Mass AG drops the bomb

[ladder13]

Admin Edit-
Massachusetts enacted an assault weapons ban that copied the federal ban of 1994.
See it here-
General Laws: CHAPTER 140, Section 121

Note the wording of the Mass law-

''Assault weapon'', shall have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994, and shall include, but not be limited to, any of the weapons, or copies or duplicates of the weapons, of any caliber, known as:

That sounds like the rifles exempted under the fed law would have to be exempted under the Mass law.
The Attorney General of Mass decided that the exempted weapons are NOT exempt, and ordered dealers on Wednesday to stop selling them.
I hope there is a challenge.

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original post-

They're not coming for your existing "assault rifles" just yet.


BREAKING: Massachusetts Attorney General Bans Sales of All New "Assault Weapons" As of Today - The Truth About Guns


The loophole in the Mass. assault weapons ban - The Boston Globe

[StakeOut]

Again,someone over stepping their authority.

The Mass. lawmakers make the laws same as the Congress of the US.

People in the Executive branches of government are sworn to enforce the laws.

The judiciary are charged with impartially ruling on whether the laws are in accordance with the state and federal constitutions.

[les.b]

We residents of the free states weep for the plight of folks who live in the tiny minority of states with heinous laws which recklessly endanger the lives of their residents. Massachusetts has long been one of these repressive states, and now, with this announcement by the AG, things there have become even bleaker.

Massachusetts, we extend our deepest sympathy to your residents.

If you haven't already, take advantage of handejector's offer, and renew, or upgrade your NRA membership before the end of the month, it is a wonderful deal. We need to all be in this fight, the enimies of freedom are everywhere, and are just more successful in some states than others.

Join your state firearms organization also. And vote in November!!!

Best Regards, Les

[Ben Cartwright SASS]

You beat me to the post! We are still not sure if this bans most semi-autos because part of her ruling is that "If a guns operating system is essentially the same as that of a banned weapon" it is illegal to possess or sell

[italiansport]

I am eternally grateful for having escaped from that State in my early 20s. When I have had to go back and visit(relatives) I feel like I was in a foreign Country.
Jim

[mauser9]

Always been oppressive in Ma. and will continue to be. Must be heaven to live in places like Arizona, W.Virginia, and Texas.

[les.b]

A little off track, but here in WV, we even have a "State Gun". I know that Utah has one as well, and a few other states. I have heard that in Mass. they want to remove the dangerous musket from the Minuteman statue. Geeze.



Dangerous 1775 model "Assault Rifle". Needs to be removed from statue. Might traumatize folks. Also, was made from melted down Civil War cannons. Therefore has a shady past.

If you guys think I'm making this stuff up, just check it out.

Best Regards, and best of luck. Les

[mauser9]

Massachusetts state gun would be a staple gun with no staples allowed. LOL

[inspcalahan]

Originally Posted by les.b

A little off track, but here in WV, we even have a "State Gun". I know that Utah has one as well, and a few other states. I have heard that in Mass. they want to remove the dangerous musket from the Minuteman statue. Geeze.

Alaska does as well - Pre64 Winchester M70 in .30-06

I fled California a good while back, somewhat in part to the BS politics and laws that were ruining what once was a nice, diverse and beautiful state. Other than losing a few years to retirement, but coming away with loads of experience and "life"...it was completely worth it. Now it's like watching a bad reality show....except I don't even watch.

[BB57]

So...one of these dedicated .22 LR carbines would be illegal to sell in MA now.

One is a dedicated .22LR rifle and is blow back operated - unlike the AR-15 - but it has a receiver and other parts that are "interchangeable" with an AR-15.

The other one is also a dedicated .22LR but doesn't have interchangeable parts (unless they count accessories that could go on any picatinney rail.



That's pretty stupid...

[Ben Cartwright SASS]

AG said anyone who bought one in the last 22 years is now a felon, but they won't go after us AT THIS TIME because we thought they were legal. But she also reserves the right to change her mind at any time and come after you.

[Kevin J.]

I believe the anti's are getting smarter and someone, maybe an adviser knows guns. Instead of focusing on the superficial items like pistol grips or extendable stocks they are focusing on the opeating system. This strategy could, IMO, then allow them to add any semi auto to the current class three designation along with full auto and shot barrell weapons. Not an outright ban but a vey heavy restriction which becomes a ban for all practical purposes.

