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Any recent change in the MA magazine restriction law?

I noticed an interesting carve out for retired cops in the bottom of that. Very interesting and sadly very typical.
Except that isn't really true. Ethics laws in MA prohibit "giving" guns/mags or anything else to public officials upon retirement (that is the qualifier in the law), so it is no-go.

Many years ago it was common in MA for PDs/MSP to gift their service gun to a retiree . . . not anymore unless people want to go to jail.
 
I have some externally dated pre 94 mags for sale on gunbroker and someone contacted me claiming my mags were illegal even though they are pre 94. Everyhting I have read and researched says not so. He claims there's a change in the law saying that they have to have been in MA already before 94. I can find no such reference, quite the opposite, everything I can find now reinforces my previous info.

Thoughts?

Thanks.

tsh77769
Tell him for him, the price of the mags just went up $50.
 
Protip: You're never going to find legal toilet paper / citations / case law for things that aren't actually illegal.

What you are asking about, is like asking for case law that validates the legality of breathing. Think about how fundamentally stupid that is for more than 10 seconds....

ETA: I'm glad I dont live like that, even believing in that sort of illogic is terrifying.

"Oh maybe I should call up the PD and maybe my attorney, before I take a dump today. After all there's no case law on crapping! " [rofl]
Truer words have never been spoken. Rights are like muscle strength, if you don't exercise them you slowly LOSE them.
 
Access to the internet makes everyone an "expert", yet there's very little evidence of any actual expertise. Instead, you just get a bunch of people who like to start sentences with "Well, technically speaking...", as if their 2 minute Google search earned them a PhD on the topic.
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Well, it's better than just sitting around scratching their nuts. Jack.
That's an engineering value judgement.

... can you cite ... something one can use as a winning defense in an upcoming trial?
Sure, buddy: @nstassel
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So this guy is a real POS!

He's still harassing me and telling me my mags are illegal and I can't sell them.

So I look him up on GunBroker by his username and it turns out that he's selling pre-94 mags marketed at Massachusetts as well. I think he's just trying to get rid of other sellers. What a POS.
Be a shame if someone was to drop a dime to the Attorney General's Consumer Hotline.
Case law in 3...2...1...
I remeber him, he is a real dick, and also he is in florida but advertises as if in MA
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Just remember, when you go to the range, put each pre-ban mag in it's own locked case.

Break your rifle down and lock the upper and lower in a seperate case.

Ammo, I bring one of those lee handpresses and just load it there, don't want to risk it.

Probably also good idea to shit your pants before leaving your driveway. And don't forget your driving mask.

Good shooting.
 
Except that isn't really true. Ethics laws in MA prohibit "giving" guns/mags or anything else to public officials upon retirement (that is the qualifier in the law), so it is no-go.

Many years ago it was common in MA for PDs/MSP to gift their service gun to a retiree . . . not anymore unless people want to go to jail.
The way I read it didn't have anything to do with giving them anything but rather that a retired cop could possess them while we were serfs could not.
 
The way I read it didn't have anything to do with giving them anything but rather that a retired cop could possess them while we were serfs could not.
Believe what you want. I've run it by 2 attorneys that were knowledgeable of Mass gun laws and I'm a retired cop and don't/won't possess any new standard capacity mags in MA.
 
As written; No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994.
So... September 14, 1994 or after is fine!
 
hmm, if 80% kits are treated as guns, and if a piece of metal could be treated as an 80% kit and thereby treated as a gun, is any piece of plastic or metal I had before 1994 thereby a pre-ban magazine and I just have to finish the build?
 
Believe what you want. I've run it by 2 attorneys that were knowledgeable of Mass gun laws and I'm a retired cop and don't/won't possess any new standard capacity mags in MA.
The way it was explained to me was that active officers may purchase, own and carry them. Retired officers may still own and carry them, but can no longer purchase the so called hi-cap mags or AR type rifles with evil features with a retired ID.

To be honest I stopped caring a long time ago about this garbage and just live my life. It’s near impossible to stay current and clear on what TF they want or what they change every other month on a whim. If they want to drag me over the coals for a 15rd mag after 2.5 decades of service have at it.
 
Though I’d like this to be true, can you cite anything confirming it? Any case law, Or something one can use as a winning defense in an upcoming trial?

Dave
Yes "lawfully possessed".

Now, let the State prove it really meant "lawfully possessed in the State of Massachusetts".

Dude seriously, you will never get in trouble for this. If anyone ever tries to use this, you will be in deep sh*t, they will just use it as one more thing to pile on to a long list of charges for the sake of adding stuff and make it look worse.

---------

On a side note, let's assume you have a post ban mag, maybe one from 2000, but it has no markings, not even a manufacturer marking.

Do you understand how hard and stupid expensive it would be to prove it is not a pre-ban?

I am not even sure where they would start, maybe paying stupid money for some expert to spend hundreds of hours researching it and I am sure your own defense expert could shut that down easy.

A good example might be AK mags, those that have the spot welds, I believe those are not "pre-ban", LMAO, good luck proving that unless there is some documentation that for some reason an unknown manufacturer switched to spot welding the mags and no other manufacturer ever did that before 1994.
 
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Isn’t the reason it doesn’t specify “in the state” that this law was copy-pasted from federal law, and it wasn’t fixed because the people writing our laws are not that bright and are only doing that because nobody else would hire them?

Actually, they probably just didn’t think to further restrict it when they did their copy-paste. Though they did “improve” the enumeration of AK manufacturers banned by name, so it wouldn’t have been impossible to add a few words here as well.
 
I have been buying magazines for nearly 50 years now. I can remember buying surplus GI mags out of a bin at an Army/Navy store (remember those?) for a couple bucks.

I store my mags by application, not age. I didn’t put all the mags I purchased since 94 in a separate box. So to be honest with a lot of my mags even I don’t know which are pre ban and which are post ban. :confused:
 
Dude seriously, you will never get in trouble for this. If anyone ever tries to use this, you will be in deep sh*t, they will just use it as one more thing to pile on to a long list of charges for the sake of adding stuff and make it look worse.

Exactly. A well known and respected 2A attorney who is here on NES told me if they come after you for standard capacity magazines you have much more serious issues because it is most likely an add on charge.
 
I've had sellers online quote this a lot as a reason preban mags are "illegal" in MA. Just a matter of finding people more familiar with actual effect of the laws.
 
I've had sellers online quote this a lot as a reason preban mags are "illegal" in MA. Just a matter of finding people more familiar with actual effect of the laws.

When I used to sell things to people in MA it boiled down to does the seller actually want it or not? The ones who are asking me, a random guy on NES all these legal questions is not what I consider a serious buyer. Every time on NES when I listed a gun or magazine and got a question about it's legality I believe no sale took place.

The people who want it understand what the rules are and buy it. The tire kickers are really difficult to work with and in more than one instance here on NES I lost out on some money while I waited for them to make up their mind while having to turn ready cash in hand buyers away in the meantime.

Such is life, I suppose. but it does get really F'ing annoying when your selling a lot of shit at once and dealing with multiple morons who arent even serious.
 
So this guy is a real POS!

He's still harassing me and telling me my mags are illegal and I can't sell them.

So I look him up on GunBroker by his username and it turns out that he's selling pre-94 mags marketed at Massachusetts as well. I think he's just trying to get rid of other sellers. What a POS.
So for the heck of it I used the “ask seller question “ on GB and asked “how do
I know they were in state prior to 1994?” His reply “You don’t” & “I never said it was”.
 
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