Posted on 07/20/2016 10:56:51 AM PDT by DBrow
"The Massachusetts assault weapons ban mirrors the federal ban Congress allowed to expire in 2004. It prohibits the sale of specific weapons like the Colt AR-15 and AK-47 and explicitly bans “copies or duplicates” of those weapons. But gun manufacturers have taken it upon themselves to define what a “copy” or “duplicate” weapon is. They market “state compliant” copycat versions of their assault weapons to Massachusetts buyers. They sell guns without a flash suppressor or folding or telescoping stock, for example, small tweaks that do nothing to limit the lethalness of the weapon.
That will end now."
Q: What if I already own a gun that is a copy or duplicate?
•If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault weapon. But, as a matter of her discretion as a prosecutor, the Attorney General will not enforce the assault weapons ban against those who possess or transfer a copy or duplicate of a listed Assault weapon, if the weapon was obtained prior to July 20, 2016, when she issued the guidance.
•The AGO also will not enforce the law against a gun dealer that possesses or transfers a “copy or duplicate” weapon that was obtained prior to July 20, 2016, provided that transfers, if any, are made to persons or businesses in states where ownership of the weapon is legal.
Q: I am a law enforcement officer. Does the guidance affect me?
•No. The guidance does not change the law with respect to ownership of Assault weapons by law enforcement officers.
Q: What can I do to get rid of my gun?
•There are frequent state, regional or local buyback programs. Check with your local police department.
•You may also surrender any gun, at any time, for any reason to your local police department or to the State Police. See 5.15 CMR § 3.06.
Q: If the gun does not have certain features like a flash suppressor or a collapsible stock, can it still be an Assault weapon?
•Yes. If a weapon is a copy or duplicate of one of the enumerated models under one of the tests in the Enforcement Notice, it is a prohibited weapon, even if it does not have certain features such as a flash suppressor and a collapsible stock. In other words, a gun that meets one of the tests is an Assault weapon — even if its flash suppressor is removed and/or its stock is pinned in a fixed position.
•The Features Test, as referenced in state law and set out in the Enforcement Notice, is a separate and independent basis for concluding that a weapon is a banned Assault weapon.
A weapon is a Copy or Duplicate and is therefore a prohibited Assault weapon if it meets one orboth of the following tests and is 1) a semiautomatic rifle or handgun that was manufactured orsubsequently configured with an ability to accept a detachable magazine, or 2) a semiautomaticshotgun.31. Similarity Test: A weapon is a Copy or Duplicate if its internal functional components aresubstantially similar in construction and configuration to those of an EnumeratedWeapon. Under this test, a weapon is a Copy or Duplicate, for example, if the operatingsystem and firing mechanism of the weapon are based on or otherwise substantiallysimilar to one of the Enumerated Weapons.3 A weapon is not a Copy or Duplicate under this Guidance if it meets one or more of the exceptions ((i)-(vii))contained in the statutory definition of Assault weapon in Section 121.42. Interchangeability Test: A weapon is a Copy or Duplicate if it has a receiver that is thesame as or interchangeable with the receiver of an Enumerated Weapon. A receiver willbe treated as the same as or interchangeable with the receiver on an Enumerated Weaponif it includes or accepts two or more operating components that are the same as orinterchangeable with those of an Enumerated Weapon. Such operating components mayinclude, but are not limited to: 1) the trigger assembly; 2) the bolt carrier or bolt carriergroup; 3) the charging handle; 4) the extractor or extractor assembly; or 5) the magazineport.If a weapon meets one of the above tests, it is a Copy or Duplicate (and therefore a prohibitedAssault weapon), even if it is marketed as “state compliant” or “Massachusetts compliant.”The fact that a weapon is or has been marketed by the manufacturer on the basis that it is thesame as or substantially similar to one or more Enumerated Weapons will be relevant toidentifying whether the weapon is a Copy or Duplicate (and therefore a prohibited Assaultweapon) under the applicable test(s).
http://www.mass.gov/ago/public-safety/ag-letter-7-19-16.pdf
Dear Sir/Madam:
Today the Office of the Attorney General (AGO) is issuing the enclosed Enforcement
Notice to provide gun manufacturers, licensed dealers, and the public with greater clarification
on the Massachusetts Assault Weapons Ban, G.L. c. 140, §§ 128 and 13 IM, and the definition of
“Assault weapon” contained in G.L. c. 140, § 121. In particular, this notice provides information
on weapons that are prohibited “copies” or “duplicates” of the enumerated Assault weapons that
are banned under Massachusetts law. It will be effective as of July 20, 2016.
Guidance:
A weapon is a Copy or Duplicate and is therefore a prohibited Assault weapon if it meets one or both of the following tests and is 1) a semiautomatic rifle or handgun that was manufactured or subsequently configured with an ability to accept a detachable magazine, or 2) a semiautomatic shotgun.3
1. Similarity Test: A weapon is a Copy or Duplicate if its internal functional components are substantially similar in construction and configuration to those of an Enumerated Weapon. Under this test, a weapon is a Copy or Duplicate, for example, if the operating system and firing mechanism of the weapon are based on or otherwise substantially similar to one of the Enumerated Weapons.
What she proposes will fail in the first case taken to court. What she proposes is NOT in the current law. Her selective enforcement pledge has no teeth.
She lies when she says that the gun manufacturers have decided what is compliant and what is not. The LAW clearly spells out what is compliant and what is not.
Even still, I know of two gun dealers here in MA who have decided not to push it and are telling customers that after today, no sales of Ruger 556s or S&W Sport 5.56 rifles will be made. I wonder if this "directive" (i.e. nastily worded letter) has gone out to S&W and Ruger.
The whole thing is BS and will not stand.
a line often posted here on FR
If you want to make conservative mad tell a lie
If you want to make a leftist mad tell the truth
yeah yeah I know libs are already mad
oops sorry wrong thread
Hard to believe the Boston Tea Party was in this state years ago.
A previous AG has already decreed that Glocks cannot be sold, that a handgun must have a loaded chamber indicator and mag lockout, as well as other features. There is precedent for the AG’s unilateral action.
Going to court means that somebody has to get jammed up, and have legal and financial assistance to challenge, while losing your gun shop and license to operate or own, so that’s a dicey situation.
Massachusetts must be purged from the union
She has essentially admitted that the law is designed to eliminate features that have no relationship to preventing criminal activity.
BTW, I think the gun makers should invoke the Hillary Defense, ie, there is no evidence of an intention to violate the statute. In fact, the changes they made demonstrate they fully intended to comply with the law.
LOL When we all secede, we won’t invite them. Or, we’ll disinvite anyone from the MA government.
How is a flash suppressor a threat? You’d think it would be required. Frankly, a noise suppressor should be required.
Wyatt Earp in Tombstone,
I don't think I'll let you arrest us today, Beehan.
Conneticut and NY don't seem to be getting a lot of compliance with their unconstitutional BS, either. Deservedly so.
Taxachusetts take note! d:^)
“How is a flash suppressor a threat?” The Federal AWB was all about cosmetics, and a flash hider was one of them. I think Feinsten’s goal was to have a readily-recognized visual she could use for conditioning the public.
During the Clinton AWB there were over a million ARs sold sans hider or bayonet lug and the antis seemed to be fine with that.
Run! He’s holding a flash hider!
...: What can I do to get rid of my gun???..
Contact any Freeper.
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