Why are rifles exempt from MGL c 140 SS 123?

[jungley]

I have been told that there is a roster of approved handguns, but no such roster for rifles/shotguns. The roster is here:

https://www.mass.gov/files/documents/2018/05/29/Approved Firearms Roster 05-2018_0.pdf

"This roster has been compiled in accordance with M.G.L. c.140, § 131¾ and 501 CMR 7.00. It contains weapons determined by Massachusetts approved independent testing laboratories to have satisfactorily completed the testing requirements of M.G.L. c. 140, § 123; clauses 18th; 19th; 20th; and 21st."

Here is the text of that law:
General Law - Part I, Title XX, Chapter 140, Section 123

Each of the aforementioned 18-21 clauses begins with a phrase like this:

"Nineteenth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery any firearm to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearms wholesaler, and the sale, by its terms, prohibits such purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm [INSERT CLAUSE]"

As noted above, the regulations appear to apply to "any firearm," not just handguns. So why is it that rifles are exempt from these regulations?

 

[Behind Enemy Lines]

Check out the definitions in Section 121:

''Firearm'', a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.

 

[jungley]

Well, that explains it. Thanks for clarifying!

Side note: defining the term "firearm" to exclude rifles with barrels greater than or equal to 16 inches strikes me as resoundingly idiotic.

 

[Behind Enemy Lines]

resoundingly idiotic.

Sums up MA pretty nicely!

 

[MisterHappy]

Well, that explains it. Thanks for clarifying!

Side note: defining the term "firearm" to exclude rifles with barrels greater than or equal to 16 inches strikes me as resoundingly idiotic.

Bear in mind that a Firearms ID Card does not permit you to have a "Firearm" as defined under Mass general laws.

 

[Uzi2]

Bear in mind that a Firearms ID Card does not permit you to have a "Firearm" as defined under Mass general laws.

This is why nobody over 21 should every apply for an FID card, they should ALWAYS apply for an LTC no matter what their present or future intentions are regarding the ownership of guns.

 

[JAD]

This is why nobody over 21 should every apply for an FID card, they should ALWAYS apply for an LTC no matter what their present or future intentions are regarding the ownership of guns.

There could be circumstances in which an individual might be ineligible for an LTC but eligible for an FID.

 

[JAD]

Well, that explains it. Thanks for clarifying!

Side note: defining the term "firearm" to exclude rifles with barrels greater than or equal to 16 inches strikes me as resoundingly idiotic.

That definition encompasses SBRs (and potentially certain other NFA items or federal "others") to conform to definition of a "firearm" and be regulated as such for state law purposes. Because none of those have been approved via the testing process, MA dealers can't transfer them.

 

[Rob Boudrie]

You can own a rifle or shotgun (no firearms under MGL) but not a firearm (handgun) with a Firearms ID card (FID). This makes as much sense as driving on a parkway and parking on a driveway.