Friendly Warning on High Cap Mags

GOAL

GOAL

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This morning we got an email from a law enforcement officer who suggested we put out a reminder concerning the high cap mag law. It appears he was at a club this past weekend and witnessed several people bragging about their ability to get high cap mags through different sources. According to him a few were showing them off.

Reminder: The high cap mag laws are NOT like the AG handgun regs. Many people confuse these two issues. Meaning, you can legally own handguns that are not AG approved if you can legally obtain them.

There is no circumstance that allows you to legally possess a high cap mag that was not legally possessed prior to 1994 regardless if you can get them. That includes moving into the state. You cannot move into the state with post ban mags.

Even the after market high cap mags for the Ruger 10/22 could get you 10 years in jail!

I realize most of you are well familiar with the law, but there is an increasing number of people who seem to be proud of themselves fro finding ways to outwit or get around the law. BE CAREFUL!!


Chapter 140: Section 131M. Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment

Section 131M. 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. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.

The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.
 
good reminder... [grin]

it amazes me how dumb some people are when it comes to this. I have overheard some doing this as well from time to time. Why would anyone broadcast something like this with other unknown people around if they were doing it and knew what was a stake??? Beyond me.... [rolleyes]
 
Thanks for the reminder Jim.

I'll add that just because a dealer in Mass will sell it to you doesn't mean it's legal.

Even if the dealer tells you it's OK, it's up to you to know the law.
 
Yes, a good reminder. I could easily obtain hi-cap mags but it just isn't worth it. The only hi-cap mags I have right now are for my Glock 19 since they are easy to come by. Haven't been able to find any for my Sig 229 .40 though.
 
GOAL said:
This morning we got an email from a law enforcement officer who suggested we put out a reminder concerning the high cap mag law.
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Kudos to the LEO on this one. And a great reminder.

I've new to all this. If I'm at the range and do something inappropriate I appreciate someone pointing it out. It is all about safety. The range is no place for an ego.

Same thing with equipment that could potentially get me in hot water. If someone sees it, I would appreciate a private tap on the shoulder pointing that out. I'm here to enjoy this sport. I admit there are lots of things I don't know, and any experienced members of this community that help me stay legal are appreciated.

Thanks,

Rich
 
Too many dealers these days are thumbing their nose at this and selling things clearly not AWB friendly. I don't know why they would risk their livelihood, or their customer's freedom but they are. Chances are they are doing this because in answer to Lord1234's question, no one has ever publicly acknowledged a prosecution for an AWB charge that wasn't linked to another charge like robbery, prohibited person in possession, etc. Basically, up until now, you needed to do something else for them to charge you with the AWB violation. That is not a rule, just a pattern.

In all, the fact that these things can move through the borders so easily exposes just how stupid it is for a single state (or 5 technically) out of 50 to keep a law like this. The AWB only "worked" because it stopped manufacturing from most reputable OEMs. Combined with the LEO markings, it kept things at bay. But now it is just an f'n joke and this is the inevitable result.
 
A "dealer" told me that hi-caps were fine for AR, "just put some tape over the stamp". While I appreciated his idea, it was not something I would dream of doing. Thanks to the LEO for the heads up and to you Jim for bringing it to the forefront.
 
So i'm new to this whole thing as well so let me get this straight. Even though i have a Class A LTC which allows me to posses large capacity firearms and magazines, the magazines have to have been manufactured pre 1994?

That being said all my large cap mags were manufactured pre 94 so i wouldn't have a problem but still.
 
Fixxah said:
A "dealer" told me that hi-caps were fine for AR, "just put some tape over the stamp". While I appreciated his idea, it was not something I would dream of doing. Thanks to the LEO for the heads up and to you Jim for bringing it to the forefront.
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I hope that dealer is not still around. Someone will/has fallen for that, I'm sure. I've met a few ATF agents in my career so far and they have all been pretty smart. Hell even a child knows that tape can be removed!
 
DirkDiggler said:
So i'm new to this whole thing as well so let me get this straight. Even though i have a Class A LTC which allows me to posses large capacity firearms and magazines, the magazines have to have been manufactured pre 1994?
Click to expand...
Yep. From MGL C140, S131m:
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.
Click to expand...
The GOAL Law Reference Chart is your friend.
 
DirkDiggler said:
So i'm new to this whole thing as well so let me get this straight. Even though i have a Class A LTC which allows me to posses large capacity firearms and magazines, the magazines have to have been manufactured pre 1994?

