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MA AG addresses "loophole"

Lutherf

Lutherf

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The loophole in the Mass. assault weapons ban - The Boston Globe

The directive specifically outlines two tests to determine what constitutes a “copy” or “duplicate” of a prohibited weapon. If a gun’s operating system is essentially the same as that of a banned weapon, or if the gun has components that are interchangeable with those of a banned weapon, it’s a “copy” or “duplicate,” and it is illegal. Assault weapons prohibited under our laws cannot be altered in any way to make their sale or possession legal in Massachusetts.
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What the hell is "essentially the same" supposed to mean? Since the current law says that the ban doesn't apply to "(ii) any weapon that is operated by manual bolt, pump, lever or slide action;" does she now mean to apply the ban to anything that isn't one of the aforementioned?
 
Lutherf said:
The loophole in the Mass. assault weapons ban - The Boston Globe



What the hell is "essentially the same" supposed to mean? Since the current law says that the ban doesn't apply to "(ii) any weapon that is operated by manual bolt, pump, lever or slide action;" does she now mean to apply the ban to anything that isn't one of the aforementioned?
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Sounds like they want to ban any semi-auto rifle that is capable of holding more than 10 cartridges. If that's the case they ought to pass said law and not leave it up to interpretation. I'd also like to see how said law holds up in court.
 
Winchester said:
Sounds like they want to ban any semi-auto rifle that is capable of holding more than 10 cartridges. If that's the case they ought to pass said law and not leave it up to interpretation. I'd also like to see how said law holds up in court.
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Well right now there are lot of people that are in violation of the law. So far little in the way of prosecution.
 
TurtleDude said:
banning all semi auto rifles that use a detachable magazine clearly violates HELLER.
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And God only knows how the court will view that. Some of the recent circuit opinions have been stunning in their interpretation of that decision.
 
PirateMk1 said:
Well right now there are lot of people that are in violation of the law. So far little in the way of prosecution.
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It sounds like she ordered a ban on the sale of "copies" of "assault weapons" but not on the possession of such weapons purchased prior to this directive.

I'm fascinated that she'd have the ovaries to cite "interpretation" by manufacturers of a statute that really is pretty clear as being exploitative and then issue a directive that is obviously intentionally vague as if that isn't creating an opportunity for her to exploit.
 
She unilaterally re-wrote a MA law which has been in place since 1998. She should be slapped around by the courts for that alone. She's basically assuming dictatorial powers here.
 
Harshaw said:
She unilaterally re-wrote a MA law which has been in place since 1998. She should be slapped around by the courts for that alone. She's basically assuming dictatorial powers here.
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She should be impeached, removed from office, and charged with malfeasance.
 
Let's see. According to the attorney general of Massachusetts, the previously banned rifles due to flash hiders, bayonet lugs, etc. did not make the most popular rifles in the US less lethal, so they are banning them all -- except the thousands already purchased. The uselessness of the previous ban or the irony that previously stupid laws did not make us safer is not acknowledged.

Yup, makes political sense -- but not common sense. Wait until MA, like California, Connecticut and New York, makes the grandfathered-in rifles, deemed too great a threat in "common hands", outlawed to be handed over, or risk becoming a felon.


Millions of folks will be.............felons by default.
 
This country is going into the ****ter with people just usurping the laws to fit their own agenda.
 
Illegal decisions like this are the reason The Constitution doesn't give the government the power to interpret the law, nor The Constitution...not even The Supreme Court.
 
jet57 said:
"I hear that train a'comin, it's rollin round the bend"
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There as so many with the attitude of it cannot happen it is frightening. Perhaps they think they can just move to another state but that does not relieve the problem of the creeping cancer. Denial and running from the problem does nothing to solve it. It is about time firearm owners realise that their organisations as they exist will dump them and feed them to the wolves as long as a few elite can remain. This is not guesswork its is in evidence in every country gun control has destroyed. The elite will always try to convince government they are good boys and girls who obey the law and help government. They are COLLABORATORS and APPEASERS

If firearm owners want to win this fight they best stop looking to those who have not won, cannot win and will never will because they simply have absolutely no fight in them, not even being willing to object in public.

The only hope is to start a rights organisation or push an existing organisation into the job getting rid of the dead wood in it. Mobilise members into a fighting team that wants to win and keep our rights so we can live in safety. What is the alternative sit back and wait? Let somebody else do it?
 
