On July 18, 2024, gun owners in Massachusetts received unsettling news: Bill H4885 had passed, ushering in a host of new gun regulations across the commonwealth. This bill covers a wide range of topics, from the locations where firearms can be carried to new rules for obtaining a license to carry. This article will focus specifically on how this bill affects the types of firearms that residents are allowed to possess and what dealers are permitted to transfer.
The New Definition of "Assault Weapon"
The new bill introduces several significant changes to possession laws, starting with the redefinition of "Assault Weapon," now termed "Assault Style Firearm" (though this renaming is arguably the least significant change).
Initially, the proposed bill (HD.4420) included a list of over 50 newly added firearm models under the definition of "Assault Weapon." However, H4885’s definition removed this completely, and now only includes the original 17 firearm models listed in the 1994 ban. But don't celebrate just yet; there are more troubling aspects yet to be addressed.
Handguards are “Evil” Now
In addition to listing specific firearms, Massachusetts defines an assault weapon based on certain features. Prior to August 1, if a semi-automatic rifle with a detachable magazine contained more than one of these features, it met the definition of an "assault weapon." These features included:
- A pistol grip that protrudes conspicuously beneath the action of the weapon.
- A folding or telescoping stock.
- A grenade launcher or flare launcher.
- A flash suppressor or threaded barrel designed to accommodate a flash suppressor.
- A bayonet lug.
While some of these features are fundamental parts of a firearm, Massachusetts residents have found ways to comply by performing costly modifications, such as welding a compensator to the barrel, pinning a folding stock in place permanently, or replacing the stock with a fixed thumbhole stock. Although these modifications are often unsightly and impractical, they allowed residents to retain firearms they desired.
Bill H.4885 introduces a new set of features defining an “assault style firearm.” The revised list includes:
- A folding or telescopic stock.
- A thumbhole stock or pistol grip.
- A forward grip or second handgrip that can be held by the non-trigger hand.
- A threaded barrel designed to accommodate a flash suppressor, muzzle brake, or similar feature.
- A shroud that encircles all or part of the barrel to shield the bearer’s hand from heat, excluding a slide that encloses the barrel.
The removal of the originally listed grenade launcher (which is already illegal) and the flare launcher (which is legal but harmless) might seem like minor improvements. However, the most notable and controversial addition to the feature list is the handguard/shroud:
This means that the handguard—a fundamental part of virtually every long gun—is now considered a characteristic of an "assault style weapon." Many see this as the state's indirect method of banning semi-automatic rifles since almost every semi-auto rifle features some type of handguard. Almost every semi automatic rifle in existence has some sort of shroud/handguard.
“We would never deny your right to fresh drinking water, we're just saying the 1 of the 2 Hydrogen Molecules that make up H20 is not permitted to be transferred into your mouth within the Commonwealth After August 1st.”
This is the most embarrassing & clear cut textbook example of 2nd Amendment infringement that has ever graced the United States. The mental gymnastics required to justify some of these law changes is comical.
The “Assault Style Weapon Roster”
In the new definition for “assault style firearm” listed in Bill H.4885, there is a line that states: “Any firearm listed on the assault-style firearm roster pursuant to section 128A.”
This refers to a roster that will be created within a few months of the bill's enactment. The function is simple. If a firearm is listed on this roster, it cannot be purchased. The roster will be updated every three months with new firearms the state deems as “Assault Style Firearms.” The bill does not explicitly address how existing rifles will be grandfathered, but some answers to this issue are provided later in the article.
The Approved FIREARM Roster: The Downfall of Massachusetts Gun Dealers
Since its inception in 1998, the approved handgun roster has been a well-known component among Massachusetts (MA) gun owners. This roster does not impact what firearms are legal to possess; instead, it regulates what dealers can transfer to MA residents. Firearms manufactured before the roster's creation on October 12, 1998, have historically been exempt from these restrictions. This exemption has allowed MA citizens to acquire unique older firearms from gun stores, in addition to newly approved models.
However, Bill H.4885 has fundamentally altered this system. The most significant change is that the roster will now apply to ALL FIREARMS and not just handguns. Moreover, pre-1998 firearms will no longer be exempt from the approved roster. Therefore, even a vintage break-barrel .22 LR single-shot rifle produced in 1920 will be subject to these regulations, effectively barring dealers from transferring it.
Effective October 26, 2024, dealers will only be permitted to transfer firearms listed on the approved roster, regardless of their age, caliber, or action type (including pre-ban models).
