H.4885 Questions and Answers

July 23, 2024

Official Bill Text H.4885 signed into law July 19, 2024

Note: The legislature has provided NO funding to the government agencies for any part of this bill.

A deep dive is constantly being done by a host of different people and groups. As a result, the opinions referenced here are just that. This summary should not be considered official legal advice. Much of H.4885 will have to be worked out in the courts.

Q: Has anything changed regarding ammunition?

• Ammunition retailer licenses have been rolled into the firearm retailer section. This will require ammunition sellers to maintain a place of business that is not a residence.
• The new bill allows for the unlimited private transfers of ammunition.
• All ammunition purchases through a Massachusetts licensed retailer shall be recorded by the retailer and the purchasing license holder must personally enter their information in the register.
• All retailers experiencing ammunition theft or loss must be reported to the state.

Q: Can I buy/transfer a semi-automatic?

• There are many variables that would affect such an answer.

o  There are four different categories in the Assault Style Firearms (ASF) definition alone.

o  Outside of the ASF sections, One now must have an LTC in order purchase, possess, transfer, etc. all semi-automatics.

• FID card holders are banned from privately transferring or purchasing:

o  large capacity firearms and feeding devices

o  all semi-automatic firearms

Q: What about pre-ban Assault Weapons (September 13, 1994) lawfully possessed in Massachusetts and “registered” after July 19, 2016? (Grandfathering)

• Yes, you can still possess them, if they were “registered” and lawfully possessed in Massachusetts.
• The 1994 date now only applies to large capacity magazines not the firearms.
• The “pre-ban” firearm date has been extended to the 2016 date, but only applies to the specific list of models, but seems to exempt copies and duplicates.

Q: What firearms does the August 1, 2024 date apply to?

• This date applies to any semi-automatic firearm that uses a detachable magazine and meets the new feature test.
• It also applies to the new training requirements. Any new licenses cannot be issued without having taken the new training requirements.

Q: Are rifles and shotguns now subject to the mandatory testing requirements formerly associated with handguns only?

• Yes, it appears so.

Q: Can I carry a large capacity magazine?

Restrictions on Possession:

Must have been lawfully possessed on, or before, September 13, 1994. (It does not specify possessed in Massachusetts, but the Attorney General will likely have a say in that.)

• On private property owned or legally controlled by the person in possession of the large capacity feeding device.
• On private property that is not open to the public with the express permission of the property owner.
• While on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair.
• At a licensed firing range or sports shooting competition venue.

Mandatory Storage:

• When traveling to and from the “permitted” locations they must be stored unloaded and secured in a locked container in compliance with the storage and transportation laws.
  
• It is unlawful to “import” any LCFDs into Massachusetts.
  
• Transfers are limited to heirs, someone outside the State, or to a retailer. We have not yet found an exemption for retailers to transfer to persons inside the commonwealth.

Transfers are limited to heirs, someone outside the State, or to a retailer. We have not yet found an exemption for retailers to transfer to persons inside the commonwealth.

Q: Is this really a complete semi-auto ban?

• Complete prohibition for FID card holder regardless of age. A holder of an FID card is prohibited from: owning, possessing, purchasing or transferring (including to retailers) rifles and shotguns that are large capacity or semi-automatic (even rimfire).
• As for LTC holders, the new semi-automatic laws are very expansive and there are several sections that must be referenced in order to determine what is banned and who is banned from possessing them.
• The new laws also appear to give full authority to the Secretary of EOPSS to amend the rosters for any and all firearms including semi-automatic firearms. We won’t know what will be “approved” or banned for quite some time.

Q: What about 80% or “unfinished” lowers and receivers – possession, serialization, possession, building?

• Private builds for any firearm that would fall under the new semi-automatic Assault Style Firearm definitions are prohibited after August 1, 2024
• There is nothing in the new law that references 80% lowers, it simply refers to “unfinished” frames and receivers.
• All frames and/or receivers (unfinished or otherwise) that could be considered a copy or duplicate of an enumerated Assault Weapon must have been lawfully possessed and registered in Massachusetts on or before July 19, 2016.
• Any frames or receivers (unfinished or otherwise), not on the enumerated ban list, but meet the new features test must be possessed and registered in Massachusetts on or before August 1, 2024.
• Private builds for any firearm that would fall under the new semi-automatic Assault Style Firearm definitions are prohibited after August 1, 2024

Q: Can business owners still apply for a license in the town their business is located?

• Business owners can no longer apply for an LTC in the town where the business is. This also means that non-resident business owners must acquire a non-resident temporary license if they wish to possess a firearm in Massachusetts. Those firearms must be registered.

Q: Are rim fire guns and large capacity feeding devices exempt from all of this?

• No, there are no exemptions for rimfire in the assault weapon law.
• Large capacity feeding devices does not include .22 rimfire tubular magazines.

Q: Will there be buy backs and/or confiscation?

• No one has that information, but it appears that FID card holders may have to surrender all semi-automatic firearms to law enforcement.

Q: Does any of this violate HIPAA?

• Like many parts of the bill, this will likely have to be determined by the federal courts.

Q: Do I need a license now for certain muzzleloaders (antique firearms)?

• Under the new laws, any muzzleloader that utilizes modern ammunition components and/or can be readily converted to accept a modern cartridge or barrel (for example) will now require and LTC or FID.

Q: What about expired license grandfathering – 90 days?

• Yes, the grace periods still remains.

Q: Is there anything new concerning non-residents?

• Are no longer exempt from possessing handguns and/or semi-automatic firearms for competitions or hunting.
• Bans youth non-resident hunting (under 18).
• Bans the possession of semi-automatic firearms for hunting.
• All firearms entering the state for any purpose other than traveling through must be registered prior to them entering the state.

Q: What guns/parts do I need to register and with who?

• All firearms, frames and receivers must be registered with the state.
• All frames and receivers are considered firearms.

Q:' Do we have to re-register everything?

• That depends on how the state sets up the system. There was no registration requirement prior to this bill. The only requirement was to report a transfer or an acquisition.
• It would appear that if you owned/possessed a firearm prior to the transfer reporting requirement in the 1998 Gun Control Act that you would have to register them.
• Any person, or entity of any kind, shall register any firearm, frame, or receiver at the time of import, purchase, acquisition, manufacture or assembly.

Q: What about people who have moved into the state, do they have to register everything now?

• Yes, it is also possible that they would have to report all transfers since they have been living in Massachusetts.

Q: Do UPS, FedEx, etc. have to comply with storage and transportation laws?

• Yes

Q: Are trigger locks and other devices still good for storage?

• There does not appear to be any change to that part of the storage laws.

Q: When do the new training requirements take effect?

• August 2, 2024

Q: Is there any training grandfathering?

• The grandfathering for training includes any license issued on or before August 1, 2024 and for all renewals.

Also, it says only new applicants have to do disengagement training and live fire training. Is that right?

• Yes, there are many new requirements for the new training curriculum.
• The colonel of the state police, in consultation with the municipal police training committee, shall create a new training curriculum. Must include:

o  Injury prevention.

o  Suicide prevention.

o  Disengagement tactics.

o  Live fire.

o  Completion of a written exam.