ATF

RESTORATION OF CIVIL RIGHTS. Conflict Between Massachusetts & Federal Law

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RESTORATION OF CIVIL RIGHTS

Conflict Between Massachusetts & Federal Law

The Bureau of Alcohol, Tobacco and Firearms has reached out to the Massachusetts Firearms Review Board and advised them that they can no longer issue License to Carry or Firearms Identification Cards to Federally Prohibited Persons even if a favorable decision is made by the Firearms License Review Board. 

As of May 11, 2018. The MA Firearms Review Board will NO longer issue FID Cards to federally prohibited persons whose rights to an FID Card have been restored after 5 years under state law. Which means that the persons rights will be revoked. 

(Below is from Massachusetts Firearms Law Guide) 

Excerpt of Case Law Concerning Restoration of Rights
Any restriction on an individual’s right to possess firearms after conviction is a complete prohibition on the possession of all firearms under Federal law. Caron v. United States (1998)

Excerpt of Letter to Massachusetts Legislature Concerning Restoration of Rights

While Massachusetts has partially restored the rights of certain felons to possess long guns and handguns under certain conditions, this restoration does not remove federal prohibitions. As a result, previously convicted felons who have not had their firearms rights completely restored may not lawfully possess firearms under Federal law and may face prosecution under section 922(g)(1) despite their lawful possession under State law pursuant to valid FID Cards.

Roy Chabra,
BATF Division Counsel

C. 140 § 121 Definition of a Sawed-off Shotguns

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Sawed-off Shotguns: These are now illegal in Massachusetts under chapter 269, section 10. They cannot be possessed even by a holder of a federal Class III license. Caution, a legal shotgun with an 18″ barrel can be made into an illegal “sawed-off shotgun” under this definition by installing a pistol grip stock if the overall length then is less than 26″.

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WARNING: Trail cameras used as IED’s

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The ATF Issues Warning of More IEDs in Trail Cameras

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Kentucky State Police Post 10 have issued a warning that IEDs have been found in Harlan County.

Back in June, OutdoorHub published an article about officials investigating explosive rigged game cameras in Kentucky.

The public safety advisory, issued Monday, warns that some of the trail cameras were found abandoned on paths in rural areas near the Dave Smith Drainage Area, on the Little Black Mountain Spur in Harlan County.

 

These IEDs were designed to explode when a person inserted batteries into the trail camera, while others were set to explode by a trip wire leading to the trail cameras.

The first IED explosion happened in May and authorities had been on the lookout since.

An investigation led to the arrest of Mark Sawaf, in June, after police discovered materials in Sawaf’s trash that were connected to an explosive device that previously injured a man.

Authorities searched his home after his arrest and found trail camera parts, wire, and other materials that were used in the making of the IEDs.

During an attempt to have Sawaf find the remaining devices in Harlan County, he attempted to escape and was fatally shot.

With IEDs still believed to be in existence, authorities warn that should you come across a suspect trail camera or treestand, not to touch it and immediately notify law enforcement.