Sunday, May 5, 2013

What can I buy?

The most common question for guns in Mass is also unfortunately the most complex.  Can I buy _____? Is it legal for me to buy ___? Where do I find a list of what is legal? What should I get for carry? or competition?
Unfortunately for us in mass there is no simple answer which is part of why I am writing this blog.  

Long guns are easier to understand but the basics of it are that you can purchase any long gun you wish as long as it complies with all federal laws as well as the now federally expired but still valid in MA "Assault Weapons Ban." I will write a whole post some time and link it here explaining how the assault weapons ban still applies here.  The basics are that we can still purchase most long guns as long as they do not have any "scary" features like shoulder things that go up or bayonet lugs.

Handguns are much more restrictive in Mass.  For a new handgun to be sold in Mass it must first be on "The List".  Once a gun makes it on to "The List" it must also then comply with the "Attorney General's Regulations".  I believe the previous link has all the regulations but seriously Mass is some confusing shit so please do not consider me a substitute for real legal advice.  The regulations change from time to time as do the interpretation of said rules so what may be legal to purchase at the time of writing may no longer be legal to purchase new.  A perfect example of this is my LC9.  When it first came out it made it on The List and was available for purchase in Mass.  I purchased one and carry it regularly.  A few months after being declared mass legal it was determined that that the LC9 did not meet one of the regulations or requirements so it was removed from the list and cannot be purchased new in Mass anymore.  The gun is still legal for me to own but you cant buy one new in a Mass gun store.  Makes since right?

The hardest thing to understand legally is the notion of Pre-Ban.  Any long gun, handgun, or magazine that was owned in Mass before the law that made it illegal to sell new now may still be owned as long as it can be proved that it was infact owned before the law went in to effect that banned it.  This concept of pre-ban creates a giant grey area for what can legally be owned.  Pre-Ban normal capacity magazines can be owned as long as they are date stamped or otherwise provable that they were from before the ban date.  Many handguns that are not on the list are available used in stores and many full featured rifles are available on the used market.  Almost all gun owners will eventually end up with some items that fall into this category but I strongly feel that for a first purchase or for self defense you are better off not starting with items that are totally legal and not in this grey area.

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