Buying and Selling Semi-Auto Firearms in MA post H.4885
Despite what you may have heard on the news or from the raving lunatic on the corner, you can still buy and own a vast majority of the semi-auto firearms you’d want to in Massachusetts. H.4885 was the first major rewrite of Massachusetts gun laws in almost a quarter century, and with the lack of clear (and in our opinion, somewhat incorrect) interpretation by locals, we’ve spent hours going line-by-line through the new legislation. After combining it into existing MA General Law we created a complete document from which to review and share. If you want to know how you’ve been kicked in the balls, read on (ladies, you know what we mean).
Below are chapters with “quick and simple” overviews of how we think things currently sit in regards to buying and selling Semi-Auto Firearms in MA post H.4885. The article is assuming you have a MA License to Carry, not an FID which now carries semi-auto restrictions. We’re biasing to what is clearly written (and intended?) in the law, without any editorial fear or hyperbole added. If this is well received, we’ll likely expand on some other aspects of the new law.
This article is not about “loopholes”, “work arounds”, “creative interpretations”, or what modifications you can or cannot perform to your semi-auto firearms post H.4885. You can head to the local forums for those, we’re just a gun store understanding what we can lawfully sell to MA residents.
Disclaimer: We are not lawyers. The following is not legal advice, and is simply our educated interpretation of the new legislation. You can read it and come to your own conclusions. We’ve provided our copies of the merged and updated legislation in PDF form below.
Semi-Automatic Rifles
First the Rifle requirements changed the most with the passing of H.4885, in that it drastically redefined what constitutes lawfully sold or possessed centerfire caliber semi-auto rifles going forward.
There’s three standards to meet 1) The Assault-Style Firearm (ASF) test 2) The Commonwealth of Massachusetts Executive Office of Public Safety and Security (MA EOPPS) Approved Rosters and 3) Grandfather status.
1. The ASF Test is much more aggressive now. Clause (V) pretty much qualifies for every rifle ever made, so that’s your only feature besides being able to accept a detachable feeding device.
(a) a semiautomatic, centerfire rifle with the capacity to accept a detachable feeding device and includes at least 2 of the following features:
MA General Law > Part I > Title XX > Chapter 140: Section 121
(i) a folding or telescopic stock;
(ii) a thumbhole stock or pistol grip;
(iii) a forward grip or second handgrip or protruding grip that can be held by the non-trigger hand;
(iv) a threaded barrel designed to accommodate a flash suppressor or muzzle break or similar feature; or
(v) a shroud that encircles either all or part of the barrel designed to shield the bearer’s hand from heat, excluding a
slide that encloses the barrel.
2. All long guns now must be on one of the Approved Firearms Rosters, Linked to the MA.GOV site for reference, but you may notice there are no approved long gun rosters at this time! We have been issued a guidance letter from the MA EOPSS.
The Secretary of EOPSS, pursuant to section 131 ¾ of chapter 140 of theGeneral Laws, has approved the “Approved Firearms Roster,” in its current form. Licensed firearms dealers may continue to sell firearms contained on the rosters. Furthermore, under the Act and 501 CMR 7.00, dealers may continue to sell shotguns and rifles so long as they are not otherwise prohibited in Massachusetts. The Secretary will consider any advice or guidance the FCAB may offer and willapprove any amendments to the rosters as necessary.
MA EOPSS Guidance Letter #3
3. So with tests #1 and #2, many new modern semi-auto rifles are no longer lawful to sell or posses, unless they are grandfathered. There is a new grandfather clause with H.4885 which appears to exempt all lawfully owned “Assault-Style Firearms” that were in-state before August 1, 2024. Please see below for more details.
What does this all mean?
Well, things have changed. If that semi-automatic rifle you want has a “protruding pistol grip”, it’s likely not OK to sell or posses, unless it was lawfully in MA before 8/1/2024. Anything before this date appears lawful to buy and sell by a licensee and/or dealers. It goes without saying that as inventory dries up or changes hands, you’ll see premiums increase.
The good news is that if the new semi-auto, magazine-fed rifle you want is a “Ranch” type with a traditional style stock, you’re likely okay.
Interesting to note, Rimfire (.22LR, etc) rifles are apparently excluded from the ASF rifle test.
Below are some typical Post-8/1/2024 semi-automatic centerfire rifles that meet the requirements stated above.
Semi-Automatic Pistols
Next are Handguns, which not much has changed post enactment. A semi-automatic pistol in MA needs to meet three standards 1) The Assault-Style Firearm (ASF) test 2) the Attorney General’s handgun sales regulations and 3) be on one of the MA EOPPS Approved Firearms Rosters.
