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I registered it as a 6.8. The ffl that sold me the lower told me it was fine to do that.
Well I already informed everyone that I moved 7 months.
So if I understand the law you have to start a new LTC in Boston because that is now where you live and your Arlington LTC doesn't cover you any longer because you now live in Boston...
Can any of the NESers that know the law better chime in, am I correct???
I don't want to be giving wrong info, I'm by far no Lawyer!!!
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No. IANAL. When you have a MA LTC & move from one town to another the law requires you notify the PD in the new town. Your existing LTC is valid as issued until it expires. You renew in the new town, which if it’s Boston you may very well be issued a restricted license where you had no restrictions before. Also, OP is bound by the bylaws/ordinances of the town he lives in (moved to) which in the case of Boston can mean restrictions on scary black riffles.
Yeah I had all my ducks in a row but when my girl and I broke up I had to move back in with my parents in city limits. Definitely looking to move just outside of Boston so I can have all the benefits of seeing my friends and family but also be able to continue amassing more little friends. I also don’t mind a little driving so I’ll be looking for a town with reasonable apartments for rent. We’ll see what happens when I have to renew my LTC in four years. I will definitely carry onSo if I understand the law you have to start a new LTC in Boston because that is now where you live and your Arlington LTC doesn't cover you any longer because you now live in Boston...
Can any of the NESers that know the law better chime in, am I correct???
EDIT: OK I think Len-2A just answered my question in another thread:
The issuing authority owns your LTC until expiration. When it expires you must apply where you live and whatever policies are in place in that town will dictate any restrictions or hoops to jump thru.
I don't want to be giving wrong info, I'm by far no Lawyer!!!
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Bump for this - if there is paperwork that exists, an fa10 showing that was registered in MA pre-healey and then moved out of state, will a MA dealer accept it and transfer to mass resident?Wait so I can buy a pre-healey AR from a NH resident? If the AR has been registered in MA?
You'll need to ask the FFL. It's their call to do or not do.Bump for this - if there is paperwork that exists, an fa10 showing that was registered in MA pre-healey and then moved out of state, will a MA dealer accept it and transfer to mass resident?
Thanks Len, I'll see what the mass FFL says.You'll need to ask the FFL. It's their call to do or not do.
It doesn't even have to show it was "registered" in MA preHealey.Bump for this - if there is paperwork that exists, an fa10 showing that was registered in MA pre-healey and then moved out of state, will a MA dealer accept it and transfer to mass resident?
Yes. But people get all wound up thinking the other way around.Shouldn't the state have to prove that they didn't?
None of this matters. Because healeyban is all fake bullshit, it’s all TBD via whatever the dealer is comfortable with. It’s all dumb, considering anyone can forge an FA10, etc.Bump for this - if there is paperwork that exists, an fa10 showing that was registered in MA pre-healey and then moved out of state, will a MA dealer accept it and transfer to mass resident?
Yup. To date, nobody has been arrested or prosecuted in accordance with her new interpretation of a 22 year old law.None of this matters. Because healeyban is all fake bullshit, it’s all TBD via whatever the dealer is comfortable with. It’s all dumb, considering anyone can forge an FA10, etc.
GOAL’s Resource Page For Information About Chapter 596 – The City of Boston Assault Weapon Ban.
AN ACT RELATIVE TO ASSAULT WEAPONS IN THE CITY OF BOSTON.
Be it enacted, etc., as follows:
SECTION 1. For the purposes of this act the following words shall have the following meanings:-
(1) “Assault weapon”, all rifles and shotguns designated as assault weapons in this section and all other semi-automatic rifles and shotguns which are determined by the assault weapon roster board, established under the provisions of section five, to be assault weapons. Such term shall include, in addition to any other rifles and shotguns identified by said board, all versions of the following, including rifles and shotguns sold under the designation provided in this section and rifles and shotguns which are substantially identical thereto sold under any designation:-
(a) Avtomat Kalishnikov, also known as AK-47 semi-automatic rifles;
(b) Uzi semi-automatic rifles;
(c) AR-15 semi-automatic rifles;
(d) FN-FAL and FN-FNC semi-automatic rifles;
(e) Steyr Aug semi-automatic rifles;
(f) SKS semi-automatic rifles;
(g) shotguns with revolving cylinders known as the Street Sweeper and the Striker 12;
(h) any other semi-automatic rifle with a fixed magazine capacity exceeding ten rounds;
(i) any other shotgun with a fixed magazine, cylinder, drum or tube capacity exceeding six rounds; and
09 any semi-automatic firearm which is a modification of a rifle or shotgun described in this subsection; that is, having the same make, caliber, and action design but a shorter barrel or no rear stock.
