Gold Supporter
- Messages
- 24,716
- Reactions
- 37,543
The NSSF is suing the Massachusetts AG for her BS 2016 decision to reinterpret MA assault weapons ban, which greatly widen the scope of the ban. If the NSSF prevails how might this effect other States with similar language in their AW ban laws.
After 3 attempts to have suit dimissed AG fails.
One of my favorite Mass AG's quotes:
"They are meant to kill people in a very short amount of time. They do not belong in civilian hands."
As opposed to what, "the rack" which is designed to kill people over a long period of time?
Here is law combined with 2016 reinterpretation:
1
July 20, 2016
ENFORCEMENT NOTICE
PROHIBITED ASSAULT WEAPONS
The Office of the Attorney General (AGO) is issuing this Enforcement Notice to provide a
framework to gun sellers and others for understanding the definition of "Assault weapon"
contained in G.L. c. 140, § 121 ("Section 121"). In particular, this notice provides guidance on
the identification of weapons that are "copies" or "duplicates" of the enumerated Assault
weapons that are banned under Massachusetts law.
This guidance will be applied to future transfers of "Assault weapons," as that term is defined in
Section 121. This may include, without limitation, the AGO's enforcement of criminal laws such
as G.L. c. 140, §§ 128 and 131M, and civil laws such as G.L. c. 93A.
Background:
The sale, transfer, or possession of an "Assault weapon," as defined in Section 121, is unlawful
pursuant to G.L. c. 140, §§ 128 and 131M.
"Assault weapon" is defined 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 [emphasis added], of any caliber, known as:1
(i) Avtomat Kalashnikov (AK) (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR and FNC;
(vi) SWD M-10, M-11, M-11/9 and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as, or similar to, the Street Sweeper and
Striker 12;
provided, however, that the term assault weapon shall not include:
(i) any of the weapons, or replicas or duplicates of such weapons, specified in
appendix A to 18 U.S.C. section 922 as appearing in such appendix on
1 The enumerated weapons are slightly renumbered here for clarity in light of a redundant numbering scheme in the
text of the statute.
2
September 13, 1994, as such weapons were manufactured on October 1,
1993;
(ii) any weapon that is operated by manual bolt, pump, lever or slide action;
(iii) any weapon that has been rendered permanently inoperable or otherwise
rendered permanently unable to be designated a semiautomatic assault
weapon;
(iv) any weapon that was manufactured prior to the year 1899;
(v) any weapon that is an antique or relic, theatrical prop or other weapon that
is not capable of firing a projectile and which is not intended for use as a
functional weapon and cannot be readily modified through a combination
of available parts into an operable assault weapon;
(vi) any semiautomatic rifle that cannot accept a detachable magazine that
holds more than five rounds of ammunition; or
(vii) any semiautomatic shotgun that cannot hold more than five rounds of
ammunition in a fixed or detachable magazine.
Section 121 incorporates by reference the definition of "semiautomatic assault weapon" in the
former federal assault weapons ban. This establishes that in Massachusetts weapons with the
following characteristics are also within the definition of Assault weapon:2
18 U.S.C. section 921(a) (30) as appearing in such section on September 13, 1994:
(B) a semiautomatic rifle that has an ability to accept a detachable magazine and
has at least 2 of—
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the
weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor; and
(v) a grenade launcher;
(C) a semiautomatic pistol that has an ability to accept a detachable magazine and
has at least 2 of—
(i) an ammunition magazine that attaches to the pistol outside of the
pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encircles, the
barrel and that permits the shooter to hold the firearm with the
nontrigger hand without being burned;
2 The former federal assault weapons ban also included the enumerated weapons described in the Commonwealth's
definition of "Assault weapons" together with "copies or duplicates of such weapons."
3
(iv) a manufactured weight of 50 ounces or more when the pistol is
unloaded; and
(v) a semiautomatic version of an automatic firearm; and
(D) a semiautomatic shotgun that has at least 2 of—
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the
weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.
Summary:
Under the Commonwealth's statutory definition, the following are "Assault weapons":
1) Weapons on the list enumerated in G.L. c. 140, § 121, such as the Colt
AR-15 ("Enumerated Weapons");
2) "Copies" or "Duplicates" of the Enumerated Weapons ("Copies or
Duplicates"); and
3) Weapons with certain features as identified in former 18 U.S.C. § 921(a)
(30) ("Features Test").
The AGO is issuing this enforcement notice to explain: (i) what it will deem to be "Copies or
Duplicates" of the Enumerated Weapons in Section 121, and (ii) the distinction between Assault
weapons that are "Copies or Duplicates" of Enumerated Weapons and Assault weapons that are
defined by the Features Test above.