While this specific piece of the bill does not directly influence the legality of firearm possession, it drastically limits access to various models, even if they are legal to own. This is the most substantial change introduced by Bill H.4885 concerning firearm transfer and possession. It threatens to dismantle the entire firearm industry in Massachusetts. Every firearm dealer in the state will be limited to selling items from the same list of approved firearms, eradicating any industry variety and undermining niche businesses like ours.
Although this bill contains numerous other provisions aimed explicitly at eliminating retailers and dealers, we will address those details in a separate article.
New Laws For FID Holders / 21 or under in Age.
Prior to August 1st, 2024. Those who possessed an FID card were prohibited from possessing handguns, as well as "large capacity firearms", while the definition to this is long. It essentially means any semi automatic firearm with the ability to accept a detachable magazine. Fixed magazine semi automatic rifles and shotguns were still considered acceptable.
With the new ruling, FID holders are no longer permitted to purchase or sale ANY SEMI AUTOMATIC FIREARM. It is currently unclear what will happen to FID holders who already possess Semi Automatic firearms prior to August 1st.
Dates of Effect and Grandfather Clauses
New "Pre-Ban" Date: August 1, 2024
August 1, 2024, marks the official grandfathering date for the newly defined "assault-style firearm." To qualify, the firearm must be lawfully present within the commonwealth on this date, either with a Federal Firearms Licensee (FFL) or a License to Carry (LTC) holder. Firearms grandfathered under this new date are also legal for transfer.
October 26th 2024: Release of the Assault Weapon Roster & Approved Firearm Roster
The laws regarding the Assault Style Firearm Roster and the Approved Firearm Roster are slated to take effect on October 26, 2024. However, it's important to note that these programs currently lack funding and require substantial work before implementation. Despite political pressure to expedite this process, the nature of government bureaucracy means the date is not set in stone.
However, once these rosters are implemented. Dealers cannot sell ANY firearms besides what is on the approved list
What Guns Should I Buy Before October 26, 2024?
Any firearm not listed on the approved handgun roster will become UNOBTAINABLE from dealers after October 26, 2024. If there is a specific firearm often found only out of state, now is the time to acquire it. The new roster will prohibit dealers from importing Pre-1994 Assault Weapons into the state, significantly reducing the supply and driving up prices. Therefore, now is an opportune time to purchase firearms at more attainable prices.
If I registered my new AR Lower before August 1st, is it grandfathered in?
Probably not the way you'd hope. Bill H.4885 codifies Maura Healey's 2016 enforcement notice on "copycat" rifles into law. If your AR was registered in Massachusetts as a rifle before July 20, 2016, via an FA-10 form and contains only one of the originally listed "evil" features, it remains compliant and grandfathered under the new law, making it legal for private transfer.
However, if you registered a lower receiver as a rifle after July 20, 2016, it is compliant only if the magazine is fixed. If you intend to comply with the law and do not want a fixed magazine build, there is no benefit to buying a stripped lower receiver either before, on, or after August 1st.
If I am an FID holder/ under 21 years of age and I own a semi automatic firearm, do I have to surrender it?
There is unfortunately no text in the bill that currently addresses this predicament, therefore we cannot say anything with certainty. However, a forced surrendering of firearms would constitute a turning point in American history, we see this event to be unlikely.
Are Pre-Ban Magazines Still Legal in Massachusetts?
Pre-ban magazines are legal to possess in Massachusetts under certain conditions. You can keep these magazines in your own home or use them at a gun club. However, carrying them outside these locations is against the law.
When it comes to transferring ownership, the rules are very strict. These magazines can only be passed on to a devisee or heir in the event of the owner's death. Any other form of private transfer is illegal. Additionally, importing pre-ban magazines from other states is prohibited. Despite these strict new regulations, there are absolutely no systems in place to enforce them, ensuring criminals still have easy access to them, while law abiding citizens continue to be further restricted.
What Kind of Shotguns are Getting Banned in Massachusetts?
The recent changes in Massachusetts' firearm regulations have sparked numerous questions among firearm enthusiasts, particularly regarding shotguns. Unlike rifles, shotguns are affected by a different set of “assault-style” features outlined in the law. Previous to 8/1/2024, a semi-automatic shotgun in Massachusetts was allowed to have only one of the following features:
A folding or telescoping stock.
A pistol grip that protrudes conspicuously beneath the action of the weapon.
A fixed-magazine capacity in excess of 5 rounds.
The ability to accept a detachable magazine.
However, as of the new August 1st ruling, the definition has changed, imposing stricter constraints. The updated criteria for a semi-automatic shotgun now include:
A folding or telescoping stock.
Pistol grip A thumbhole stock or pistol grip;.
