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hi capacity magazines
- Thread starter chindogg
- Start date
To add to the complexity if you move from another state to MA (obviously a bad decision) after 2006 and its in a configuration that is preban but from a free state can your gun be configured in a PreBan configuration legally in MA?
I moved here in 2006 and really need to know. Can my preban configured, postban firearm (purchased in CT in 2000), which was legally configured at time of move in the preban configuration remain configured in its preban configuration now that I live in MA??
I am getting conflicting responses. Sorry for the use of post ban but I did not want to waste time dancing around the term.
I moved here in 2006 and really need to know. Can my preban configured, postban firearm (purchased in CT in 2000), which was legally configured at time of move in the preban configuration remain configured in its preban configuration now that I live in MA??
I am getting conflicting responses. Sorry for the use of post ban but I did not want to waste time dancing around the term.
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It would be a tough case to argue that its only intended to be as part of their "official capacity" given that the law extended the exemption to retired officers, who clearly have no "official capacity" any longer.
I'm pretty confused at your post. If your gun was CT legal then it is probably MA legal now, since they have a similar ban.... with the exception of the magazines. CT does not ban mags, so if you have Post-9/94 manufacture mags that hold more than 10 rounds, those aren't legal here in MA.
-Mike
In 2000, the FEDERAL Assault Weapons Ban was in effect, so if it was purchased anywhere legally in 2000, it's in a post band configuration.
If you've modified it since it was purchased and it's now in a banned configuration, its posession is now banned in MA since it does not qualify for the grandfather exception.
Ok I understand the grandfather exception. The story I get from every store owner I talk to is that: since I moved into the state after the Federal AWB had expired while I was in the other state that I can have the gun in the configuration it was in when I came into the state. Thanks for all the input.
Actually this is off topic. I will look for a previous thread or start a new one. thanks
Actually this is off topic. I will look for a previous thread or start a new one. thanks
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inerlogic
NES Member
made before 9/94, GTG....
made after 9/94, banned.....
definition 2 from Webster's is the one that applies...
1 archaic : curse
2 : to prohibit especially by legal means <ban discrimination>; also : to prohibit the use, performance, or distribution of <ban a book> <ban a pesticide>
3 : bar 3c <banned from the U.N.>
made after 9/94, banned.....
definition 2 from Webster's is the one that applies...
1 archaic : curse
2 : to prohibit especially by legal means <ban discrimination>; also : to prohibit the use, performance, or distribution of <ban a book> <ban a pesticide>
3 : bar 3c <banned from the U.N.>
inerlogic
NES Member
a 30rd magazine altered to permanently accept only 10 rounds, is not a 30 round magazine... it's a 10 rounder.....
So what if I take a .223 mag and put .50 Beowulf in it? Is it still a 30 round mag? ![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
Yes, I am ****ing with you all. But I do it to show how ****ing dumb the laws are.
I gotta semiauto shotgun that holds 5 rounds. NO WAIT. I have a box of Aguila minishells. We're all going to hell now, because by virtue of that ammunition, the tube can hold more! Or what if I have a shotgun that holds 6 rounds... but if I put 3.5s in it, it only holds 4, so is it still large capacity? Effing stupid laws.
-Mike
Yes, I am ****ing with you all. But I do it to show how ****ing dumb the laws are.
I gotta semiauto shotgun that holds 5 rounds. NO WAIT. I have a box of Aguila minishells. We're all going to hell now, because by virtue of that ammunition, the tube can hold more!
Or what if I have a shotgun that holds 6 rounds... but if I put 3.5s in it, it only holds 4, so is it still large capacity? Effing stupid laws. -Mike
So what if I take a .223 mag and put .50 Beowulf in it? Is it still a 30 round mag?
Yes, I am ****ing with you all. But I do it to show how ****ing dumb the laws are.
I gotta semiauto shotgun that holds 5 rounds. NO WAIT. I have a box of Aguila minishells. We're all going to hell now, because by virtue of that ammunition, the tube can hold more!
-Mike
I said it in the MKA1919 thread, and I'll say it again here:
I love this state
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
I love this state. Really should have an emote that shows folks taking it up the a$$....that would fit this state.
Agreed Mike.