MickeyW said:
Let's see. According to the attorney general of Massachusetts, the previously banned rifles due to flash hiders, bayonet lugs, etc. did not make the most popular rifles in the US less lethal, so they are banning them all -- except the thousands already purchased. The uselessness of the previous ban or the irony that previously stupid laws did not make us safer is not acknowledged.

Yup, makes political sense -- but not common sense. Wait until MA, like California, Connecticut and New York, makes the grandfathered-in rifles, deemed too great a threat in "common hands", outlawed to be handed over, or risk becoming a felon.


Millions of folks will be.............felons by default.
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Politics is about politics and it does not have to make sense, only get votes.

There is a lesson for firearm organisations and owners in that. I wonder if they will ever figure it out.
 
apdst said:
Illegal decisions like this are the reason The Constitution doesn't give the government the power to interpret the law, nor The Constitution...not even The Supreme Court.
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Well the rights owners that have the power and authority to tell anyone messing with their rights to buzz off had better get a move on.
 
justabubba said:
Cite please
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real attorneys (I am one) constantly apply holdings of past cases to new facts. Its how the case law system works. Heller stated that weapons in common use that are not unusually dangerous are protected by the second amendment. Semi auto rifles have been in common use in the USA for almost 100 years. The US GOVERNMENT sold millions of said rifles to the public through the Dept of Civilian Marksmanship-MI GARAND RIFLES and MI Carbines.

QED
 
jet57 said:
"I hear that train a'comin, it's rollin round the bend"
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translation, Jet is happy that the second amendment is being raped by bannerrhoid politicians
 
jet57 said:
"I hear that train a'comin, it's rollin round the bend"
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It's comin' around that bend too fast and it's going to jump the tracks.
 
apdst said:
It's comin' around that bend too fast and it's going to jump the tracks.
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No, it's running right on schedule for the times we're living in. There has just been yet another mass shooting of kids in Florida so that's what feeding the engine.

I've told you guys over and over again what's gonna happen and instead of getting smart about it, you call me unpatriotic, silly, a bannoid, and all you're doing is feeding the engine of that train. THAT'S why Massachusetts is taking such a hard stance on it, and when Hillary Clinton comes to town, watch out.

You pro gun people had your choices, you made'em, now you have to sleep in the bed you made.
 
jet57 said:
No, it's running right on schedule for the times we're living in. There has just been yet another mass shooting of kids in Florida so that's what feeding the engine.

I've told you guys over and over again what's gonna happen and instead of getting smart about it, you call me unpatriotic, silly, a bannoid, and all you're doing is feeding the engine of that train. THAT'S why Massachusetts is taking such a hard stance on it, and when Hillary Clinton comes to town, watch out.

You pro gun people had your choices, you made'em, now you have to sleep in the bed you made.
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translation-we should agree to give up most of our rights so people Jet supports for office won't try to take all of them. He's the Neville Chamberlain of "gun peace in our time"


can you imagine his argument applied to gays during the AIDS Crisis-you gays must give up anal sex so you won't lose the right to oral sex.
 
jet57 said:
No, it's running right on schedule for the times we're living in. There has just been yet another mass shooting of kids in Florida so that's what feeding the engine.

I've told you guys over and over again what's gonna happen and instead of getting smart about it, you call me unpatriotic, silly, a bannoid, and all you're doing is feeding the engine of that train. THAT'S why Massachusetts is taking such a hard stance on it, and when Hillary Clinton comes to town, watch out.

You pro gun people had your choices, you made'em, now you have to sleep in the bed you made.
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Yawn :coffeepap
 
blaxshep said:
Yawn :coffeepap
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what really is going on is that Jet claims to be a gun owner and admits to having a "weapon of war" (a colt 1911 military pistol). I used to figure that was a lie but I now believe he is truthful-at least on that score. What he really is motivated by is that he lives in California and has to live under some of the most idiotic Bannerrhoid POS politicians known to man and he thinks every other gun owner in the USA ought to suffer the same idiocy he does. So he wants us all to adopt the same idiocy that the sheep in california have and he pretends we have to do it so the Bannerrhoid assholes in the Democrat party (whom he admits he supports) won't take all our guns. cowardly appeasement is the facade-misery craves company is the real motivation
 
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