[elpac3]

(vi) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;

OK - how many Semi Auto rifles have you seen that cannot accept a magazine capable of holding more than 5 rounds?

[2152hq]

This sort of executive overreach can happen anywhere, don't think you are safe from it just because you're not in MA, CA, NY, ect.
Those people have moved around and taken up residence and public office all over the country.
They love the warm weather and no snow!

VOTE in November.


,,,or be satisfied with a Remington Model 8 , 81 or Standard Arms Model G.
But they;ll take them away too once they figure out they exist.

[jimbo728]

Im saddened that the gun owners are again victimized and punished
and real crime is not the Ma AG`s first priority.
It is a very sad day.
Jim

[g8rb8]

Originally Posted by Ben Cartwright SASS

.....We are still not sure if this bans most semi-autos because part of her ruling is that "If a guns operating system is essentially the same as that of a banned weapon" it is illegal to possess or sell

Originally Posted by elpac3

(vi) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;

OK - how many Semi Auto rifles have you seen that cannot accept a magazine capable of holding more than 5 rounds?

To clarify what was quoted by elpac3, the law excludes from the banned list semi-auto rifles that cannot accept a magazine capable of holding more than 5 rounds.

I understand this is state law but based on my experience of interpreting Federal law the past 5 years I can see how this could be interpreted that any semi-auto rifle that uses magazines would be illegal because, even though a magazine holding more than 5 rounds might not be available, the rifle is certainly capable of accepting a magazine of greater capacity. It will be interesting to see how this gets interpreted. Based upon my recent experience those writing rules frequently fail to consider obvious possibilities or exceptions. I doubt this rule was meant to make illegal all semi-auto rifles that accept magazines, but who knows? It certainly leaves the door open.

[Ben Cartwright SASS]

That is the issue, currently it is being interpreted to stop the evil killy black guns but it could easily be interpreted to include all semi autos

[TTSH]

Total insanity. At some point, good, law-abiding citizens are just going to give up trying to obey the anti-Constitutional gun laws (and extreme lunatic interpretations thereof) that the sicko gun-grabbing moonbats want to impose on us. I think Massachusetts is now very close to that point with this bizarre decree.

I fear for our future greatly.

[CATI1835]

Since S&W is headquartered in MA, I wonder what this means for their future?

[Ben Cartwright SASS]

Probably not much, last year 10,000 AR's were bought in Mass but that is not just S&W's

that also is why the AG was having a bird, she felt there are too many evil killy guns out there

[CATI1835]

Originally Posted by CATI1835

Since S&W is headquartered in MA, I wonder what this means for their future?

I guess I should have been a bit clearer. Does anyone believe S&W might consider relocating to a more friendly state? Economic loss (jobs) to MA could be a side effect.

[Philadelphia Patriot]

Is MA AG an elected position or appointed? If elected then try to do a recall election of her. If appointed then do a recall election of the governor.

[scoobysnacker]

Good lord, people in states like that have my sympathy and support. I see that the Baton Rouge shooting was referenced; it was very interesting that during the police press briefing of the shooting, our State Police colonel (Mike Edmonson) made it a point to say that "gun control" was not the issue, it was what was inside a person's heart that was the issue.

I found it very telling that Edmonson felt the need to say this during the briefing, but I'm glad he had the foresight to do so. I think he might have pre-empted yet another national speech by doing that.

[Ben Cartwright SASS]

In Mass a person is never blamed, it is always a thing.

The Boston Bombers were just "fine fellows" per our Gov Deval Patrick, it was either the pressure cookers or their lack of more welfare

[TTSH]

Originally Posted by Philadelphia Patriot

Is MA AG an elected position or appointed? If elected then try to do a recall election of her.

She was elected. Crazy as it may sound, the alternative (same party opponent) was even worse... rabidly, almost violently, anti-2A. Her opponent on the other side was a newcomer and complete unknown.

[TTSH]

Originally Posted by BB57

So...one of these dedicated .22 LR carbines would be illegal to sell in MA now.

One is a dedicated .22LR rifle and is blow back operated - unlike the AR-15 - but it has a receiver and other parts that are "interchangeable" with an AR-15.

The other one is also a dedicated .22LR but doesn't have interchangeable parts (unless they count accessories that could go on any picatinney rail.

That's pretty stupid...

We are all just trying to figure it out at this point. It seems like each dealer has a different take on the directive at this point. I visited five dealers yesterday and no two dealers were taking the same road, especially in regard to .22LR rifles. That's how confusing it all is at this time.