(2) “Assault weapon” shall not include:
(a) a rifle or shotgun which does not employ fixed ammunition;
(b) a rifle or shotgun which was manufactured prior to the year eighteen hundred and ninety-eight;
(c) a rifle or shotgun which operates by manual bolt action;
(d) a rifle or shotgun which operates by lever action;
(e) a rifle or shotgun which operates by slide action;
(f) a rifle or shotgun which is a single shot weapon;
(g) a rifle or shotgun which is a multiple barrel weapon;
(h) a rifle which is a revolving cylinder weapon;
(i) a rifle which employs a fixed magazine with a capacity of ten rounds or less;
(j) a shotgun which is a rimfire weapon that employs a tubular magazine with a magazine capacity of six rounds or less;
(k) a rifle or shotgun which cannot employ a detachable magazine or ammunition belt with a capacity greater than ten rounds;
(I) a rifle or shotgun which has been modified so as to render it permanently inoperable or so as to make it permanently a device which may not appropriately be designated as an assault weapon; or
Cm) a rifle or shotgun which is an antique or relic firearm, movie prop or other weapon not capable of firing a projectile and not intended for use as a functional weapon and which cannot be readily converted through a combination of available parts into an operable assault weapon.
(3) “Large capacity ammunition belt”, a belt or strip which holds more than ten rounds of ammunition to be fed continuously into a semi-automatic rifle or shotgun or an ammunition belt which can be readily converted into a large capacity ammunition belt.
(4) “Large capacity magazine”, a box, drum, or other container which holds more than ten rounds of ammunition to be fed continuously into a semi-automatic rifle or shotgun or a magazine which can be readily converted into a large capacity magazine.
(5) “Rifle”, a firearm of which the length of barrel is sixteen inches or more, that is designed or has been redesigned, made or has been remade to fire a fixed cartridge.
(6) “Semi-automatic”, capable of firing a shot with each depression of the trigger without additional slide, bolt or other manual action.
(7) “Shotgun”, a firearm of which the length of barrel is eighteen inches or more which is designed or has been redesigned, made or has been remade to fire a shotgun shell.
SECTION 2.
In the city of Boston, it shall be unlawful to sell, rent, lease, possess, purchase, barter, display, or transfer an assault weapon.
In the city of Boston, it shall be unlawful to sell, rent, lease, possess, purchase, barter, display, or transfer a large capacity magazine or a large capacity ammunition belt.
In the city of Boston, it shall be unlawful to sell, rent, lease, possess, purchase, barter, display, or transfer any part or combination of parts, designed or intended to convert a rifle or shotgun into an assault weapon, or any combination of parts from which an assault weapon may be readily assembled if these parts are in the possession or under the control of the same person.
SECTION 3.
The provisions of this act shall not apply to the possession of assault weapons, large capacity magazines, large capacity ammunition belts, or other types of magazines or ammunition belts by officers, agents, or employees of the commonwealth or any other state or of the United States, members of the armed forces of the United States or the organized militia of the commonwealth or any other state, and law enforcement officers, to the extent that any such person is authorized by competent authority to acquire, possess or carry an assault weapon and is acting within the scope of his duties. The provisions of this act shall not apply to the sale of assault weapons, large capacity magazines, large capacity ammunition belts, or other types of magazines or magazine belts by dealers licensed under section one hundred and twenty-two
of chapter one hundred and forty of the General Laws to those persons described in the first paragraph.
The provisions of this act shall not apply to the possession of assault weapons by persons on the property of a lawfully incorporated sporting or shooting club who are licensed to carry firearms under section one hundred and thirty-one of chapter one hundred and forty of the General Laws.
The provisions of this act shall not apply to the possession of assault weapons, large capacity magazines or large capacity ammunition belts by persons taking part in a competition or attending a meeting or exhibition of any organized group of firearms collectors or travelling to or from such competition, meeting or exhibition; provided, however, that any such person has on his person a firearm identification card for the assault weapons issued pursuant to section one hundred and twenty-nine B of chapter one hundred and forty of the General Laws or is a resident of the United States and has on his person a permit or license to carry or possess firearms, including said assault weapons, issued under the laws of any state, district or territory which has requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that any such person who is a resident of the city of Boston shall also have on his person a license to possess the assault weapons issued pursuant to this act; and provided, further, that any assault weapon, while in transit or when at a location other than the competition, meeting, exhibition or owner’s residence, shall be unloaded and packaged.
The provisions of this act shall not apply to the possession of assault weapons by persons while in transit through the city of Boston for the purpose of going or coming from hunting; provided, however, that any such person has on his person a firearm identification card for the assault weapons issued pursuant to section one hundred and twenty-nine B of chapter one hundred and forty of the General Laws or is a resident of the United States and has on his person a permit or license to carry firearms, including said assault weapons, issued under the laws of any state, district or territory which has requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that any such person who is a resident of the city of Boston shall also have on his person a license to possess the assault weapons issued pursuant to this act; provided, further, that any such person has on his person a currently valid hunting or sporting license issued by the commonwealth or by the state of his destination; and provided further, that any assault weapon, while in transit, shall be unloaded and packaged.