1. The ASF Test, this hasn’t changed much from what we had before H.4885.
(b) a semiautomatic pistol with the capacity to accept a detachable feeding device and includes at least 2 of the following
MA General Law > Part I > Title XX > Chapter 140: Section 121
features:
(i) the capacity to accept a feeding device that attaches to the pistol outside of the pistol grip;
(ii) a second handgrip or a protruding grip that can be held by the non-trigger hand;
(iii) a threaded barrel capable of accepting a flash suppressor, forward handgrip or silencer; or
(iv) a shroud that encircles either all or part of the barrel designed to shield the bearer’s hand from heat, excluding a
slide that encloses the barrel.
2. The Attorney General’s handgun sales regulations. This outlays certain requirements for a handgun, allowing them to be sold by dealers. Including tamper resistant serials, material and strength requirements, a drop-safe test, general accuracy, barrel length, trigger weight, loaded chamber indicators, etc.
Note: This is the reason new complete Glock’s cannot be sold to MA Residents even though they appear on the Approved Firearms rosters below.
3. The Approved Firearms Rosters. Linked to the MA.GOV site for reference, these lists include an approved Olympic, Formal Target, and General Handgun approved rosters. Eventually, we’ll also see long gun lists.
What does this all mean?
Not much, if you’re somewhat familiar with buying or selling handguns in MA up to this point. What you could buy before, you can still buy now. You won’t see any ‘braced’ pistols for sale in MA unless they are somehow grandfathered.
Of note is that in contrast to the semi-auto rifle ASF test, Rimfire (.22 LR, etc) is not excluded from the pistol test.
Below are typical semi-automatic pistols that meet the requirements stated above.
Semi-Automatic Shotguns
Shotguns fared similar to handguns. Our prior assault weapon ban limited features, and we had a capacity restriction of 5, so we’ve got four standards to meet 1) The Assault-Style Firearm (ASF) test 2) The MA EOPPS Approved Rosters 3) Magazine capacity 4) and Grandfather status.
1. The ASF Test
(c) a semiautomatic shotgun that includes at least 2 of the following features:
MA General Law > Part I > Title XX > Chapter 140: Section 121
(i) a folding or telescopic stock;
(ii) a thumbhole stock or pistol grip;
(iii) a protruding grip for the non-trigger hand; or
(iv) the capacity to accept a detachable feeding device.
2. All long guns must be on one of the Approved Firearms Rosters, Linked to the MA.GOV site for reference, but you may notice there are no approved long gun rosters at this time! We have been issued a guidance letter from the MA EOPSS.
The Secretary of EOPSS, pursuant to section 131 ¾ of chapter 140 of the
MA EOPSS Guidance Letter #3
General Laws, has approved the “Approved Firearms Roster,” in its current form.
Licensed firearms dealers may continue to sell firearms contained on the rosters.
Furthermore, under the Act and 501 CMR 7.00, dealers may continue to sell
shotguns and rifles so long as they are not otherwise prohibited in Massachusetts.
The Secretary will consider any advice or guidance the FCAB may offer and will
approve any amendments to the rosters as necessary.
3. We’ll touch upon magazines later in the article, but Shotguns have a fixed or removable magazine restriction of 5 shells
“Large capacity feeding device”,
MA General Law > Part I > Title XX > Chapter 140: Section 121
(i) a fixed or detachable magazine, belt, drum, feed strip or similar device that has a capacity of, or that can be readily
converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells;
4. If you want more than one of the features in the ASF test, you’ll need to get yourself a grandfathered Assault-Style Shotgun.
What does this all mean?
Similar to handguns, not much. Due to the prior law, what Semi-Autos you could buy before you can still buy now. Most major manufacturers of Semi-Auto shotguns (Beretta, Remington, Mossberg, etc) offer 5 round options.
Below are some typical semi-automatic shotguns that meet the requirements stated above.
New Grandfathering Clause
In 1998 MA had it’s own Assault Weapon Ban enshrined in state law that mirrored the Federal Assault Weapon ban, which was passed in 1994 and sunset in 2004. Therefore from 1994 until 2024 MA residents could only posses an “Assault Weapon” (a semi-auto rifle, pistol, or shotgun which had a certain number of cosmetic or functional features) if the firearm was in lawful commerce before September 13, 1994.
This grandfathering legislation was MA General Law > Part I > Title XX > Chapter 140: Section 131M – Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment. This was the important text in the old version
Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994.
MA General Law > Part I > Title XX > Chapter 140: Section 131M (OLD)
H.4885 struck out the existing language and inserted the language below.