[BaldEagle1313]

Pardon me for my ignorance here, but does the AG have the authority under Mass law to do this?

I've never claimed to be sharpest crayola in the box, but it sounds like she has decided that instead of enforcing the law based on what it has been determined to be by the judicial branch, she's taking it upon herself to interpret the law to fit her own personal agenda and using her position to do so by executive fiat.

[les.b]

Originally Posted by TTSH

We are all just trying to figure it out at this point. It seems like each dealer has a different take on the directive at this point. I visited five dealers yesterday and no two dealers were taking the same road, especially in regard to .22LR rifles. That's how confusing it all is at this time.

TTSH, Ben and others. Just wanted to let you guys know that when I "like" your posts, that I don't "like" the situation you find yourselves in up there, but that I am in agreement with you, and supportive of you.

Best wishes for the future, and Best Regards,

Les

[TTSH]

Originally Posted by Ben Cartwright SASS

AG said anyone who bought one in the last 22 years is now a felon, but they won't go after us AT THIS TIME because we thought they were legal. But she also reserves the right to change her mind at any time and come after you.

Pretty scary stuff. And more confusion that you can imagine.

Some supportive shops stayed open until midnight last night in order to give as many folks as possible a shot at one of the (now-banned) guns or at least a stripped lower receiver before the supposed midnight registration deadline. Other shops were not so clear on the deadline issue and chose to stop all sales immediately. Confusion and fear reigned at every shop in the state.

I was out well after 10 PM last night at one of the more supportive shops trying to find out more about the directive. The crowd was insane trying in desperation to buy anything before the deadline. Parking was impossible. I estimate at least 300 people in line, most of whom probably didn't have a chance at anything before midnight. Some said that at its height, there were over 500 people crowding the store. I believe it. So much for me ever owning that Sport II back-up AR that I sought.

There is a big warning here for all of us. This is how fast your 2A rights can be taken away... without any hearings or warnings or notice of any kind. An instant shutdown of your rights. It was surreal... even for crazy moonbat Massachusetts.

[TTSH]

Originally Posted by BaldEagle1313

Pardon me for my ignorance here, but does the AG have the authority under Mass law to do this?

I've never claimed to be sharpest crayola in the box, but it sounds like she has decided that instead of enforcing the law based on what it has been determined to be by the judicial branch, she's taking it upon herself to interpret the law to fit her own personal agenda and using her position to do so by executive fiat.

It's a brand new (or at least almost brand new) tactic. Something similar (i.e., "reimagining" or "redefining" an existing law or reg to foist more gun control on us) had been tried before on an administrative level and quietly failed... but this is way different. This is the AG doing this. Gun dealers and LTC holders must take this dead seriously or else.

Will she get away with it? That is a question for the courts and the legislature to decide... but remember: This is loony moonbat Massachusetts. That doesn't give us here a whole lot of hope.

[Ben Cartwright SASS]

Just thinking AG Healy could have instead of giving buyers until 11:59 pm to buy up the inventory, made it instant with her announcement "as of right now"
BUT maybe she knows she is going to get them all back anyway by declaring them banned (which they already are) and you have 30 days to turn them in or face a $10k fine per gun and 10 years in jail.
In Mass only a minority of our guns are not registered since we have the FA10 system that for years they claimed was to register the sale and make sure you were allowed to have that weapon, which asks then if it is not registration why the description and serial number had to be submitted.
So they have a list of what you have and if you don't turn them in or sell them out of state you will be paid a nice visit and get an all expenses paid vacation.

Finally she says she cares about innocent lives, but evidently only in Mass since she wants any assault weapons to be sold to people in other states. What about the innocent lives in say NH or OK?

[TTSH]

Originally Posted by Ben Cartwright SASS

Just thinking AG Healey could have instead of giving buyers until 11:59 pm to buy up the inventory, made it instant with her announcement "as of right now"
BUT maybe she knows she is going to get them all back anyway by declaring them banned (which they already are) and you have 30 days to turn them in or face a $10k fine per gun and 10 years in jail.

I would put nothing past her.

The ban effective time was a big controversial deal yesterday with the dealers. Different dealers had gotten different times and instructions from the AG's office regarding what they could do and could not do. Different news reports were reporting different details, some totally contradictory. It was like the recent coup in Turkey. What a confused, desperate mess... but I guess that's the way it is with an instant "Congratulations! You are now a felon!" gun ban.