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.
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.
4
2. Interchangeability Test: A weapon is a Copy or Duplicate if it has a receiver that is the
same as or interchangeable with the receiver of an Enumerated Weapon. A receiver will
be treated as the same as or interchangeable with the receiver on an Enumerated Weapon
if it includes or accepts two or more operating components that are the same as or
interchangeable with those of an Enumerated Weapon. Such operating components may
include, but are not limited to: 1) the trigger assembly; 2) the bolt carrier or bolt carrier
group; 3) the charging handle; 4) the extractor or extractor assembly; or 5) the magazine
port.
If a weapon meets one of the above tests, it is a Copy or Duplicate (and therefore a prohibited
Assault 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 the
same as or substantially similar to one or more Enumerated Weapons will be relevant to
identifying whether the weapon is a Copy or Duplicate (and therefore a prohibited Assault
weapon) under the applicable test(s).
Under Section 121, the Features Test in the former 18 U.S.C. section 921(a)(30) remains an
independent basis for qualification as an Assault weapon.
If a weapon, as manufactured or originally assembled, is a Copy or Duplicate under one or both
of the applicable tests, it remains a prohibited Assault weapon even if it is altered by the seller.
Therefore, a Copy or Duplicate will be treated as an Assault weapon even if it is altered, for
example, by pinning the folding or telescoping stock in a fixed position, by removing the pistol
grip, by removing a bayonet mount or flash suppressor, or by preventing the weapon from
accepting a detachable magazine.
Purely cosmetic similarities to an Enumerated Weapon, such as finish, appearance, or shape of
the stock, or appearance or shape of the rail, will not be treated as relevant to a determination of
whether a weapon is a Copy or Duplicate.
Application of this Enforcement Notice (dealers licensed under G.L. c. 140, § 122):
The Guidance will not be applied to future possession, ownership or transfer of Assault weapons
by dealers, provided that the dealer has written evidence that the weapons were transferred to the
dealer in the Commonwealth prior to July 20, 2016, and provided further that a transfer made
after July 20, 2016, if any, is made to persons or businesses in states where such weapons are
legal.
Application of this Enforcement Notice (individual gun owners):
The Guidance will not be applied to possession, ownership or transfer of an Assault weapon
obtained prior to July 20, 2016.
The AGO reserves the right to alter or amend this guidance.
After 3 attempts to have suit dimissed AG fails.
One of my favorite Mass AG's quotes:
"They are meant to kill people in a very short amount of time. They do not belong in civilian hands."
As opposed to what, "the rack" which is designed to kill people over a long period of time?
Here is law combined with 2016 reinterpretation:
1
July 20, 2016
ENFORCEMENT NOTICE
PROHIBITED ASSAULT WEAPONS
The Office of the Attorney General (AGO) is issuing this Enforcement Notice to provide a
framework to gun sellers and others for understanding the definition of "Assault weapon"
contained in G.L. c. 140, § 121 ("Section 121"). In particular, this notice provides guidance on
the identification of weapons that are "copies" or "duplicates" of the enumerated Assault
weapons that are banned under Massachusetts law.
This guidance will be applied to future transfers of "Assault weapons," as that term is defined in
Section 121. This may include, without limitation, the AGO's enforcement of criminal laws such
as G.L. c. 140, §§ 128 and 131M, and civil laws such as G.L. c. 93A.
Background:
The sale, transfer, or possession of an "Assault weapon," as defined in Section 121, is unlawful
pursuant to G.L. c. 140, §§ 128 and 131M.
"Assault weapon" is defined 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 [emphasis added], of any caliber, known as:1
(i) Avtomat Kalashnikov (AK) (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR and FNC;
(vi) SWD M-10, M-11, M-11/9 and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as, or similar to, the Street Sweeper and
Striker 12;
provided, however, that the term assault weapon shall not include:
(i) any of the weapons, or replicas or duplicates of such weapons, specified in
appendix A to 18 U.S.C. section 922 as appearing in such appendix on
1 The enumerated weapons are slightly renumbered here for clarity in light of a redundant numbering scheme in the
text of the statute.