That being said all my large cap mags were manufactured pre 94 so i wouldn't have a problem but still.
Click to expand...

You've got it. MA made the old '94 AWB perm. so we still have to abide by all of the restrictions of that law - including no mags over 10 rounds made after 1994.

My only solace is CA is worse.
 
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terraformer said:
Chances are they are doing this because in answer to Lord1234's question...
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Agreed. I see people flaunting 131M all the time, both with post-ban mags and with post-ban guns. The law is not only confusing, but seems to be rarely enforced. It's no wonder nobody really cares much. Now, what strangers do is really none of my business. My house is clean, so what they do is not my concern. But it's a situation that's going to get somebody relatively innocent into a lot of trouble by being in the wrong place at the wrong time. That somehow feels even more unfair to me than the useless and unjust law in the first place.
 
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I've got like 30 newly made AR-15 magazines! All part of the benefits of being in NH! Watcha all waiting for?
 
jdubois said:
Agreed. I see people flaunting 131M all the time, both with post-ban mags and with post-ban guns. The law is not only confusing, but seems to be rarely enforced. It's no wonder nobody really cares much. Now, what strangers do is really none of my business. My house is clean, so what they do is not my concern. But it's a situation that's going to get somebody relatively innocent into a lot of trouble by being in the wrong place at the wrong time. That somehow feels even more unfair to me than the useless and unjust law in the first place.
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A few months back drgrant and I had the same conversation and the same conclusion was reached. The poor guy who eventually gets screwed by it is likely the least deserving of that punishment.
 
richc said:
If someone sees it, I would appreciate a private tap on the shoulder pointing that out.
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I see it all the time and no longer say anything at all!

Back some years ago at a gun show sponsored by our club, I spotted some LE/Mil marked mags on a dealer's table. I mentioned it to him and he gave me "why are you hassling me, I'm just trying to make a buck". When I spotted a uniformed MA State Trooper walking around the show, I had a friendly chat with the club president . . . no idea if he did anything or not, I just didn't want to see the club get in trouble and I was a "worker" at the event.

At a recent large gun show a dealer was selling similar LE/Mil marked mags and many folks (probably including some here on NES) were scooping them up. I just kept my nose clean and ignored it.

In spite of a vitriolic post on another forum recently accusing me of being a range Nazi, I repeat, I say nothing when I see illegal hi-caps on the range. However, one of my clubs probably has 3-400 LEOs as members and just because you don't see them wearing a uniform or badge (some do, some don't) doesn't mean that they won't jam you up. As an example, one Licensing Officer spends time there and what if he spots something and later sees you come in for a renewal in his town?

MichaelJ said:
I hope that dealer is not still around. Someone will/has fallen for that, I'm sure. I've met a few ATF agents in my career so far and they have all been pretty smart. Hell even a child knows that tape can be removed!
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There are LOTS of them Michael!

richc said:
including no mags over 10 rounds made AFTER 1994?
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Rich, the magic date is actually 9/13/1994. There are numerous threads on here about that topic.
 
LenS said:
I see it all the time and no longer say anything at all!
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Yeah, I'm with you. I used to occasionally bring it up in friendly chat if I happened to be talking to them anyway, but they all either told me I was wrong or told me they didn't care. So I don't bother anymore.

LenS said:
In spite of a vitriolic post on another forum recently accusing me of being a range Nazi,
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Oooh, that sounds fun. I'll have to go digging now [smile]
 
richc said:
Same thing with equipment that could potentially get me in hot water. If someone sees it, I would appreciate a private tap on the shoulder pointing that out.
Click to expand...

That is something I would NEVER do.

Not because I want you to get in trouble,but simply because it is none of my f'n business.

Now,if you point out the mag or weapon to me and ask me about it,and I can tell you are a noob and didn't know what you bought,I will definately point it out.I did this when somebody was proudly pointing out the pre-ban C-Products mag [laugh] they bought from 4Seasons a couple of years ago.

I will also tell you I don't give a damn,but I will try to educate you on the laws I know a little about.

My little hints to a happy and safe gunowner in MA:

1) Do not post pictures of anything you even think might be skirting the law.

2) Never announce your intentions or ask questions here about the legality of something you are thinking of getting.

3) Trust very few people when it comes to your stuff,there are people here that might just report your activities or goods "for your own good",it's a Mass thing I guess.

4) Only ask the people you trust FTF or PM's here their opinions of the legality of things,you will get way too many different answers here and leave more confused than you started.

Happy shooting!
 
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