Mass. AG Cracks Down on Assault Weapons Ban 'Loophole'

BOSTON, MA — Massachusetts might have an assault weapons ban on the books, but manufacturers are exploiting a "loophole" to continue selling slightly modified "copycat" versions, according to the state Attorney General's office.

As of Wednesday, "We put gun manufacturers and gun dealers in Massachusetts on notice that we are cracking down on the sale of illegal assault weapons," AG Maura Healey announced at a morning press conference, flanked by police representatives, religious leaders, advocates and district attorneys.

• Sign up for Massachusetts state government newsletters and updates

An enforcement notice went out to 350 gun manufacturers and sellers in the state Wednesday, notifying them the state is cracking down on the sale of modified assault weapons of any kind, according to Healey.

According to her office, gun manufacturers have marketed assault weapons they consider state-compliant by removing flash suppressors or folding/telescoping stocks, "small tweaks that do nothing to limit the lethalness of the weapon," Healey said.

Although a prominent part of the national debate over gun violence, the definition of "assault weapons" is often murky and inevitably politically charged.

Under Massachusetts state law, "assault weapon" is defined as semiautomatic assault weapons, including all AR models and more, as well as revolving cylinder shotguns (full list here). Not included in the ban are any guns operated by manual bolt, pump, lever or slide action, inoperable assault weapons, anything made pre-1899, theater props and, most relevant to the current debate, any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition or any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.

The law also stipulates that "any of the weapons, or copies or duplicates of the weapons, of any caliber" are similarly banned.

Healey's crackdown Wednesday hinges on that last piece, interpreting "altered" as "copies or duplicates" of weapons banned under Massachusetts law.

"If a gun's operating system is essentially the same as a banned weapon, or if the gun has component parts that are interchangeable with those of a banned weapon — it's a copy, it's a duplicate, and it's illegal," Healey said Wednesday. "Assault weapons prohibited under our laws cannot be altered in any way to make their sale or possession legal in Massachusetts."

Healey said this ensures the state's assault weapons ban performs as intended, offering the "full protections" promised.

The decision is effective Wednesday but will not apply to gun owners who have purchased such weapons in the past. Gun dealers with those weapons currently in stock are not permitted to sell them to Massachusetts buyers, Healey said.

In her announcement Wednesday, Healey pointed the finger of blame toward congressional inaction on reinstating a federal assault weapons ban and at state gun manufacturers and dealers who she said apply their own "interpretation" to the state's assault weapons ban.

Healey said the updated enforcement policy was spurred by the mass shooting that took 49 lives at an Orlando, Florida, gay club in June — the most deadly attack of its kind in U.S. history.

>> Photo via Maura Healey Twitter