They'll ostensibly bring in some kind of expert witness (for example, some random, anti-gun PD detective that has substantial firearms knowledge or whatever) that is willing to testify that they believe a magazine is postban, and why it is, etc, etc. Assuming, of course, that they're willing to go that far. These people do exist and some of them do have extensive knowledge, and some of them have the ability to speak/write in such a way that to a layperson they would appear pretty credible; then again there are used car salesmen that are pretty credible too- just think of all the terrible legal advice people parrot at the range and at gun shops every day; it is parroted in such a manner that is believable to most. I think the biggest possibility/danger of this happening is if say the DA throws a half dozen charges
against someone, and something happens which poses a high likelihood of invalidating most of the charges except the AWB charge, then the DA might decide to go full retard in a vain effort to try to pad their win-loss record because the AWB crap is the only thing left hanging
that hasn't been shot down.
Part of the problem with researching legal strategy on this topic is that as a generality, AWB charges are uncommonly RARE. I don't have the exact numbers but for every 100 gun cases MA courts deal with, I would be very surprised if AWB charges appeared in more than like 10 of these cases. Even in that subset, by the time the person pleas out or the case goes to trial, AWB charges often magically get dropped, my guess is because the defendant's lawyer says something like "Uhh, DA so and so, you know that stuff is bullshit, right, and I can shoot 100 holes in most of it in about 5 minutes, let's skip the dog and pony show, and focus on the charges against my client that actually matter, unless you wanna get embarrassed in court. " ) It is worth noting, though, that in a lot of these cases the person is still convicted of some disabling felony, so it sort of makes the whole worrying thing worthless anyways... if this state wants to kill you legally, it will do so, and it will get away with it, unless you have gobs of money laying around to afford the best attorneys or you have some very high level political connections. Welcome to the Banana republic. )
The sad reality of all of this, though, is that the absolute biggest risk in MA is not having enough money to fend this shit off. Then it won't matter one iota whether you are ACTUALLY right or wrong, they will give you a plea on a platter, and you will suck for it, and you will like it- because unless you have gobs of money laying around, you're probably just going to want to avoid prison and possibly maybe not go completely bankrupt. (and possibly run the risk of going bankrupt AND still losing in court anyways with some kind of disabling conviction which might have jail time. ) Most of these plea deals that don't involve a violent act involve little or no jail time in exchange for probation and an "F is for felon" stamp on your forehead. The DAs in this state make it easy for someone to suck for a plea. The whole thought of it makes me wonder if there are any countries one can repatriate to that don't have "prohibited person" bullshit and still allow guns.
ETA: For those who will suggest I am "fearmongering" just look up Greg Girard, AKA MTBS guy.
http://www.fortliberty.org/gregory-girards-worst-nightmare-comes-true.html
The state threw a bunch of garbage charges against him, most of them were dropped, but they still managed to legally turn him into a "nutbag felon" because he had a "silencer" and shot a few rounds into a bullet trap in his attic.
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
Such a menace to society. -Mike
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