[cmj8591]

Originally Posted by Philadelphia Patriot

Is MA AG an elected position or appointed? If elected then try to do a recall election of her. If appointed then do a recall election of the governor.

This is an elected position but you have to remember that Mass is essentially a one party state so it might as well be appointed.

[Ben Cartwright SASS]

I have a CAI WASR10 AK47 I got back in 2011. How do I tell is it is a pre-94 or not?

I assumed that to be sold here it had to be pre-94 but I got it at Zero Hour in Easton, now closed and they were known to push the envelope

[Philadelphia Patriot]

Didn't the Supreme Court just overturn MA's ban on stun guns and specified the 2nd Amendment applies to weapons that were not invented during the time of the signing of the Constitution? Can't the same argument be made about "assault rifles".

[GaryS]

There are a number of organization working on this issue, but I don't expect it to be resolved for a couple of years.

[hexnut]

Beretta moved out of Maryland because of anti gun legislation. They moved to Tennessee and are located about 4 miles from where I live.

[TTSH]

Originally Posted by Philadelphia Patriot

Didn't the Supreme Court just overturn MA's ban on stun guns and specified the 2nd Amendment applies to weapons that were not invented during the time of the signing of the Constitution? Can't the same argument be made about "assault rifles".

Interesting way to look at it, but I'm sure our nutty AG lady couldn't care less.

Originally Posted by GaryS

There are a number of organization working on this issue, but I don't expect it to be resolved for a couple of years.

That is going to depend on whether or not the legislature has taken offense at this surprise usurping of their exclusive law making power.

I tend to feel that Ms nutty AG lady would not have done this on her own without the "wink-wink" approval of the top legislative leaders. However, if she did do this all on her own, it could mean a fairly quick and unceremonious slap-down of her ludicrous decree.

[TTSH]

Originally Posted by Ben Cartwright SASS

I have a CAI WASR10 AK47 I got back in 2011. How do I tell is it is a pre-94 or not?

If it is a true WASR-10 (so marked) and not just some earlier Model 63 variant, then by definition it is post-ban (post-1994) rifle... even though some will tell you that it's entirely possible it was originally manufactured prior to 1994.

So get ready to go to prison under the new decree with the rest of us Ben. Trust me, you won't be lacking for company.

[GaryS]

The legislature is in session this weekend. This might end up on the agenda.

[Dvan34]

Unfortunately I live in the People's Republic of Kalifornia which has just approved several anti-gun laws and submitted them for the Novemeber Ballot. Hopefully they will not be approved but I doubt that will stop them from enacting them. The 9th Circuit has come out against CCW recently. Along with CA,under the 9th Circuit are AZ, WA. Oregon and Nevada. Offically nothing has changed - yet.

[TTSH]

Originally Posted by GaryS

The legislature is in session this weekend. This might end up on the agenda.

Big rally at the statehouse Saturday morning... so it's entirely possible that it will come up.

I'll be there making noise (as usual). Look for the little, round, gray bearded old man with the blue walker.

[Ben Cartwright SASS]

Originally Posted by TTSH

If it is a true WASR-10 (so marked) and not just some earlier Model 63 variant, then by definition it is post-ban (post-1994) rifle... even though some will tell you that it's entirely possible it was originally manufactured prior to 1994.

So get ready to go to prison under the new decree with the rest of us Ben. Trust me, you won't be lacking for company.

I was more interested in, if it was pre-ban I could get an obscene price for it fraid it is post ban

[Ben Cartwright SASS]

One thing that is unsure at this time, if you have an ILLEGAL RIFLE, even though the AG may not prosecute that doesn't stop individual DA's or Police from arresting you. Here is a list of things to think about from my club.

