I have heard conflicting info from different LEO's regarding ownership of AR-15's by LEO's living in MA. Here is my question. Can a LEO living in MA legally own an AR-15 with collapsable stock and flash supressor? I have read about purchasing AR-15's on agency letterhead, but assuming the AR-15 was legally purchased and owned by the LEO while residing in another state, and he then moves to Mass., can he bring gun with him?
Posted by: Killjoy
My best guess would be no, but I am no lawyer. The gun laws in Mass are murky at best, but here is my interpretation. The "assault weapons" ban enacted nationally by Congress in 1994 and which expired in 2004 did not end in Mass. Essentially we are still in it. These means while most rifles are not prohibited from being owned, they still cannot have the "evil features" described in the ban. This includes combinations of flash suppressors, bayonet lugs, folding/collapsible stocks, protruding pistol grips and high capacity magazines (over 10 rounds). Some features can be kept if others are avoided, for instance, M1A's can keep their flash suppressors because the bayonet lugs are omitted and they have no protruding pistol grip. Weapons made before the ban were "grandfathered" in and not subject to any of the ban's regulations, hence the once popular term "pre-ban". Also magazines manufactured before 1994 were also grandfathered in and legal to possess.
Herein lies the problem, is a rifle manufactured after the expiration of the old ban, legally possessed and sold outside the boundaries of the commonwealth still "pre ban"? I would guess no, if we interpret the continued ban in Mass as an extension of the now lapsed federal ban. New high-capacity magazines would also be technically illegal, but are impossible to track because they are often not stamped with a manufacture date, not serially controlled, and can be purchased anywhere. Because the burden of proof would be on the state to prove a magazine is illegal, and because most lawyers don't know spit about firearms, I would guess it would be nearly impossible to convict someone of possessing a new high capacity magazine, as long as they possessed a class A LTC.
As far as being an LEO, this might or might not work for you. Generally only departed-approved weapons were exempt from the 1994 ban, but many departments required officers to purchase their own weapons, or allowed officers to carry privately-owned weapons on patrol, which would exempt them. Some dealer have interpreted this to mean than any LEO can purchase post-ban rifles with pre-ban features with appropriate department ID. Some require a letter signed by the CLEO or his designee. Some dealers simply will not sell anything that could be interpreted as post-ban with pre ban features to any law enforcement officer, whether it is official or private purchase. Like I said before, this is a murky area. A call to the Attorney General's office will not likely help, as they are as clueless about this as anyone. They also will make no "official" statement or issue any written interpretations as this could hinder future prosecutions (which they do at their leisure), and could affect certain persons political aspirations.
Please do not interpret my statements as anything more than my personal opinions and guesses. I am not a lawyer and I do not represent the official position of any department that I may or may not be a member of.
Good luck, and welcome to Mass.
Posted by: Wolfman
Honestly you need to speak with a lawyer who has experience with firearms licensing issues.
"Murky" is an understatement. The hairball my cat just puked up on the rug is more organized than the firearms laws and regulations in Massachusetts.
Posted by: mhabby
Killjoy and Wofman-
Thanks. That's pretty much what I have been hearing from others and what I have learned on my own. "Gray area" is an understatement. Any MA attorneys schooled on firearms law care to chime in?
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