MA General Law > Part I > Title XX > Chapter 140: Section 131M (NEW)Section 131M. (a) No person shall possess, own, offer for sale, sell or otherwise transfer in the commonwealth or import into the commonwealth an assault-style firearm, or a large capacity feeding device.
(b) Subsection (a) shall not apply to an assault-style firearm lawfully possessed within the commonwealth on August 1, 2024, by an owner in possession of a license to carry issued under section 131 or by a holder of a license to sell under section 122;
provided, that the assault-style firearm shall be registered in accordance with section 121B and serialized in accordance with
section 121C.
What does it all mean?
While the laws new date (August 1, 2024) is clear, there is debate in some circles on what constitutes “lawfully possessed”.
Nationally, many semi-automatic firearms were lawfully sold between 1994 and 2004, through compliant modifications. There is a large body of historical jurisprudence that supports this claim. Additionally, these firearms were also lawfully bought and sold in Massachusetts between September 14, 1994 and July 31, 2024.
Without clear guidance from the EOPSS, our opinion is that firearms in the original Pre-1994 configuration or Post-1994 compliant configuration and were in MA before 8/1/24, constitutes “lawfully possessed”.
“Large Capacity Feeding Devices” I.E. Magazines
Since 1994 MA Residents (excluding State & Federal Law Enforcement and Dealers) have been restricted from owning rifle and pistol magazines over 10 rounds and Shotguns over 5 rounds, unless they were the Pre-Ban grandfathered type. Until 8/1/24 these Pre-1994, standard capacity magazines, could be imported, bought, and sold in the state of MA. This is the new language we’re working with.
MA General Law > Part I > Title XX > Chapter 140: Section 121 (NEW)“Large capacity feeding device”,
(i) a fixed or detachable magazine, belt, drum, feed strip or similar device that has a capacity of, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells; or
(ii) any part or combination of parts from which a device can be assembled if those parts are in the possession or control of the same person; provided, however, that “large capacity feeding device” shall not include:
(a) any device that has been permanently altered so that it cannot accommodate more than 10 rounds of ammunition or more than 5 shotgun shells;
(b) an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition; or
(c) a tubular magazine that is contained in a lever-action firearm or on a pump shotgun.
2. The new Grandfather clause also impacts “Pre-Ban” 1994 magazines. It greatly restricts where old Pre-Ban magazines can be possessed lawfully, prohibits the resale between licensees, and from dealers to in-state license holders.
MA General Law > Part I > Title XX > Chapter 140: Section 131M (NEW)Section 131M. (a) No person shall possess, own, offer for sale, sell or otherwise transfer in the commonwealth or import into the commonwealth an assault-style firearm, or a large capacity feeding device.
…
(c) Subsection (a) shall not apply to large capacity feeding devices lawfully possessed on September 13, 1994 only if such possession is:
(i) on private property owned or legally controlled by the person in possession of the large capacity feeding device;
(ii) on private property that is not open to the public with the express permission of the property owner or the property owner’s authorized agent;
(iii) while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair;
(iv) at a licensed firing range or sports shooting competition venue; or
(v) while traveling to and from these locations; provided, that the large capacity feeding device is stored unloaded and secured in a locked container in accordance with sections 131C and 131L. A person authorized under this subsection to possess a large capacity feeding device may only transfer the device to an heir or devisee, a person residing outside the commonwealth, or a licensed dealer.
What does it all mean?
The market of Dealers selling Pre-Ban standard capacity magazines to MA Residents is gone. You can keep what you own, but you’re stuck with it, unless it’s to an heir or dealer.
You’re also greatly restricted to where you can be with those Pre-Ban magazines and cannot effectively CCW with them. They are now effectively Range toys.
Below are some typical magazines that meet the requirements stated above.
PDF Files of the Combined Legislation
As you can see Buying and Selling Semi-Auto Firearms Post H.4885 is a more complicated matter.
Below are copies of our work combining the original law with the new law. Versioned, watermarked, and locked. Feel free to download and use them for your own reference.
This does not replace an official version of the law once it is published.
Notes:
- – There appears to be some spelling and grammatical errors in this legislation. We have retained them to be accurate to the letter of the law.
- – If you see ellipses “…”, there was a large portion of the law that remained unchanged and wasn’t relevant to typical buying/selling. If you’re interested you can go read the full law here by plugging in the chapter and section numbers.
- – We have only taken liberties in formatting items on new lines to facilitate easier reading and interpretation. If you find any errors in the combining process please reach out to us here. We’ll investigate and revise our document as needed.
If you notice something wrong on our H.4885 document, please let us know! We’ll correct it and post an updated version. Note: This is not a complaint form. We don’t care how you feel about the new law, we didn’t write it, and we’re not happy either. We’re just trying to interpret what is now binding upon us.