Liability of shipping an "assault weapon" to MA

[Rio Laxas]

I'm shipping a CETME to Massachusetts. There is assault weapons ban there that bans all "assault weapons" made after 1994.

The FFL on the other end swears that the rifle is legal after looking at pictures of it and seeing the serial number. He says they haven't made since CETMEs since before 1994. Well this is a century arms one, so I don't think he is correct.

If I do ship this rifle to him and it turns out to be an illegal weapon, what is my liability in this? It isn't illegal where I come from, and I am only shipping under his advice that it is legal where he is also.

 

[General Geoff]

good question, for what it's worth, he's the one who will be arrested for possession of a contraband firearm under MA law if he's wrong.


I don't think there's any law you're breaking by lawfully shipping a firearm to a known FFL holder. For that matter, he may very well be exempt from the MA assault weapons ban due to being a licensed dealer. I don't know.

 

[Frank Ettin]

The Internet is not the place to get serious legal advice. You should contact a lawyer in Massachusetts who is gun law savvy.

 

[JWarren]

...contact a lawyer in Massachusetts who is gin law savvy

A Kennedy?


-- John

 

[Rio Laxas]

I have contacted my attorney on this end who is also an FFL and a member of this forum. I am waiting on his response. If I have to contact an attorney in Mass., its not worth my time to go through with the trade. I was hoping there would be an FFL or someone familiar with Mass. law who could point me in the right direction for information.

 

[nalioth]

I have stopped doing any gun trading/selling to the northeast.

I've had too many problems of all kinds with those dealings.

Ya know what they say about 'one bad apple'. . . .

 

[Frank Ettin]

An FFL is not necessarily an expert on applicable gun laws. I've gotten much erroneous legal information from some FFLs. I believe that a few do know their stuff, but it's pretty near impossible to tell over the Errornet.

The guy who is going to be able to give you definitive information about Massachusetts gun laws is a Massachusetts lawyer who practices in the field. He is also not anonymous (like the folks here on the Errornet) and will be in a position to stand behind his advice.

It's one thing to banter about generalities here. But when talking about your particular and real world transaction, and your associated legal risks and possible liabilities, you need competent and qualified legal counsel.

 

[LickitySplit]

By federal law, interstate sales must comply with the firearms laws in both states.

The following is not legal advice, but any liability (and risk), on your part ends with transferring the firearm to the FFL.

If it is indeed a 'pre-ban', it's legal in MA.

If it's a post-ban (but in 'during ban' configuration), it's legal in MA.

If the firearm is indeed illegal in MA, and the FFl transfers it to a civilian, then it's the FFL that's screwed... not you.

If you have any more questions or need more reassurance, go to http://northeastshooters.com/vbulletin/index.php.

There's at least 3 well qualified MA firearms attorneys that post there, as well as any number of FFLs and regulars whom are well informed of the nuances of MA gun laws.

You could also contact GOAL (Gun Owners Action League), http://www.goal.org
for any questions.

Be aware of the restrictions on post 09/13/94 'hi-cap' mags.

Pre-ban mags are fine.

If they're newly manufactured post-ban mags, they're illegal here.

 

[hksw]

If you do go through with it, be sure to save all correspondences (and recordings) with the FFL.

 

[Rio Laxas]

After looking into it further, I don't believe the CETME meets the "definition" of an "assault weapon." The rifle appears to be in "post ban" configuration. I seem to recall seeing ones just like it when the federal ban was in place. It has the pistol grip, but not bayonet lug or flash hider, but does have a permanent muzzle brake.

That being the case, it should be good to go. I contacted a Mass. attorney that specializes in firearms law. Hopefully he will email me back and confirm.