Mass Confusion
"Large Capacity", "Assault Rifle", "Pre-Ban", "Post Ban", LTC, FID, Mass Compliant List.
Massachusetts has some of the strictest Gun Laws in the country. Unfortunately for those of us who live here, they are also some of the most confusing.
While we'll only scratch the surface here I'll try to clear up some of that confusion and hopefully keep you out of trouble.
We "strongly suggest" you visit our Firearms Laws main page and familiarize yourself with the Massachusetts General Laws.
While we'll only scratch the surface here I'll try to clear up some of that confusion and hopefully keep you out of trouble.
We "strongly suggest" you visit our Firearms Laws main page and familiarize yourself with the Massachusetts General Laws.
Public Safety and Recreational Firearms Use Protection Act
More commonly known as the Federal Assault Weapons Ban (AWB) this act was passed by the U.S. Congress on September 13, 1994, and expired on September 13, 2004.
This law not only defined the criteria for an assault weapon, but also specified specific weapons, copies or duplicates of them in any caliber, and went on to ban the import of such weapons in 1989. It also set a federal limit of 10 rounds on all feeding devices, i.e. magazines.
As a result, weapons and large capacity feeding devices manufactured and or possessed on or before September 13, 1994, were grandfathered.
Studies have shown that not only did the bill have no impact on crimes committed with restricted items, but in fact crime continued to increase during the period the ban was in effect. Nevertheless, ONLY Massachusetts still recognizes it as law.
Before we get into that, let us define what constitutes an "Assault Weapon":
This law not only defined the criteria for an assault weapon, but also specified specific weapons, copies or duplicates of them in any caliber, and went on to ban the import of such weapons in 1989. It also set a federal limit of 10 rounds on all feeding devices, i.e. magazines.
As a result, weapons and large capacity feeding devices manufactured and or possessed on or before September 13, 1994, were grandfathered.
Studies have shown that not only did the bill have no impact on crimes committed with restricted items, but in fact crime continued to increase during the period the ban was in effect. Nevertheless, ONLY Massachusetts still recognizes it as law.
Before we get into that, let us define what constitutes an "Assault Weapon":
Semi-Automatic Rifles
Able to accept detachable magazines and
two or more of the following:
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Semi-Automatic Pistols
With detachable magazines and
two or more of the following:
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Semi-Automatic Shotguns
With two or more of the following:
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As you can see, contrary to what 99% of the people believe, "assault weapons" are not fully automatic weapons. Fully Automatic weapons are "Machine Guns" and classified as NFA Weapons by the National Firearms Act of 1968
Pre-Ban
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Post-Ban
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Before we get into the Mass Compliant List and confuse you even more, lets answer a few common questions.
Q) My LTC is a Class A and allows Large Capacity. Why can't I buy large capacity magazines for my firearm?
A) You can, so long as that magazine was manufactured and was possessed within the Commonwealth of Mass on or before September 13, 1994 it is perfectly legal to purchase and possess
Q) My friend in N.H. bought a new S&W M&P with extra 15 round magazines. Can I use one of his magazines in my S&W M&P?
A) No. The magazines were neither manufactured nor possessed within the Commonwealth of Mass on or before September 13, 1994.
A) No. The magazines were neither manufactured nor possessed within the Commonwealth of Mass on or before September 13, 1994.
Q) My friend from N.H. moved to Mass with his S&W M&P with 15 round magazines. Can I purchase the gun from him?
A) Yes, you can purchase the gun, however you cannot purchase or possess the 15 round magazines.
A) Yes, you can purchase the gun, however you cannot purchase or possess the 15 round magazines.
Q) I have an FID Card. Can I purchase pistol ammunition?
A) With the exception of .22 rimfire ammunition, No. The FID does not allow the purchase or possession of handguns or their ammunition.
A) With the exception of .22 rimfire ammunition, No. The FID does not allow the purchase or possession of handguns or their ammunition.
The Mass Compliant List
This little gem causes more confusion than all the legalese combined. So, what is it and how does it affect you?
A direct result of the Massachusetts Gun Control Act of 1998 the Mass Approved Firearms Roster, dictates what firearms may be sold in Massachusetts. To be included on this list manufacturers must submit every model firearm they wish to sell in Massachusetts for testing. They must meet the criteria defined by the state for inclusion on the list.
As a result of these requirements many manufacturers refuse to sell in Massachusetts. Another problem created by this list is the limited availability to the public of firearms to be sold. While the rest of the country has a shopping cart the size of a beach ball to choose from, consumers in Massachusetts have only a golf ball sized shopping cart to pick from.
The other downside to us is the actual manufacture of product. To meet the imposed criteria on products for sale in Massachusetts, manufacturers must either shutdown and "retool" their manufacturing lines to produce product for Massachusetts or bear the expense of setting up an entirely separate line just for Massachusetts. Since sales to the rest of the country far outweigh those to Massachusetts it's not hard to figure out who is at the bottom of the priority list.
Now that you know what it is and some of the ways it affects you the consumer, lets talk more about the confusion it causes.
To eliminate most of the confusion you must first realize that the Mass compliant list only applies to FFL dealers.
This is how it works. Any firearm brought into the state via a dealer, must be on the compliant list. This means that if you see that 70 Series Colt 1911 on an auction site in Arizona you cannot buy it - why? Federal Law states that you can only purchase a handgun in the state in which you reside. Therefore, even though the purchase is from a private party, the transfer must go through an FFL dealer. Since the gun is not on the compliant list, the Mass dealer cannot accept it.
An individual who lives in Massachusetts is selling that same 70 Series Colt 1911, it is perfectly legal for you to purchase and possess it. The compliant list does not affect private sales between individuals. Also, as long as a non-compliant firearm was possessed in Massachusetts prior to October 21, 1998 it is legal for a dealer to sell in Massachusetts.
A direct result of the Massachusetts Gun Control Act of 1998 the Mass Approved Firearms Roster, dictates what firearms may be sold in Massachusetts. To be included on this list manufacturers must submit every model firearm they wish to sell in Massachusetts for testing. They must meet the criteria defined by the state for inclusion on the list.
As a result of these requirements many manufacturers refuse to sell in Massachusetts. Another problem created by this list is the limited availability to the public of firearms to be sold. While the rest of the country has a shopping cart the size of a beach ball to choose from, consumers in Massachusetts have only a golf ball sized shopping cart to pick from.
The other downside to us is the actual manufacture of product. To meet the imposed criteria on products for sale in Massachusetts, manufacturers must either shutdown and "retool" their manufacturing lines to produce product for Massachusetts or bear the expense of setting up an entirely separate line just for Massachusetts. Since sales to the rest of the country far outweigh those to Massachusetts it's not hard to figure out who is at the bottom of the priority list.
Now that you know what it is and some of the ways it affects you the consumer, lets talk more about the confusion it causes.
To eliminate most of the confusion you must first realize that the Mass compliant list only applies to FFL dealers.
This is how it works. Any firearm brought into the state via a dealer, must be on the compliant list. This means that if you see that 70 Series Colt 1911 on an auction site in Arizona you cannot buy it - why? Federal Law states that you can only purchase a handgun in the state in which you reside. Therefore, even though the purchase is from a private party, the transfer must go through an FFL dealer. Since the gun is not on the compliant list, the Mass dealer cannot accept it.
An individual who lives in Massachusetts is selling that same 70 Series Colt 1911, it is perfectly legal for you to purchase and possess it. The compliant list does not affect private sales between individuals. Also, as long as a non-compliant firearm was possessed in Massachusetts prior to October 21, 1998 it is legal for a dealer to sell in Massachusetts.