Stupid laws written by people with little to no understanding of what they were actually doing, only that they wanted to ban as much as possible, but still maintain the guise that they were not going after hunters and sportsmen, only "evil" military weapons "that have no lawful purpose" (even though the "evil" military weapons they were using for justification were already banned)
Stupid laws written by people with little to no understanding of what they were actually doing, only that they wanted to ban as much as possible, but still maintain the guise that they were not going after hunters and sportsmen, only "evil" military weapons "that have no lawful purpose" (even though the "evil" military weapons they were using for justification were already banned)
In college(MT), I had a friend who's entire business was buying mags, and modifying them to legally sell to CA/NJ residents. He had it down to a science, and had them perfectly measured to only allow 10/15 rounds, and not 11/16. Even if you tried your hardest to force that last round in.
http://www.mtnarmory.com/index.html
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Let me ask a question that I'm sure someone on this forum will be able to answer. Has ANYONE ever been prosecuted in this state for having a post-ban high capacity magazine?
I know, I know - I wouldn't want to be the test case but it seems a pretty silly law for some DA to try to enforce.
I know, I know - I wouldn't want to be the test case but it seems a pretty silly law for some DA to try to enforce.
dcmdon
NES Member
Wait. So you are saying that if you have a post ban gun, you shouldn't use pre ban hi cap mags with it??
How do you get that from the statute? You seem to be making a big leap.
dcmdon
NES Member
By "mixed bag" do you mean it was someone committing some other crime and they were found with an AW and prosecuted that way?
If so, its the same way in CT. Nobody has ever been charged under the state's AWB who was otherwise acting in a lawful manner. I realize that CT citizens have more rights than MA subjects with respect to guns.
Even still, since mags aren't serial numbered, short of using a P-Mag, how would a LEO even know when the mag was made?
Don
p.s. btw, it killed me to leave all my Pmags and Lancer Mags back in CT. The 20 round Lancer was perfect for service rifle matches.
MisterHappy
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The problem with these laws is that it's unlikely that Joe Gunn will be caught walking down Main Street wiht a new-in-box Hi-Cap magazine, and charged with posession.
if that were the case, then there would be a clear decision.
It's more likely that a guy will get caught in a drug deal: Posession with intent to distrbute; Posession of a firearm without a license; posession of ammo without a license; Posession of a Hi-cap mag; Resisting arrest; Assault on a police officer (he kicked the drug dog).
The entire calabash of charges gets distilled down to one plea....who knows how it was divided up?
A friend, who's a licensed falconer, wanted to know if he needed a license to posess 209 primers, that are used in hawk-catching net setups. I told him that under the letter of the law he needed an FID or better, but that an EPO was probably not too likely to bust his balls, considering the use. But that it was the letter of the law.
if that were the case, then there would be a clear decision.
It's more likely that a guy will get caught in a drug deal: Posession with intent to distrbute; Posession of a firearm without a license; posession of ammo without a license; Posession of a Hi-cap mag; Resisting arrest; Assault on a police officer (he kicked the drug dog).
The entire calabash of charges gets distilled down to one plea....who knows how it was divided up?
A friend, who's a licensed falconer, wanted to know if he needed a license to posess 209 primers, that are used in hawk-catching net setups. I told him that under the letter of the law he needed an FID or better, but that an EPO was probably not too likely to bust his balls, considering the use. But that it was the letter of the law.
Mark from MA
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Dcdmon,
No. First of all there is no such thing as a post ban gun. It was my attempt to mean new gun. Ie...gen4 glock, XDm...etc. I said nothing about using pre ban mags in a new gun. That I would assume is totally fine. All I meant was if your buying a or slightly used post 94 gun, don't buy new hi caps that may come with it.
No. First of all there is no such thing as a post ban gun. It was my attempt to mean new gun. Ie...gen4 glock, XDm...etc. I said nothing about using pre ban mags in a new gun. That I would assume is totally fine. All I meant was if your buying a or slightly used post 94 gun, don't buy new hi caps that may come with it.
Another scenario (really happened) was when they confiscate your guns (209A or LTC suspended/revoked) and inventory to discover a post-ban hi-cap.
Don't know the outcome, only that someone did get jacked up on this and it was in W. MA!
Don't know the outcome, only that someone did get jacked up on this and it was in W. MA!
dcmdon
NES Member
Mark,
If you want to split legal hairs, you are correct. But in the vernacular of these forums, the term post-ban refers to anything post 94.
I was only trying to get you to clarify your point, since to my eyes it sounded like you were saying that a pre-ban hi-cap mag in a post 94 gun would be illegal. Which as a new MA resident and someone still coming up to speed on the laws, sounded incorrect.
My fear was that someone inexperienced might read your post, interpret it the same way I did and not ask for clarification.
So again, thanks for the clarification. We're all in agreement here.
For what its worth I purchased some Gen 4 Glocks for myself in the weeks before I made the move to MA, and unfortunately had to leave some of the mags in CT. I actually bought the 34 with 10 round mags, but the 22 came with standard mags and those are still in CT.
Don't even get me started about the tub of unused P-mags in my basement. . . .
Don
p.s. Its also killing me that I sold all my pre-ban drop-free glock mags in 2004 to a friend in MA. He only paid me the replacement cost . . because I was such a nice guy. I screwed myself on that one. As a lefty, I prefer the non-drop free mags for defensive use. But for IDPA the pre-ban ones make life much easier, since you can load 11 in your first mag.
If you want to split legal hairs, you are correct. But in the vernacular of these forums, the term post-ban refers to anything post 94.
I was only trying to get you to clarify your point, since to my eyes it sounded like you were saying that a pre-ban hi-cap mag in a post 94 gun would be illegal. Which as a new MA resident and someone still coming up to speed on the laws, sounded incorrect.
My fear was that someone inexperienced might read your post, interpret it the same way I did and not ask for clarification.
So again, thanks for the clarification. We're all in agreement here.
For what its worth I purchased some Gen 4 Glocks for myself in the weeks before I made the move to MA, and unfortunately had to leave some of the mags in CT. I actually bought the 34 with 10 round mags, but the 22 came with standard mags and those are still in CT.
Don't even get me started about the tub of unused P-mags in my basement. . . .
Don
p.s. Its also killing me that I sold all my pre-ban drop-free glock mags in 2004 to a friend in MA. He only paid me the replacement cost . . because I was such a nice guy. I screwed myself on that one. As a lefty, I prefer the non-drop free mags for defensive use. But for IDPA the pre-ban ones make life much easier, since you can load 11 in your first mag.
He buys the best quality mags in bulk so he gets a discounted price, and passes that on to the customer. I believe they are fair prices but I have nothing to base it off of. All I know is that he had to get several more people involved in his company because of the huge demand.
Back on the topic, it looks like I need to buy some 10 rnd mags for my XD [sad2]
dcmdon
NES Member
Do they really come for your guns if your ltc is revoked? Even if you are not a "prohibited person". Lets use a DUI as an example.
You do a stupid, irresponsible thing and drive drunk. You are caught and prosecuted. Your CLEO determines that you are unfit to have a LTC.
Does a posse of LEOs show up at your door to take your guns? What if you still qualify for a FID, which I understand to be "shall issue".
This kind of talk makes me think I should bring everything except for the bare minimum back to CT, where I still maintain a residence and where no permits are required to possess any firearms, from rifles and shotguns to handguns and machine guns.
Don
dixidawg
NES Member
Yes. Except it happens when you are CHARGED (or at least did with a friend of mine.
He was charged with a DUI and 3 days later they had pulled his LTC and took the guns.
He eventually got CWOF, and got the LTC and guns back.
He was charged with a DUI and 3 days later they had pulled his LTC and took the guns.
He eventually got CWOF, and got the LTC and guns back.
dcmdon
NES Member
cwof?
Sounds like if one is arrested for something like this, they should (legally) transfer everything to a friend. Even if you need to use a dealer for numbers 5 +.
Sounds like if one is arrested for something like this, they should (legally) transfer everything to a friend. Even if you need to use a dealer for numbers 5 +.
It depends on the circumstances and the PD involved. A different chain of bombs starts going off with a 209A however, and your guns WILL DEFINITELY get confiscated under a 209A. Most of the other stuff is up in the air. EG, if a guy has an LTC expire, normally the cops aren't going to show up at your doorstep the day the grace period expires. Same thing with administrative revocations. You won't know unless/until it happens.
IMO it depends on how paranoid you are about a suitability revocation or a renewal failure with a non-statutory denial. That's about the only circumstance where you can get a license pulled and not become a prohibited person.
Your idea is sound if you think you are going to become the next Joe Landers (guy who lost his LTC because his jacket blew open in public and a LEO ratted on him to an anti gun PD). He eventually got his LTC back, but only because the thug CLEO retired. In saying that, these kinds of events are pretty rare in MA.
BTW, with a DUI if convicted in MA you become a prohibited person. Most people with decent lawyers that refuse to blow will get a CWOF, though, unless they are repeat visitors. Even in this interval, however, your guns can get bagged, even if not convicted.
-Mike
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