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Selling a gun from the AGs banned list
- Thread starter AngelKing
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The AG has promised not to prosecute private sales.
It will be interesting to see where the market prices settle - not as scarce as MGs, but many more qualified buyers.
It will be interesting to see where the market prices settle - not as scarce as MGs, but many more qualified buyers.
forgive my ignorance - but I thought sales and transfers in general were verboten? sorry, this whole thing has really screwed up my head and scared me to death - yeah I know, don't be a pussy but still.
bigmule
NES Member
From the AG FAQ section of the ban notice.
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Q: What if I already own a gun that is a copy or duplicate?
If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault weapon. But, as a matter of her discretion as a prosecutor, the Attorney General will not enforce the assault weapons ban against those who possess or transfer a copy or duplicate of a listed Assault weapon, if the weapon was obtained prior to July 20, 2016, when she issued the guidance.
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Ban notice faq guidance link:http://www.mass.gov/ago/public-safety/awbe.html
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Q: What if I already own a gun that is a copy or duplicate?
If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault weapon. But, as a matter of her discretion as a prosecutor, the Attorney General will not enforce the assault weapons ban against those who possess or transfer a copy or duplicate of a listed Assault weapon, if the weapon was obtained prior to July 20, 2016, when she issued the guidance.
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Ban notice faq guidance link:http://www.mass.gov/ago/public-safety/awbe.html
Yep. This isn't a 'list' issues but a redefining of what an AW is. AW's are illegal to sell in MA private or not. It does NOT exempt guns owned prior to 7/20. It says 'if you bought your gun prior to 7/20 we're not going to come after you'.
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Those of you who have not yet bought a safe should consider it - the value of your collection has probably doubled.
PaulR
NES Member
I read this as "2016 is the new 1994".....So screw it, I'm off to buy a flash hider, adjustable stock, and a bayo lug.......see ya in a bit.
I still have concerns about transfers being protected for individuals (both buyer and seller.) This section in particular which followed the section you cited is my reason for concern.
Q: What is the penalty for owning or transferring an Assault weapon?
- Under state law, owning or transferring an Assault weapon can lead to substantial fines or to prison time. See G.L. c. 140, §§ 128 and 131M for details. Gun dealers may also have liability under the state consumer protection act, G.L. 93A, and could potentially face revocation of any license issued under G.L. c. 140, § 122.
bigmule
NES Member
No doubt it is a concern going forward. But not today...literally today..
The state, if they pursued us ALL would have significant housing issues as to keeping us locked up.
Imagin the dent in trades and small businesses ....
I did call the AG for direction and was told to read the notice as he(phone guy) did not want to misrepresent to AG missive...she ain't even defining the missive to her office drones to assist the constituents to understand the laws she is rewriting.
Just another thing to trip over..
Injustice awaits!
The state, if they pursued us ALL would have significant housing issues as to keeping us locked up.
Imagin the dent in trades and small businesses ....
I did call the AG for direction and was told to read the notice as he(phone guy) did not want to misrepresent to AG missive...she ain't even defining the missive to her office drones to assist the constituents to understand the laws she is rewriting.
Just another thing to trip over..
Injustice awaits!
You can sell it out of state.
bigmule
NES Member
As of this writing, and quoted from the informational FAQ on the AG site: Yes.
We are allowed, and won't be persecuted, if we engage in a personal transfer today.
This missive from the AG office is written so porously and so open ended it could change at any time with the addition or deletion of a single word.
Scary crap this outfit came up with.
Edit to ad, I would think the rifle does NOT need to be or meet preban however. But it's certainly not made totally clear. The language gives a date of Prior to 7/20/16. that the rifle would have needed to be in your custody.
Snip from FAQ:[. Q: What if I already own a gun that is a copy or duplicate?
If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault weapon. But, as a matter of her discretion as a prosecutor, the Attorney General will not enforce the assault weapons ban against those who possess or transfer a copy or duplicate of a listed Assault weapon, if the weapon was obtained prior to July 20, 2016, when she issued the guidance.]
Here: http://www.mass.gov/ago/public-safety/awbe.html
So maybe not pre-ban-ban
....I'm still not a lawyer...
We are allowed, and won't be persecuted, if we engage in a personal transfer today.
This missive from the AG office is written so porously and so open ended it could change at any time with the addition or deletion of a single word.
Scary crap this outfit came up with.
Edit to ad, I would think the rifle does NOT need to be or meet preban however. But it's certainly not made totally clear. The language gives a date of Prior to 7/20/16. that the rifle would have needed to be in your custody.
Snip from FAQ:[. Q: What if I already own a gun that is a copy or duplicate?
If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault weapon. But, as a matter of her discretion as a prosecutor, the Attorney General will not enforce the assault weapons ban against those who possess or transfer a copy or duplicate of a listed Assault weapon, if the weapon was obtained prior to July 20, 2016, when she issued the guidance.]
Here: http://www.mass.gov/ago/public-safety/awbe.html
So maybe not pre-ban-ban
....I'm still not a lawyer...
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The real answer is, no one knows. It is illegal to sell an assault weapon in MA. As of yesterday, all of your previously Mass legal semiautos are now illegal assault weapons, making it technically illegal to transfer. Guess we'll only find out when someone gets pinched.
nstassel
NES Member
xtry51
NES Member
Seeing as how she is reserving the right to prosecute you at any time for having an illegal firearm, the last thing I would ever do is provide more paper trail about any semi firearm. Even if you sell it, she could prosecute you later for doing so.
CaseHardened
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I thought anyone could sell anything to an Out-Of-State FFL.
CaseHardened
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Since a person has 7 days to file an EFA-10, a liar could claim the Personal Sale was made on a prior date. For a few days, anyways.
Case is correct, you can sell out of state, it just has to go through an FFL.
More especially, this, from the same document:
Application of this Enforcement Notice (individual gun owners):
The Guidance will not be applied to possession, ownership or transfer of an Assault weapon obtained prior to July 20, 2016.
Application of this Enforcement Notice (individual gun owners):
The Guidance will not be applied to possession, ownership or transfer of an Assault weapon obtained prior to July 20, 2016.
..
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