Fixed-magazine capacity in excess of 5 rounds .a protruding grip for the non-trigger hand
The ability to accept a detachable magazine.
While these changes may not be as severe as the new regulations for rifles, they are significant. The revised definition will substantially impact the types of shotguns you are allowed to purchase in Massachusetts. Shotguns possessed in MA on August 1st are grandfathered under this new bill, just as all other “Assault weapons” are.
Will Rimfire / .22 Rifles be affected by the new laws?
Rimfires are completely exempt from the new “Assault Style Firearm” definitions included in these laws, however they are not exempt from the “approved firearm roster” discussed earlier in this article. Meaning, they will be legal to possess, but extremely limited in variety at gun stores.
Summary
Summary
In summary, Bill H4885 introduces sweeping changes to gun regulations in Massachusetts, significantly altering what types of firearms can be possessed and transferred. The new definition of "assault style firearm" includes features that were previously not considered in the original assault weapon classification, notably the handguard, making compliance more challenging for gun owners. The implementation of the "Assault Style Weapon Roster" further restricts the purchase of certain firearms by listing prohibited models updated every three months, while the Approved Firearm Roster expands its restrictions from handguns to all firearms, including pre-1998 models.
Once these regulations take effect on August 1, 2024, the landscape for Massachusetts gun owners and dealers will change dramatically. Pre-94 firearms will remain exempt, but dealers will face severe limitations in their inventory, drastically impacting the diversity of firearms available. The time frame for purchasing desired firearms is narrowing, with October 26, 2024, marking the roster's unofficial enforcement date.
The new restrictions, while aimed at reducing gun violence, face criticism for potentially infringing on the Second Amendment rights of law-abiding citizens and ignoring practical enforcement measures against criminal activities. For Massachusetts residents and firearm enthusiasts, adapting to this new legislative environment will require staying informed on grandfathered firearms, legal transfers, and compliant modifications, all while navigating an increasingly complex legal landscape.
Significance for Gun Owners and Dealers
For Massachusetts gun owners, the new regulations will necessitate immediate and careful decision-making regarding the firearms they wish to possess or acquire. Those who own firearms that will soon fall under restricted categories have until August 1, 2024, to ensure their guns are lawfully present in the commonwealth to qualify for grandfathering. The implications for gun dealers are equally significant; the comprehensive restrictions on the sale and transfer of firearms not listed on the approved roster could potentially devastate the local firearms industry. Small and niche businesses, already operating within a delicate market, may find it almost impossible to continue under the new system, leading to reduced consumer choice and possibly business closures.
Strategic Considerations and Potential Reactions
Given the rapidly approaching implementation dates, Massachusetts residents should consider their options strategically. Acquiring specific firearms before the October 26, 2024 deadline could save significant costs and prevent future access issues. Gun clubs and associations may need to step up, providing guidance and possibly legal support to their members, while individual gun owners should familiarize themselves with the intricacies of the new law to avoid unintentional violations.
Potential Reactions to Bill H.4885
The passing of Bill H.4885 is likely to ignite various responses from different stakeholders. Gun rights activists and advocacy groups such as the NRA & the Gun Owners Action League have already challenged the bill legally, arguing potential Second Amendment infringements. Legal battles will unfold as these groups contest the constitutionality of the restrictions imposed by the new definitions and rosters. On the other side, proponents of the bill might argue that these changes are necessary steps toward enhancing public safety and curbing gun violence.
Future of Firearm Legislation in Massachusetts
The introduction of Bill H.4885 could set a precedent for further firearm regulations not only within Massachusetts but also potentially in other states. The success or failure of this bill in achieving its intended objectives may influence legislative trends across the country. Lawmakers will likely be closely observing the implementation and reception of these regulations.
Adapting to the "New Normal"
Gun owners and dealers will need to adapt swiftly to the new requirements. For gun owners, this means ensuring proper modifications to existing firearms, navigating the complexities of the new definitions, and seeking out any remaining legally transferable firearms before the deadlines. Dealers must prepare for a significantly altered market, focusing on compliance and possibly diversifying product offerings within the constraints of the new regulations.
Conclusion
The passage of Bill H.4885 marks a pivotal moment in Massachusetts' firearm legislation, introducing stringent new regulations that redefine what constitutes an "assault style firearm" and severely limit firearm transfers through expanded rosters. While the bill aims to enhance public safety, it poses significant challenges and restrictions for gun owners and dealers alike. The full impact of these regulations will unfold over the coming months, signaling a new era for firearms legislation in the commonwealth. As stakeholders adapt, the broader implications for gun rights and public safety will become clearer, potentially shaping the landscape of firearm laws both within Massachusetts and beyond.
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