Large
Capacity Weapons and “Assault Weapons”
Large
Capacity Weapons Roster
Definitions:
A
large capacity feeding device is a
fixed or detachable magazine, box, drum feed strip or similar device capable of
accepting or convertible to accept more than ten rounds of ammunition or more
than five shotgun shells. The only
exemption is an attached tubular device capable of operating only with .22
caliber ammunition. (Chapter 140, section
123)
A
gun is a “large capacity weapon”
if it:
-
is semi-automatic with a fixed large capacity feeding device;
-
is semiautomatic and capable of accepting or being modified to accept a
large capacity feeding device;
-
employs a rotating cylinder capable of accepting more than ten rounds of
ammunition in a rifle or handgun and more than five shells in the case of a
shotgun or firearm; or
-
is an “assault weapon.” (Chapter
140, section 121)
What
does this really mean? While this definition could apply to virtually all
semi-automatics, the Secretary of Public Safety has explained it a little more
thoroughly in the heading of “large capacity weapon roster.”
-
For the purposes of Chapter 140, section 121,
“Capable of accepting” shall mean any firearm, rifle or shotgun in which
a large capacity feeding device is capable of being used without alteration of
the weapon; provided, however, that said feeding device is fully or partially
inserted into the weapon or attached thereto, or is under the director control
of a person who also has direct control of a weapon capable of accepting said
feeding device.
-
For the purposes of Chapter 140, section 121, “readily
modifiable to accept” shall mean any firearm, rifle or shotgun immediately
capable of being altered so as to accept a large capacity feeding device,
provided, however that said feeding device is fully or partially inserted into
the weapon on attached thereto, or is under the direct control of a person who
also has direct control of a weapon capable of accepting said feeding device.
The Executive Office of Public Safety has released a preliminary roster of
“large capacity weapons.”
What this means to the average
gun owner:
“Assault
Weapons”
Chapter
180 defined certain handguns, rifles and shotguns as “assault weapons.”
(Chapter 140, section 121) The
definition is very similar to that in federal law.
For
purposes of licensing, an “assault weapon” is considered a “large capacity
weapon.” In other words, an “assault weapon” which is a handgun would
require a Class A license to carry a firearm to purchase or possess.
No
person is allowed to 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. (Chapter
140, section 131M).
The
federal ban on “assault weapons” was in effect from 1994 to 2004. Therefore,
Massachusetts residents need to be careful when purchasing such items.
When
in doubt, ask the dealer or manufacturer when the item was manufactured.
-
If
the item was made before the federal ban – those Mass. Residents can own
with the proper license.
-
If
the gun was made between 1994 and 2004, then it is not an “assault
weapon” and may be purchased by residents with licenses.
-
If
the gun was made after September 2004, one should ask if the firearm
could have been sold in that configuration prior to that date. If the
answer is yes, then it would be lawful for Mass residents with proper
licenses to own.
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