Chapter 135 (H.4885) – Assault Style Firearms (ASF)

The following should not be taken as legal advice.

As with everything regarding Chapter 135, this summary is fluid and could change at any time.

The "grandfathering" dates are being revised as more research is being conducted on how "lawfully owned" will be interpreted.

Under the new law due to be enforced in late October, there are a few different definitions of what an ASF can be:

1.       Any firearm listed on the assault style firearms roster.

2.       A semi-automatic rifle that accepts a detachable magazine and has two of the following features.

a.       Folding/collapsible stock

b.       Thumbhole stock

c.       Pistol grip

d.       Forward grip or second protruding handgrip

e.       Bayonet lug

f.        Grenade launcher

g.       A threaded barrel for a flash suppressor, muzzle break, or similar feature

h.       Barrel shroud

3.    A semiautomatic pistol with the capacity to accept a detachable feeding device and includes at least 2 of the following features:

a.    A magazine/feeding device that attaches to the pistol outside of the pistol grip

b.    A second handgrip or a protruding grip that can be held by the non-trigger hand

c.    Threaded barrel capable of accepting a flash suppressor forward handgrip or silencer

d.    A shroud that encircles either all or part of the barrel, excluding a slide that encloses the barrel.

4.    A semiautomatic shotgun that includes at least 2 of the following features:

a.    A folding or telescopic stock

b.    A thumbhole stock or pistol grip

c.    A protruding grip for the non-trigger hand

d.     The capacity to accept a detachable feeding device.

An ASF can also be one of the enumerated firearms:

• Any of the following firearms, or copies or duplicates of these firearms of any caliber:

o  Avtomat Kalashnikov, or AK, all models

o  Action Arms Israeli Military Industries UZI and Galil

o   Beretta AR70 (SC-70

o  Colt AR-15

o  Fabrique National FN/FAL, FN/LAR and FNC

o  SWD M-10, M-11, M-11/9 and M-12

o  Steyr AUG

o  INTRATEC TEC-9, TEC-DC9 and TEC-22

o  revolving cylinder shotguns including, but not limited to:   

A copy or duplicate of any firearm meeting the features test, or an enumerated firearm “copy or duplicate” shall mean a firearm:

• All of the enumerated firearms if they were sold, owned and registered prior to July 20, 2016, (are grandfathered.)
• Copies and duplicates that were sold, owned and registered prior on or before August 1, 2024 (are grandfathered)
• That was manufactured or subsequently configured with an ability to accept a detachable magazine and/or:
• That has internal functional components that are substantially similar in construction and configuration to those of an enumerated firearm.
• Has a receiver that is the same as or interchangeable with the receiver of an enumerated firearm.

 “Assault-style firearm” shall not include any firearm:

• That is operated by manual bolt, pump, lever or slide action
• A firearm that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated as a semiautomatic assault-style firearm
• A firearm that is an antique or relic, theatrical prop or other firearm that is not capable of firing a projectile and which is not intended for use as a functional firearm and cannot be readily modified through a combination of available parts into an assault-style firearm;
• Any of the firearms, or replicas or duplicates of such firearms, specified in appendix A to 18 U.S.C. section 922 as appearing in such appendix on September 13, 1994, as such firearms were manufactured on October 1, 1993
• A semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable feeding device.

There is also a new enforcement law, Chapter 140 – Section 131M

Grandfathering – The key phrase is “lawfully possessed”.

Chapter 140, 131M has been changed from “lawfully possessed” to “lawfully possessed in Massachusetts”. The importance of this change is that after August 1, 2024, any firearm meeting the new Assault Style Firearm definition is banned from being imported into Massachusetts. This includes the “pre-ban” firearms pre-September 13, 1994.

Because of the terminology used, it appears that the only guns grandfathered after the July 20, 2016 are the those that meet the new two feature test, such as the Tavor. So, because of the “lawfully possessed” and how that will be interpreted, it appears that there are now three different groups of guns with two different dates that must be dealt with.

1. Copies and duplicates of the enumerated list are only grandfathered if they were acquired prior to July 20, 2016.
2. Any gun that is not on the enumerated list, or their copies and duplicates, but now meets the new two feature test and is lawfully possessed in Massachusetts on August 1, 2024. We believe this group also includes the pre-September 13, 1994 assault weapons.