Three Grandfathering Dates and the Burden of Proof

Massachusetts law uses several dates for different firearm and feeding-device provisions. They are not interchangeable, and an item's eligibility depends on the exact statutory category and conditions.

September 13, 1994: Large-Capacity Feeding Devices

MGL c. 140, § 131M(c) provides a limited exception for a large-capacity feeding device lawfully possessed on September 13, 1994. Possession under this exception is limited to the locations and travel stated in the section, and the device must be stored unloaded and secured in a locked container in accordance with sections 131C and 131L.^[1]

July 20, 2016: Certain Copies or Duplicates

MGL c. 140, § 121 states that a firearm otherwise meeting its copy-or-duplicate provision is not treated as a copy or duplicate if it was sold, owned, and registered before July 20, 2016.^[2] The current text should be applied as written. The copy-or-duplicate exception uses the words "sold, owned and registered prior to July 20, 2016" and does not state a two-feature condition.

August 1, 2024: Assault-Style Firearms

MGL c. 140, § 131M(b) provides that the general prohibition does not apply to an assault-style firearm lawfully possessed within Massachusetts on August 1, 2024 by an LTC holder or licensed seller, provided the firearm satisfies the registration and serialization conditions stated there. The phrase "within the commonwealth" matters to this provision.

Proof and Burden Questions

The statutes identify the dates and conditions but do not create one general evidence checklist for every item. The current Superior Court model instruction for unlawful possession of a large-capacity weapon or feeding device tells judges to modify the instruction when the charge is under Section 131M.^[3]

Records to Preserve

Contemporaneous receipts, registration records, dated photographs, manufacturer information, and other reliable provenance may be relevant.

Bottom Line

Start with the item's statutory category, then apply the date, location, licensing, registration, serialization, and transfer conditions tied to that category. A person facing a disputed classification or criminal exposure should obtain qualified legal advice.