Massachusetts airgun silencer laws?

I live in the 7th layer of hell, (Worcester) anytime I’ve ran into the law with Airguns they never gave me any problems with my gear. Had suppressors and all..

Matt

Most times when you can't find a law or statute that "Prohibits" something it is generally allowed. Laws usually don't dictate what you "can" do, they dictate what you "can not" do.

If you don't see any restriction on air gun silencers, or you don't see any "definitions" in the law that list air guns as "firearms", then they are likely not covered by the law and would not be prohibited.

A quick search only turns up the below in reference to Mass (State) Law. Only thing I could see that would stop you would be if any local/town ordinances prohibit them.

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section12B

Move..

Move..

Click to expand...

^^^ This. I've lived in the NE twice. Never again.

That said, I try to keep up to date on firearms laws state-state as I am in a situation where I need to know each state's laws in real-time if I travel. Airguns on the other hand have been ruled by the Supreme Court as "NOT" firearms, so airgun accessories become free from legal issues in this regard. However...

That is not to say that a LEO wouldn't sweat you on it during a traffic-stop or similar encounter. By the letter of the law, it should be legal. But if you have a suppressor that is threaded the same way for an airgun that would match up to barrel-threading in your 9mm in the same trunk, a liberal state like MA may give you problems in court. It may be overturned later but you will go through a nightmare.

Laws are a slippery slope, but basically if a State does not have a law on the books for it, you are good. Just don't take it to the shopping mall.

Cape Cod here. In Massachusetts an airgun is not a firearm. Firearms laws do not apply.

Maybe better to sell your 12FP there and get something here with umph.

I've found this statute (https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section10A) which states "any gun" so I guess technically that could apply.

Click to expand...

  " any gun, revolver, pistol or other firearm "

I believe SCOTUS has ruled airguns are not firearms.

Directly from the Mass law you linked, in the law it says "or other firearm" thus categorizing their previous 3 words of "any gun, revolver, pistol", meaning the former are firearms in their definition, for the purpose of this law.

Very surprisingly for Mass, I believe this law was written poorly by legislators that had no clue silenced air rifles even existed, and if challenged if would eventually be amended with the word firearm substituted for the word gun. Lots of 'guns', glue guns, nail guns, staple guns, airguns speargun, etc...

If silenced air rifles were illegal in Mass,, Walmart couldn't sell/advertise them in their Mass stores... And Walmart does sell/advertise many of them in their Mass stores.

jmo

with a detachable silencer (i.e.DonnyFL) I wondered how that might be construed by law enforcement as an individual piece.

Click to expand...

All depends on the context of the situation/intended use, imo. As others have said,, by all means do not have a detachable device that could be misconstrued as illegal hanging around off your airgun becoming a possibility of being installed on a real firearm. If found under your seat with no air rifle present, that would be a problem for a Mass state trooper if he knew what it was and you had no proof of its intended purpose, you'd be taking a ride more than likely. If it was in your air rifle case next to your FX, not a problem imo. Otoh, if it was found with no airgun around, and also in your possession was your glock with a threaded barrel and you with no Mass pistol permit, then you'd be posting from the greybar hotel in Concord, for half a decade, not the 1 year mandatory pistol violation.

jmo

According to Mass Law airguns meet the DEFINITION of a Firearm, Rifle or Shotgun depending on their length and barrel. So if found with a silencer on one there is a very good likely hood that a prick of an LEO could cite you.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121

Interesting discusion...

My bet, knowing Mass legislation wording/loopholes, at the head of that section you linked to is the context' that allows Mass Walmarts to sell silenced air rifles...

" Section 121. As used in sections 122 to 131Q, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:? "

My condolences on your residency. 

What little I can contribute to this discussion is that the original federal court precedent, that clarified airgun moderators aren't silencers and blew the market wide open for us here stateside, was People vs. Michael Crooker. If memory serves, this occurred in the Commonwealth of Massachusetts. Obviously that is federal, not state, law however it is worth noting he wasn't subsequently prosecuted by the state on these charges. 

I hope that is at least an interesting anecdote, if not entirely helpful. 

My condolences on your residency. 

What little I can contribute to this discussion is that the original federal court precedent, that clarified airgun moderators aren't silencers and blew the market wide open for us here stateside, was People vs. Michael Crooker. If memory serves, this occurred in the Commonwealth of Massachusetts. Obviously that is federal, not state, law however it is worth noting he wasn't subsequently prosecuted by the state on these charges. 

I hope that is at least an interesting anecdote, if not entirely helpful.

Click to expand...

Was that the guy who was convicted of "armed robery with a firearm" only to be overturned later by the high court because he used a pellet gun (which the SCOTUS ruled is not a firearm)?

Click to expand...

Was that the guy who was convicted of "armed robery with a firearm" only to be overturned later by the high court because he used a pellet gun (which the SCOTUS ruled is not a firearm)?

Click to expand...

No, it was exactly what this thread is about and in Mass. And Crooker was acquitted of the silencer charge setting a precedent for air gun silencers. Seems you're good to go R_M_F, air gun silencers are legal even in Mass.

Thanks for that info STO. Very interesting read....

https://caselaw.findlaw.com/us-1st-circuit/1527670.html

"The conviction is reversed and the case remanded for the entry of a judgment of acquittal.

It is so ordered."

Click to expand...

Was that the guy who was convicted of "armed robery with a firearm" only to be overturned later by the high court because he used a pellet gun (which the SCOTUS ruled is not a firearm)?

Click to expand...

No, it was exactly what this thread is about and in Mass. And Crooker was acquitted of the silencer charge setting a precedent for air gun silencers. Seems you're good to go R_M_F, air gun silencers are legal even in Mass.

Thanks for that info STO. Very interesting read....

https://caselaw.findlaw.com/us-1st-circuit/1527670.html

Click to expand...

Not quite exactly. THIS thread is asking about the laws in a specific STATE

Right from your link.................." The federal statute under which Crooker was charged "



TO THE OP - Remember that Legal advise is generally only worth as much as you are willing to pay for it.