hi cap 22lr mags

[garyz]

ok, went into a shop yesterday, looking for a high cap mag for my 22 krinker
they said they were out, but would order one for me. am i missing something? i thought hi caps were a no no in mass. they said that 22's were exempt from this law. they said they should have it in on wed. am i going to jail, or is the shop correct?

garyz

 

[Len-2A Training]

RUN AWAY from this shop, as fast as you can!

.22s are NOT exempt! Read the law, posted here numerous times (Adv Search should find it).

TUBE-fed .22 guns were made exempt, but NOT .22 Magazines.

If this is a Ruger 10/22 variant, there are pre-ban mags available . . . I sold two to another forum member a year or so ago. BUT, many shops are selling new and telling you that they are pre-ban . . . you take your chances on a Felony conviction and loss of all gun rights for life.

I've looked at some new 10/22 mags (at the NH show), and I'd be very hard pressed to tell the difference between them and pre-ban, but with the resources of a DA's office I wouldn't want to bet my freedom on a chemical analysis of plastics proving it was new vs. old design material.

We need to work to change this law!!

 

[garyz]

len, thx for the info, but if the dlr sells them to me, isn't on the dlr, not me?
i specifically asked, and he told me not a problem. i realize ingorance of the law is no excuse, but if a liscensed gun shop is telling me this, i have to assume that they now the law, don't i?

 

[hminsky]

len, thx for the info, but if the dlr sells them to me, isn't on the dlr, not me?
i specifically asked, and he told me not a problem. i realize ingorance of the law is no excuse, but if a liscensed gun shop is telling me this, i have to assume that they now the law, don't i?

I don't think it works that way. The issue about guns which haven't passed the Attorney General's 'safety' requirements is one of 'consumer protection', so in that case if the gun dealer sells you a 'unsafe' product, they are on the hook. The guns that are restricted are not illegal to own, just illegal to sell in the state by the dealer, because you, the consumer, might hurt yourself or someone else with them because they are faulty products. However posession of items which are restricted by the AWB laws fall on the shoulders of the owner. If some guy sold you a full-auto M16, you would be responsible for having the appropriate license, not him.

 

[JonJ]

len, thx for the info, but if the dlr sells them to me, isn't on the dlr, not me?
i specifically asked, and he told me not a problem. i realize ingorance of the law is no excuse, but if a liscensed gun shop is telling me this, i have to assume that they now the law, don't i?

Sure the dealer will be in trouble but so will you:

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.

http://www.mass.gov/legis/laws/mgl/140-131m.htm

 

[Len-2A Training]

BTW, someone at the BR&P swap meet Sunday had 2 Eaton 25-rd pre-ban 10/22 mags. Didn't ask price and I don't think he sold them. Don't recall who had them however.

If you possess a post-ban hi-cap you get screwed. I doubt that they would even go after the dealer.