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Main Page "Assault Weapon" and Class A LTC
(Click here to view the original thread on the MassCops Message Board)

Posted by: pcbme

Today, a friend pointed out that the definition of large capacity weapon includes assault weapon in MGL 140-121. He claims that a Mass resident with LTC Class A can legally buy an assault weapon after federal AWB sunset. Be honest, that's totally contrary to what I've heard from FFL dealers so far, but I cannot find where is the hole in the statement.

In MGL 140-121 (http://www.mass.gov/legis/laws/mgl/140-121.htm):

“Large capacity weapon”, any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; (iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm and more than five shotgun shells in the case of a shotgun or firearm; or (iv) that is an assault weapon.

According to the above definition, "Large capacity weapon" is a superset of "(iv) assault weapon". Any holes in this claim according to the current state law?

Posted by: Curious EMT

Any weapon that was NOT an Assault Weapon at the begining of the federal ban in 98 is illegal in mass, unless you're a cop.

Any weapon made after 98 MUST conform to the law to be owned in Mass. There are no "holes" or tricks to get around it. Even if it was made after the "sunset" of the ban, it still must meet the ban-rules to be owned in mass... This is why most AR manufacturers still sell "post-ban" configurations... "Post-Ban" means after the begining of the ban, not after the AWB expired. Post-ban configurations will not have a bayo lug, folding/telescopic stock, or flash hiders.

Posted by: pcbme

Quote:

Originally Posted by Curious EMT

Any weapon that was NOT an Assault Weapon at the begining of the federal ban in 98 is illegal in mass, unless you're a cop.

Any weapon made after 98 MUST conform to the law to be owned in Mass. There are no "holes" or tricks to get around it. Even if it was made after the "sunset" of the ban, it still must meet the ban-rules to be owned in mass... This is why most AR manufacturers still sell "post-ban" configurations... "Post-Ban" means after the begining of the ban, not after the AWB expired. Post-ban configurations will not have a bayo lug, folding/telescopic stock, or flash hiders.

I've heard this so many times and it had been my understanding for a long long time. However, I could not find it in MGL. Updated Chapter 140, Section 121 defines "assault weapon" as a subcategory of "Large capacity weapon" (see my original message and MGL link). The argument is that Class A LTC covers "assault weapon" because it covers the superset "Large capacity weapon" according the 140-121.

By reading the law document myself, I've not be able to find the particular segment to support your statement yet. Could you refer me to the particular place in the state law document?

Posted by: Curious EMT

140/131m: Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment

No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994.

See 140/121 for Assault Weapon definition (it refers to the USC of the federal AWB)

Posted by: pcbme

Quote:

Originally Posted by Curious EMT

140/131m: Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment

No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994.

See 140/121 for Assault Weapon definition (it refers to the USC of the federal AWB)

The next sentence in 140-131M says "Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense..."

Section 122 basicly grants city/town police the right to issue firearm licenses. My friend's argument is that Massachusetts, unlike California, does not have a state wide AWB, it's up to the type of license issued by local PD.

Posted by: djgj200

Quote:

Originally Posted by pcbme

My friend's argument is that Massachusetts, unlike California, does not have a state wide AWB, it's up to the type of license issued by local PD.

We do too have an AWB. Let me see if I can pull it up, it was in 1998, which is what I believe Curious was referring to in his first post.

Posted by: pcbme

Quote:

Originally Posted by djgj200

We do too have an AWB. Let me see if I can pull it up, it was in 1998, which is what I believe Curious was referring to in his first post.

Thanks for the effort. I really want to see the actual law doc to support that statement.

Posted by: djgj200

We basically adopted the Federal ban before its anticipated sunset in 1998, which ended up being extended to 2004. From what I can find, we have the same definitions as the federal ban.

This is what the National Shooting Sport Foundation (NSSF) has on the summary of the ban.

MASSACHUSETTS
Mass. Gen. Laws Ch. 140 §121 et seq.
[Effective Date: October 22, 1998]
Under Massachusetts law, “No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994.” <--(as appears in C.140 S.131M)
The terms “Assault Weapon” and “Large Capacity Feeding Device” are defined at Chapter 140, §121 of the Commonwealth of Massachusetts General Laws.
On July 1, 2004, Massachusetts extended its assault weapons ban. In extending the ban, the Massachusetts Legislature upheld the state’s definition of “assault weapons,” which was substantially similar to that found in the now defunct federal assault weapons ban.
Massachusetts also uses the term “Large Capacity Weapon” which is defined as “any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; (iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm and more than five shotgun shells in the case of a shotgun or firearm; or (iv) that is an assault weapon.” For a list of firearms not categorized as a “Large Capacity Weapons“ see Chapter 140, §121.;
In order to purchase, acquire or otherwise possess and carry large capacity firearms and feeding devices, a license must be obtained. Individuals possessing an assault weapon or large capacity feeding device on September 13, 1994, may continue to sell, transfer and possess the assault weapon or feeding device.

Magazine Capacity: Massachusetts law regulates “(i) a fixed or detachable magazine...or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition...; or (ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. §921(a)(31) as appearing in such section on September 13, 1994.”

Posted by: CJIS

Check this list out this is the Large Capacity Firearms Roster that is approved by the state. If the model weapon your freind wants is listed he is good to go

http://www.mass.gov/Eeops/docs/chsb/...gecap_2002.pdf

call this number they may be able to answer your question as well.
CHSB's Firearms Records Bureau (617) 660-4780.

Posted by: Curious EMT

Quote:

Originally Posted by pcbme

Then tell your friend to get an "Assault Weapon License", aquire what I told you is illegal, and walk into his local MSP Baracks with it.

Posted by: pcbme

Quote:

Originally Posted by npd_323

Check this list out this is the Large Capacity Firearms Roster that is approved by the state. If the model weapon your freind wants is listed he is good to go

http://www.mass.gov/Eeops/docs/chsb/...gecap_2002.pdf

call this number they may be able to answer your question as well.
CHSB's Firearms Records Bureau (617) 660-4780.

Called CHSB.

You guys are right. If an "assault weapon" was manufactured before 9/13/1994, it is Mass ok. Otherwise, no.

Posted by: dcs2244

Apparently I have been misinformed. I was under the impression that an "assault weapon" was a high capacity rifle capable of fully automatic fire. To possess one in Massachusetts, you must have a machine-gun license ("green card"). To own one, you need a Federal License.

SOT can clarify my generalities.

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