•

Overnight the Attorney General has unilaterally turned hundreds of thousands of lawful citizens into, what we are calling, “Felons in Waiting”. While the AG has “graciously” stated that: “…will not be applied to possession, ownership or transfer of an Assault weapon obtained prior to July 20, 2016.” It does not mean that she can’t change her mind tomorrow or that some other entity cannot use it against us, such as local licensing authorities that use the new rules to declare an applicant unsuitable for renewal. For all of you that bought these guns yesterday because of this rule… you must have missed the fine print, (prior to), guess what, she got you!
• Remember, her decision to not prosecute is only a “promise”. We have no written protections in law or regulation!
• Regardless if she promises not to prosecute, she has emphatically accused all of us of committing a felony for utilizing what she calls a “Loop Hole” to buy a “duplicate gun”.
• Members have asked “what should they do with their guns”? It really does not improve anyone’s situation by getting rid of any guns. She has stated that you have already committed a felony by getting it in the first place.
• Members have asked “can they bring their guns to the range”? Again, the AG has already said you are a felon in illegal possession of certain guns. If you travel with it, you risk being in possession in public with a declared illegal gun.
• The MA laws regarding “assault weapons” are as follows:
o Definitions: Chapter 140, Section 121
o AW Ban: Chapter 140, Section 131M
• Penalties for violating the MA AWB: “for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.”
• Without a doubt, regardless of how she tries to spin this, this is a NEW interpretation of our laws.
• The NEW rules ban all semi-automatic rifles that accept a detachable magazine and potentially some shotguns and handguns. (Not lawfully possessed prior to September13, 1994.)
• All transactions of approved weapons have been done through the consent of the Executive Office of Public Safety and Security (EOPSS). These have been done by means of the old paper FA-10 forms or the Massachusetts Instant Record Check System (MIRCS).
• None of the governors or attorney generals since 1998 have ever mentioned that the status quo for the guns we were purchasing there was a problem. So the only conclusion is that this NEW rule is either a lie or the last 18 years of approved transfers have been a massive entrapment case spanning four administrations.
• Statutory authority to promulgate regulations regarding the gun laws lies with the Secretary of EOPSS. If the governor wished to, he could promulgate emergency regulations to set the record straight and protect hundreds of thousands of citizens

[Ben Cartwright SASS]

I just heard an interesting thought on another forum that has 4,000 posts in the gun ban thread in 24 hours.

It may be tinfoil hat but he felt we could see the next step being a 30 day amnesty to turn in the illegal guns followed by full scale confiscation and extreme prison sentences.

[GaryS]

Take due notice thereof, and govern yourself accordingly.

Originally Posted by Ben Cartwright SASS

I just heard an interesting thought on another forum that has 4,000 posts in the gun ban thread in 24 hours.

It may be tinfoil hat but he felt we could see the next step being a 30 day amnesty to turn in the illegal guns followed by full scale confiscation and extreme prison sentences.

[garddogg56]

This is why Maine succeded from M*******CUECETTS IN 1820

[Ben Cartwright SASS]

Originally Posted by GaryS

Take due notice thereof, and govern yourself accordingly.

Hiram do you travel to the East?

[les.b]

In 4 or 5 months, the most important election season of our lives as gun owners will be upon us. The shaky 4-4 balance of the Supreme Court is going to be readjusted after the presidential election. Situations like the unfortunate one there in Massachusetts may be heading to SCOTUS. Heller and McDonald may be revisited, and as we saw in the recent rebuff of an appeal of a semi-auto ban by the now evenly balanced court may just be the start of unraveling the good and hard work that so many of us have labored over for so many years, and those who came before us. The freedoms enshrined in our constitution are literally up for grabs.

If you don't belong to the NRA, now is the time to join!! If you belong, upgrade. Lee has arranged this wonderful deal for all of us: NRA Life Membership for $500 - Ends July 31st but it is only good for the rest of July. We need numbers to combat the antis.

They have deeper pockets than we do. Michael Bloomberg has pledged to spend at least $50,000,000.00 (yes, that's 50 million dollars) on trying to elect anti Liberty candidates. But he is not the only Billionaire with deep pockets aligned against us. A lot of those dot-com guys, who have a spare Billion or so are throwing money into the mix.

We are all we have!!! This "Mess in Mass" is only going to be the beginning if we don't stick together. This is a fight we can't afford to lose.

I know that we are not supposed to talk politics here, so I am not mentioning any candidates by name or party. I have for many years split my vote among those candidates who support our constitutional rights. Sometimes it's a Democrat, sometimes a Republican. We must not lose the Supreme Court!!!

Please forgive me, I cannot stay silent, support the NRA and your state affiliates. Here in West Virginia, we have had a very good year, we now have constitutional carry, and a host of other reforms. The NRA and other gun rights organizations have done a wonderful job of educating our state legislature, and they in turn did great work.

Sorry to go on and on, but I can't think of anything more important right now, and it applies directly to the situation there in Massachusetts.

Best Regards, and thanks for reading and bearing with me, my heart goes out to you folks there in Massachusetts...your friend... Les

[McE]

Massachusetts should really just consider passing a law that makes shooting other people not in self-defense illegal or something.