Yes frustrating it is, look at our location.....mASS!
As far as SMG and Rifles… We in this state we still follow the old federal Assault Weapon Ban. Again if you can find it as a preban registered in state you can get it. As long as you are licensed to own it.
That's not the way the AWB in MA works. It's totally different than the handguns, in the sense that the "pre-ban" long guns are
NOT required to have been registered in state prior to Sept 1994. You can import a pre-Sept 13, 1994 long gun into MA from anywhere in the country completely legally. But beware of the magazines included with them. The full-cap mags must also be pre-9-13-94 to be legal here, too!
When the handgun laws went into effect in 1998, the "registered in state" provision was not included in there. It was added later, but it's still very debatable as to whether that's even an issue anymore. When I contacted the AG's office, they told me that the way the Attorney General is "currently enforcing the Consumer Protection Act" was that it only pertains to post-10-21-98 handguns. When I asked in an e-mail if any handgun, whether it's on the DPS list or meets the AG's regs or not, could be imported if it was manuactured on or before 10-21-98, the answer was "yes". According to the response I received, the only regulated handguns in MA are those made after the 10-21-98 cutoff. If they were made before that, they can be bought, sold or even imported into the state. Whether dealers will do the transfer for you or not is totally up to their own policy. But if they contact the AG for a clairification, they would see that it's OK.
For example, consider all the 2nd Gen Glocks available now. They are not approved by the AG, but it just doesn't matter, since they were all made on or before 10-21-98. Glock takes them in trade from law enforcement agencies all over the country, and resells them all over the country, including in MA.
The AG intentionally left the handgun "Consumer Protection Act" very vague. That's why there is no actual list of what handguns meet the Office's criteria. That way, the current or any future AG can change his/her mind at any time as to what meets or fails to meet their standards. That's another reason why every response I received from the AG's Office always started with "The Attorney General is currently enforcing the Consumer Protection Act........." "Currently Enforcing" are the key words here.
Another issue is the way the AG's office does not "approve" any handgun design or modification. The way the AG's Office explained it to me is that they do not keep a list of what handguns meet their requirements. They "leave it up to the manufacturer to meet the requirements".
And an example of this: Glock. Glock wanted to sell their new handguns in MA. They submitted their pistols to the DPS for testing, which they easily passes, as do most handguns. Then, they make the necessary modifications to make the AG happy. Those included a 2nd "tamperproof" serial number (gee, that makes the "consumer" much "safer", huh?), installed their 10lb NY-1 disconnector (the AG requires the pistol to have either a 10lb trigger pull or a grip diameter large enough so an average child of 5? years old cannot fire it), and added a tab to their extractor to act as a "loaded chamber indicator", similar to the Ruger MKIII pistol. The AG requires either a loaded chamber indicator or a magazine disconnect.
Glock submitted their modifications to the AG's office and did not hear anything after 90 days. Since the AG's office "leaves it up to the manufacturer" to meet their requirements and does not approve a design, they began selling them in good faith, after making these mods. Then, after many new, MA modified Glocks were sold (I do not know the exact number), the AG sends a letter to Glock stating that their loaded chamber indicator does not meet his criteria and they must immediately discontinue all sales of new pistols in MA. And to top it all off, they had to offer all MA residents who purchased a new Glock a full refund!
The gun owners were under no obligation to accept the refund, since it's totally legal to possess, or even transfer on an FA-10 state form, a "non-compliant" handgun. The only penalties which there are for transferring a "non-compliant" handgun are for a licensed dealer (01FFL holder). The licensee is subject to a $10,000 PER GUN fine for transferring a "non-compliant" handgun! With fines like that, I can totally understand why many dealers are overly cautious as to what they import or sell, even though they refuse many legal sales.
It's so complicated that I probably totally confused you instead of clairifying anything, but I tried!
