If you have any questions about regulations and laws, please browse the links below first to learn more about Massachusetts and Federal Laws & Regulations.
What about the 1994 Federal “Assault Weapons Ban” that is not longer in effect in most other states?
We are not attorneys however now that the federal ban on certain types of rifles magazines has sunset, how does it affect Massachusetts? The way that we understand Session Laws: Chapter 150 of the Acts of 2004, means that nothing changes in this state. MA dealers still cannot sell high capacity rifles that have collapsible stocks, flash suppressors, etc. (commonly referred to as “pre-ban”) or high capacity magazines made after 9/1994. This law refers to the original law Chapter 140.
Still not sure?
Below is an explanation that Ed M. (an attorney and a Four Seasons customer) sent to us:
§ 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. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, 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.
The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.
Emphasis was added by the sender. Our comment: $1,000 – $10,000 fine and 1 – 10 years (first offense) for selling and possession. Please don’t ask us to get you high capacity magazines that are made after September 13, 1994. Also, note that you cannot make your MA legal Bushmaster into a pre-ban configuration by adding a collapsible stock.
What is Don’t Lie For The Other Guy? Don’t Lie for the Other Guy is a joint program of the National Shooting Sports Foundation (NSSF) and the Bureau of Alcohol, Tobacco, and Firearms (ATF). The program provides firearms retailers with comprehensive materials to educate retail sales personnel on how to detect and deter straw purchases, and to alert potential strawman purchasers of the consequences of participating in a strawman purchase.
What is a strawman purchase? A “straw purchase” occurs when the actual buyer of a firearm uses another person, the “straw purchaser” to execute the paperwork necessary a firearm from a Federal firearms licensee. A strawman purchase is sometimes used because the actual purchaser is prohibited from acquiring the firearm. The straw purchaser then makes a false statement on the ATF Form 4473 when answering question 9(a), which asks about the identity of the actual purchaser. Such false statements are punishable by a fine of up to $250,000 and up to 10 years imprisonment.
State Laws & Regulatons
Sales of handguns in Massachusetts are subject to the Chapter 180 laws AND the Attorney General’s Consumer Protection Regulations. The laws and regulations are not plain and simple. Basically the go like this:
New handguns can only be sold if they are on the APPROVED ROSTER LIST and meet the Attorney Generals regulations.
NEW MANUFACTURE HANDGUNS
Most SIG, S&W, Beretta, Walther and the Seecamp .32 can be sold as new models because they are on The List and comply with the AG’s regs. (See requirements below)
If a handgun is on the Roster List it does not necessarily meet the Consumer Protection regulations,
For example: New Glocks are on the Roster List but are NOT in compliance with the REGULATIONS, therefore they can’t be sold as new. The same goes for Para-Ordnance, Kahr, Ruger semi-auto pistols and others.
If a handgun is on THE LIST we can sell or transfer that model if it was made before 10/21/98.
If the handgun is NOT on THE LIST, it had to be registered to a MA resident or under a MA dealer’s license prior to 10/21/98.
Four Seasons will not transfer any handgun for which the seller cannot prove that the firearm was registered to
a MA resident or under a MA dealer’s license prior to 10/21/98 if it is not on the Approved Roster List.
Many customers call us with “WHAT IF I…..?” scenarios. There is no way to circumvent these laws and regulations. Please don’t call us asking for loopholes in these laws and regulations. There are none. The rules by which we must conduct our business are cut and dry. Any dealer who does not follow these regulations and laws is subject to severe fines and/or prison time.
Please note the following statement that is on the first page of the APPROVED ROSTER LIST:
Pursuant to the requirements of 501 CMR 7.03; firearms dealers should note the following warning:
TRANSFERS OF HANDGUNS ARE ALSO SUBJECT TO THE ATTORNEY GENERAL’S HANDGUN SALES REGULATIONS; 940 C.M.R. 16.00 ET SEQ. FIREARMS ON THIS ROSTER DO NOT NECESSARILY COMPLY WITH THE REQUIREMENTS OF THE ATTORNEY GENERAL’S HANDGUN SALES REGULATIONS. INFORMATION ABOUT THOSE REGULATIONS CAN BE OBTAINED FROM THE OFFICE OF THE ATTORNEY GENERAL AND CAN BE ACCESSED ON THE ATTORNEY GENERAL’S WEBSITE, HERE.
Summary of the Attorney General 940 CMR 16.00 et seq. regulations
The regulation is a manufacturing specification that requires at least the following: