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hi capacity magazines

Its actually worse. If someone gets a restraining order against you, you lose your 2a rights. The threshold of evidence necessary to get a restraining order is very low. Because in most cases, granting it imposes no real hardship on the subject of the order. The attitude is typically "why not? Whats the harm? If he's a good guy, its minimally invasive, and if he's a bad guy it will give us legal leverage."

I remember in a couple of cases in CT, a cop's estranged wife got a restrainig order against him while in the process of divorcing him. He was harassing her and her new boyfriend. The PD made the case that the restraining order should not be granted because it would prohibit him from carrying off duty.

It didn't fly with the judge. The cop could work, but had to leave his firearm at the station. ugh.

In CT at least, you can have a friend or relative come over and do a massive transfer all in one day. In MA, you're limited to 4 f2f transfers per year.

This is another area where a revocable trust set up for the ownership of firearms is useful. If the firearms are owned by a trust, you simply add a person as a trustee to the trust and bring the guns to their house. Very simple and the firearms ownership never transfers.
 
So here is an interesting hedge. I was just reading that there is no reason you can't have a FID and a LTC. Since the FID is shall-issue, as long as you are not prohibited, it could provide you with a legal hedge if you were ever charged with anything that would allow your CLEO to pull your LTC, but would not make you prohibited.

Does that make any sense?
 
So here is an interesting hedge. I was just reading that there is no reason you can't have a FID and a LTC. Since the FID is shall-issue, as long as you are not prohibited, it could provide you with a legal hedge if you were ever charged with anything that would allow your CLEO to pull your LTC, but would not make you prohibited.

Does that make any sense?

LTC and FID
 
So here is an interesting hedge. I was just reading that there is no reason you can't have a FID and a LTC. Since the FID is shall-issue, as long as you are not prohibited, it could provide you with a legal hedge if you were ever charged with anything that would allow your CLEO to pull your LTC, but would not make you prohibited.

Does that make any sense?

Some PDs will not issue both if you have the other, but there is nothing stopping you in the law from having both.

That said, an FID is pretty much worthless (it only covers fudd guns, basically, low capacity rifles, shotguns, ammunition, and mace) and it won't stop you from getting cleaned out, either, if the PD is thuggish. Better than nothing though. At least if they cleaned you out and you still had an FID, you could at least go out and get a shotgun and some shells for HD.

ETA: Also, in that thread that Eisenhow just posted, there are ruminations that some PDs unlawfully axe both, either. I have also heard indirectly of a case where some kid had extortion committed against him. He left a pump shotgun on his car after hunting, and forgot about it. He drove down the road and the gun fell off the car and he didn't know about it. They never found it. He reported it to the PD and basically the chief said "Surrender your FID or I will charge you with unsafe storage".

-Mike
 
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Does anyone know the last time anyone went to jail for a post ban mag? Just curious, would love to read up on that case and see the facts.
 
The interesting thing is that while the first sentence technically makes it illegal, the second sentence excepts those licensed under 122 (State Firearms Dealer License) from the penalty portion of the law. So, if you (as a private citizen) sell a high capacity feeding device to someone, you can be punished by 1k-10k AND/OR 1year - 10 years, but a licensed dealer can not.

And you could likely make a strong argument, based on the exception in the sentencing sentence, that it was legislative intent that those licensed under section 122 were exempt from the whole law, not just the sentencing portion.

Incorrect.

Those licensed under MGL 140-123 are only exempt from possession...

MGL 140-123 said:
...Sixteenth, That no licensee shall sell, lease, rent, transfer or deliver or offer for sale, lease, rent, transfer or delivery to any person any assault weapon or large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994...

...and the penalty for violation is the same...

MGL 140-128 said:
Any licensee under a license described in section one hundred and twenty-three, and any employee or agent of such a licensee, who violates any provision of said section required to be expressed in the ... sixteenth ... condition of said license ... shall be punished 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.
 
A few questions on new Hicaps in MA (instead of starting a new thread)

1. Are LEOs allowed to purchase new Hicaps for any and all guns they own, even if not used for duty?

2. If the answer to #1 is yes, are they required to turn them in when they retire or change professions?
 
A few questions on new Hicaps in MA (instead of starting a new thread)

1. Are LEOs allowed to purchase new Hicaps for any and all guns they own, even if not used for duty?

2. If the answer to #1 is yes, are they required to turn them in when they retire or change professions?

1. No
2. Yes

It would be interesting to know how many ex/retired leos know this.
 
It would be interesting to know how many ex/retired leos [STRIKE=undefined]know[/STRIKE] give a damn about this.

FIFY in accordance to many discussions that I've had with officers/chiefs.

Per EOPS, they aren't supposed to arrive to their shift/detail or leave the station with the hi-caps! To a man, every officer I've asked about this has some very choice words for those in higher power (state) about what they can do with their "interpretation" of MGL.
 
FIFY in accordance to many discussions that I've had with officers/chiefs.

Per EOPS, they aren't supposed to arrive to their shift/detail or leave the station with the hi-caps! To a man, every officer I've asked about this has some very choice words for those in higher power (state) about what they can do with their "interpretation" of MGL.

And if they are ever caught with one, whether currently employed or retired, they will of course be given a professional courtesy and left alone.

Don
 
Exactly. Its part of the subtle culture of corruption among most LEOs. Even good ones. Even friends of ours.

Nearly all expect a little extra "professional courtesy" when it comes to essentially victim-less crimes. These include

1) speeding when no accident is involved
2) DUI within reason, when there isn't an accident
2.5) General disregard for most traffic and parking laws.
3) possession of standard capacity mags.
4) a little extra resistance if an estranged wife/gf is pushing for a restraining order. (In CT, if the officer has a restraining order against him, he must stow his sidearm at the PD at the end of his shift) or if the officer is involved in a domestic dispute without injury.

The list goes on. Its subtle. Most of us would probably fall into it if given the opportunity. But make no mistake, it is a form of corruption.

Don
 
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