Copies and Duplicates – the “New” Massachusetts Assault Weapons Ban

On the morning of July 20th, 2016 the Massachusetts Attorney General’s Office issued a new enforcement notice which restricted the sale of commonly owned sporting rifles in Massachusetts.  This “new” assault weapons ban reinterpreted long-standing language in existing law, effectively banning the sale of weapons that either have the same operating system or interchangeable parts with AR and AK-type weapons.  Details of this ban can be found on the AG’s website here: http://www.mass.gov/ago/public-safety/awbe.html

The AG’s decision upset the long-standing notion that it was lawful to sell and possess modern sporting rifles so long as they did not have certain unlawful features such as a folding stock or bayonet lug.  Thousands of Massachusetts residents who had purchased these rifles from licensed firearms dealers over the past 10 years suddenly found themselves on the wrong side of the law.

Over the past two weeks I have been assisting both license holders and firearms dealers to understand and remediate the impact of this decision.  It is our hope that there will some clarity (and potentially a reversal) in the coming months.  In the meantime, residents and dealers should be mindful of the new restrictions and seek legal assistance if an unexpected enforcement action occurs.

 

2 thoughts on “Copies and Duplicates – the “New” Massachusetts Assault Weapons Ban

    1. jaguida

      Good afternoon:

      Thank you very much for this question. It is one that I receive quite often and one that often confuses potential clients.

      A “consultation” is a general, basic overview of a case. Consultations are offered by attorneys in situations where they need to learn more about a potential client’s legal issue. A consultation allows the attorney to ask basic background information, determine what kind of case the client may have and give the client an estimate of the likely cost of legal services for that case. Many divorce attorneys, criminal defense attorneys and civil attorneys provide free consultations to potential clients in the hope that the client will retain their services.

      A “consultation” should not be confused with a request for specific legal advice. Specific legal advice includes questions about interpretations of law and requests for individual guidance on potential legal issues. Client’s rely on the attorney’s knowledge and experience to answer these type of questions and attorney’s are compensated for this advice.

      Below is a basic overview of my firm’s policy on consultations. It should be noted that every case is different and a variety of factors may determine whether a case requires a consultation or a more in depth approach:

      My firm always provides free consultations on pending criminal matters. This consultation allows me to understand what types of charges the potential client is facing, what potential defenses exist and what the scope of work and cost may be.

      My firm often provides free consultations in cases involving the denial of an LTC or FID on “suitable person” grounds. This consultation allows me to determine the viability and costs associated with an appeal.

      My firm offers low-cost options for client’s seeking specific legal advice. Specific legal advice includes, but is not limited to, questions about the legality of certain weapons, eligibility for LTCs and FIDs, and questions about the transfer or registration of firearms.

      I hope that this answer is helpful to you and any future potential clients.

      Sincerely,

      Law Office of Jason A. Guida

      Liked by 1 person

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