AG Healey's 2016 Enforcement Notice on Assault Weapons

On July 20, 2016, Attorney General Maura Healey issued an Enforcement Notice^[1] announcing a crackdown on the sale of "copycat" assault weapons in Massachusetts. The notice reinterpreted what constitutes a "copy or duplicate" of a banned assault weapon under MGL Chapter 140, Sections 121 and 131M.

Two New Tests

The enforcement notice established two tests^[2] for determining whether a firearm is a prohibited "copy or duplicate":

1. Similarity Test: A weapon is a "copy or duplicate" if its internal functional components are substantially similar in construction and configuration to those of an enumerated weapon (e.g., AR-15, AK-47). If the operating system and firing mechanism are based on or substantially similar to an enumerated weapon, it qualifies.
2. Interchangeability Test: A weapon is a "copy or duplicate" if it has a receiver that is the same as or interchangeable with the receiver of an enumerated weapon.

Impact

The notice effectively banned most AR-15 platform rifles and AK-pattern rifles in Massachusetts, including those that had been sold as "MA-compliant" with fixed stocks, no bayonet lugs, and other feature modifications. Gun shops reported immediate drops in sales. Fifty-eight state lawmakers signed a letter opposing the directive.

No Retroactive Enforcement

The AG's office stated the notice would not be enforced retroactively against gun owners who bought or sold these weapons prior to July 20, 2016. This date later became a key cutoff in the Chapter 135 grandfathering provisions.

Legal Challenges

The enforcement notice was challenged in Worman v. Healey. Both the district court and the First Circuit upheld it. Chapter 135 of the Acts of 2024 later codified the substance of the enforcement notice into statutory law.