2
September 13, 1994, as such weapons were manufactured on October 1,
1993;
(ii) any weapon that is operated by manual bolt, pump, lever or slide action;
(iii) any weapon that has been rendered permanently inoperable or otherwise
rendered permanently unable to be designated a semiautomatic assault
weapon;
(iv) any weapon that was manufactured prior to the year 1899;
(v) any weapon that is an antique or relic, theatrical prop or other weapon that
is not capable of firing a projectile and which is not intended for use as a
functional weapon and cannot be readily modified through a combination
of available parts into an operable assault weapon;
(vi) any semiautomatic rifle that cannot accept a detachable magazine that
holds more than five rounds of ammunition; or
(vii) any semiautomatic shotgun that cannot hold more than five rounds of
ammunition in a fixed or detachable magazine.
Section 121 incorporates by reference the definition of "semiautomatic assault weapon" in the
former federal assault weapons ban. This establishes that in Massachusetts weapons with the
following characteristics are also within the definition of Assault weapon:2
18 U.S.C. section 921(a) (30) as appearing in such section on September 13, 1994:
(B) a semiautomatic rifle that has an ability to accept a detachable magazine and
has at least 2 of—
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the
weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor; and
(v) a grenade launcher;
(C) a semiautomatic pistol that has an ability to accept a detachable magazine and
has at least 2 of—
(i) an ammunition magazine that attaches to the pistol outside of the
pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encircles, the
barrel and that permits the shooter to hold the firearm with the
nontrigger hand without being burned;
2 The former federal assault weapons ban also included the enumerated weapons described in the Commonwealth's
definition of "Assault weapons" together with "copies or duplicates of such weapons."
3
(iv) a manufactured weight of 50 ounces or more when the pistol is
unloaded; and
(v) a semiautomatic version of an automatic firearm; and
(D) a semiautomatic shotgun that has at least 2 of—
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the
weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.
Summary:
Under the Commonwealth's statutory definition, the following are "Assault weapons":
1) Weapons on the list enumerated in G.L. c. 140, § 121, such as the Colt
AR-15 ("Enumerated Weapons");
2) "Copies" or "Duplicates" of the Enumerated Weapons ("Copies or
Duplicates"); and
3) Weapons with certain features as identified in former 18 U.S.C. § 921(a)
(30) ("Features Test").
The AGO is issuing this enforcement notice to explain: (i) what it will deem to be "Copies or
Duplicates" of the Enumerated Weapons in Section 121, and (ii) the distinction between Assault
weapons that are "Copies or Duplicates" of Enumerated Weapons and Assault weapons that are
defined by the Features Test above.
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.
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.
4
2. Interchangeability Test: A weapon is a Copy or Duplicate if it has a receiver that is the
same as or interchangeable with the receiver of an Enumerated Weapon. A receiver will
be treated as the same as or interchangeable with the receiver on an Enumerated Weapon
if it includes or accepts two or more operating components that are the same as or
interchangeable with those of an Enumerated Weapon. Such operating components may
include, but are not limited to: 1) the trigger assembly; 2) the bolt carrier or bolt carrier
group; 3) the charging handle; 4) the extractor or extractor assembly; or 5) the magazine
port.
If a weapon meets one of the above tests, it is a Copy or Duplicate (and therefore a prohibited
Assault 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 the
same as or substantially similar to one or more Enumerated Weapons will be relevant to
identifying whether the weapon is a Copy or Duplicate (and therefore a prohibited Assault
weapon) under the applicable test(s).
Under Section 121, the Features Test in the former 18 U.S.C. section 921(a)(30) remains an
independent basis for qualification as an Assault weapon.
If a weapon, as manufactured or originally assembled, is a Copy or Duplicate under one or both
of the applicable tests, it remains a prohibited Assault weapon even if it is altered by the seller.
Therefore, a Copy or Duplicate will be treated as an Assault weapon even if it is altered, for
example, by pinning the folding or telescoping stock in a fixed position, by removing the pistol
grip, by removing a bayonet mount or flash suppressor, or by preventing the weapon from
accepting a detachable magazine.
Purely cosmetic similarities to an Enumerated Weapon, such as finish, appearance, or shape of
the stock, or appearance or shape of the rail, will not be treated as relevant to a determination of
whether a weapon is a Copy or Duplicate.
Application of this Enforcement Notice (dealers licensed under G.L. c. 140, § 122):
The Guidance will not be applied to future possession, ownership or transfer of Assault weapons
by dealers, provided that the dealer has written evidence that the weapons were transferred to the
dealer in the Commonwealth prior to July 20, 2016, and provided further that a transfer made
after July 20, 2016, if any, is made to persons or businesses in states where such weapons are
legal.
Application of this Enforcement Notice (individual gun owners):
The Guidance will not be applied to possession, ownership or transfer of an Assault weapon
obtained prior to July 20, 2016.
The AGO reserves the right to alter or amend this guidance.
Last Edited:
