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Please quote the MGL or CMR which establishes this
(m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years.
Congratulations. You are the first person who directly addressed the OP's original question re: low-capacity magazines.my gut says, NO a non LTC holder should not possess a small capacity mag on their person. they would want to overreach and jack you up for it. (obviously, an UNLOADED small capacity magazine i mean)
But i bet technically that is not correct. It is not a component, nor is it a restricted firearm. You would probably get off after spending a lot on a good lawyer.
For instance, unloaded small capacity magazines do not have to be stored in a locked container in MA--giving them access to all in the house.
Congratulations. You are the first person who directly addressed the OP's original question re: low-capacity magazines.
And it is not a surprising question given that more and more vendors are requiring proof of a license before selling a MA resident any firearm magazine. Happens to me all the time including at the last MA show.
I think your answer nailed it. Methinks it's more of that damn Massprudance thing vs. the law as written.
Remember when S&W was using this same sort of BS as a vague excuse for not extending their free M&P magazines deal to Massachusetts (and CT) residents? Same damn thing IMHO. There are some Internet vendors out there who won't ship any magazines to Massachusetts out of fear of our lunatic AG lady. It's a pitiful situation that just keeps getting worse.I'm thinking that's the answer right there. Not really sure what makes small capacity magazines so scary, but I'll bet it will still get someone who isn't licensed jammed up. Maybe it's the scary stiff springs in there. You know, it could put your eye out kid! Also, I've had gun stores ask for an LTC when buying a small capacity mag before.
I had this question last Christmas when the ladyfriend asked what I wanted. Decided against asking her for spare mags and asked for night sights instead. Dad, however, couldn't believe the cost of spare HK mags, lol.
Rob, reading comprehension failure!
The OP's question was specifically about NON-large capacity mags!!!!
To the OP's question:
- Nothing in MGL that I've ever seen makes it a crime to possess UNLOADED NON-large capacity mags for any gun if you don't have a MA gun license of some sort.
- That said, you can bet that many PDs would try to jack someone up and DAs and MSP ballistics "ex-spurts" would back them up. So it would be an expensive legal battle to win and a black mark on your record that will never get erased.
My rationale for the above is my personal experience with a criminal case almost 2 years ago. DA prosecuted and MSP ballistics "ex-spurt" (with ~25 yrs experience) testified (and provided written "proof") that a standard SKS (Norinco) rifle was a large capacity rifle holding 11+1 rds and that the clip (yes a clip feeds the internal mag on this gun) holds 11 rds. According to his public defender and the PI who had the sense to bring me in to testify as an expert witness, if I hadn't refuted the above the defendant would have been convicted and done hard time in state prison for these non-crimes.
So as much as I believe that it is legal, I also suggest that Massprudence should dictate that you not do this unless you have someone like Atty. Jason Guida on speed-dial and have the money to pay him to get you off.
Wait, they tried arguing that a stripper clip holds 12 rounds? Great experts there. I feel like it should have been a matter of bringing in a stripper clip, loading it with snap caps (and counting to 10), and then shoving it into the SKS internal mag. Could the lawyer have gotten some sort of special permission slip to bring the offending hunk of metal and wood in and demonstrate loading? That case still strikes me as extremely stupid.
It's a piece of plastic