namedpipes
NES Member
I haven't the foggiest notion how to tell if a magazine is preban. I'm sure no shop would ever sell an illegal mag so I assume any mag I've bought in Mass is preban or otherwise legal.Look at the description in the model jury instructions:
Note the part about how the defendant must have "known" the gun was possessed, and must have also known the item was a firearm with the common meaning of that term. If similar instructions are given for a post-ban mag case, the prosecution would have to prove that the defendant (a) know he possessed the mag and (b) knew the mag was post-ban. So, it could hurt the defendant if the prosecution found a post by a defendant bragging about his expertise in identification of post ban mags, and listing all sorts of way to tell that the mags he possessed are post-ban.
If this defendant does go to trial, I would hope that any competent attorney would cite these model jury instructions and argue for similar on the magazine double-knowledge (know posses, know post ban).