The provisions of this act shall not apply to the possession of assault weapons, large capacity magazines, large capacity magazine belts, or other types of magazines or ammunition belts by persons specifically authorized to acquire, have, possess or carry an assault weapon pursuant to federal law.
SECTION 4.
Any person who violates the provisions of this act as to an assault weapon shall for a first
offense be punished by a fine of one thousand dollars, and for any subsequent offense by imprisonment for not more than two and one-half years.
Any person who violates the provisions of this act as to a magazine or an ammunition belt shall for a first offense be punished by a fine of two hundred dollars and for any subsequent offense by a fine of five hundred dollars.
Click here for a pdf of this page.
Boston Assault Weapon Ban Info | GOAL | Massachusetts - GOAL.ORG
Plus federally prohibited for life person if you do no cut a CWOF deal:Sorry for the thread resurrection by a brand new member, but you’re telling me that the ONLY penalty for possessing an AR-15/AK in Boston city limits is a $1000 fine (assuming you get caught, and don’t do it again)?
But no roast beef!It's amazing how much less stress there is being in NH than living in Lynn still.
Atkinson is just as good as some north shore spots!But no roast beef!
Plus federally prohibited for life person if you do no cut a CWOF deal:
..".be punished by a fine of one thousand dollars, and for any subsequent offense by imprisonment for not more than two and one-half years."
IANAL but my understanding is that basically any offense that COULD potentially carry a jail sentence of either 2 or 2.5 years (I don't remember which) makes you a federally prohibited person. MA has a lot of such offenses, such as DUI - you won't serve time for your first offense but you'll be a prohibited person nonetheless.Apologies for being a bit slow. Can you explain this to me again? It reads like an additional offense carries jail time, but the first is just the fine. I’m confident that I’m missing something, but I’m not entirely sure what.
An interesting legal question (attorneys, please chime in)
Suppose someone builds an EBR and fails to register it. Assume further this is done in the days of MIRCS and can be proven.
Is the offense committed at the end of the original 7 day period, or is it an ongoing offense that is committed every day the person possesses the unregistered gun? The answer to this question has interesting statute of limitations implications.
MGL C 140 §128b said:Section 128B. Any resident of the commonwealth who purchases or obtains a [gun] .. other than from a [dealer] or a [Mass. LTC holder] ... shall within seven days after receiving [the gun], report, in writing, to the commissioner of the department of criminal justice information services the name and address of the seller or donor and the buyer or donee, together with a complete description of the [gun], including the caliber, make and serial number. [there are penalties]
Nothing. Both are examples of a failure to STFU when questioned.So, what's the difference between, "I sent in a paper FA10 and the state lost it or failed to record it" and "I never bothered to tell them" and "I used the eFA10 online portal to report the acquisition, but their records got messed up"?
Which is absolutely the most stupid thing.IANAL but my understanding is that basically any offense that COULD potentially carry a jail sentence of either 2 or 2.5 years (I don't remember which) makes you a federally prohibited person. MA has a lot of such offenses, such as DUI - you won't serve time for your first offense but you'll be a prohibited person nonetheless.
The possibility of a sentence in excess of two years, even if not imposed, makes one a federally prohibited person for firearms or ammo ownership or possession under 18 USC 922(g).Apologies for being a bit slow. Can you explain this to me again? It reads like an additional offense carries jail time, but the first is just the fine. I’m confident that I’m missing something, but I’m not entirely sure what.
You make an astute observation. The only time I've seen a prosecutable charge of this was when a guy got a gun from the police so they could prove when he got it bc they generally don't get the trace info. Usually it can't be proven when a gun was made operable so it may have been sooner than seven days.Not a lawyer, but I read a lot.
MGL C. 140 §128b
(the above edited for clarity and ease of reading)
To me this reads like the "crime" is "failure to report the transaction within seven days". That "crime" happens exactly once, when the seven day timer goes "bing"
There is nothing in C 140 § 128b that suggests possessing an "unregistered gun" is a crime. If it was, then it would be a crime if your possessions didn't match their records. We know that's not true, right?
There is nothing anywhere in Mass. law (that I've seen or heard of) that says anything about a continuing requirement to make sure the state's records are correct.
So, what's the difference between, "I sent in a paper FA10 and the state lost it or failed to record it" and "I never bothered to tell them" and "I used the eFA10 online portal to report the acquisition, but their records got messed up"?
Based on the above, I'm inclined to think that once the six year statute of limitations expires, the state can't do anything to you for failing to "register" your home-build, even if they could, somehow, prove that you failed to "register" within seven days.
Interestingly, the law still says you must register "in writing", there's no mention of any electronic portal, or even using a particular form. So, If I handwrite a letter to the commissioner of the department of criminal justice information services with the required information, that would comply with MGL C. 140 § 128b