a semiauto sg isn’t legal.
First off it’s clearly stated “fixed or detachable”’ whatever or similar device and then specifically exempts pump shotguns. So guess what it doesn’t exempt? Yup, semiauto…
I don’t see a clear way around that wording.
And IIRC it’s a more severe penalty than illegal possession of a ASF. 10 yr felony…?

No. >5rds on a semi was illegal in MA before this wonderful new law.
No shit? I have never been into shotguns so I never took the time to get into AWB specifics for them. Typical mass lunacy...5+2 so super evil killy.
 
you should not participate in things that make you uneasy.

for rest of us, it is just too damn clear that shotties of any kind, an assaulty ones or regular single/dual boomstick ones, will be the very last types of firearms our dearest leaders will be confiscating and prosecuting people for. so until most of AR rifle holders are ejoing freedom, i would not worry too much of what the 1301 beretta is according to an unlimited imagination of state of MA.

By "rest of us", I'm going to assume you mean the people who pretend that Mass. General Laws c.140 § 121 doesn't exist so they can act like they're part of some super cool secret club whose defiance will somehow resurrect the corpses of the soldiers who took the first shots at Lexington and Concord.

No offense, but the moral crusade is kind of exhausting. I was just hoping to have an honest discussion around the black and white gun laws of shotguns in Massachusetts and then the Members Only jacket comes out. If gun stores are willing to prioritize their sensibilities over my best interests in the eyes of the law, it's kind of bullshit to be honest and deserves to be called out and questioned.

And if I have to choose on paper between an M4 and something representative of a felony, I'm going with the M4 100% of the time. I don't think the Founders are going to haunt me in my sleep for that decision, and I'll certainly not lose any over it.
 
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