Military Issue Post Ban 30rd Magzines

[76Too]

I'm in the Marine Corps Reserves and was issued post ban 30 round magazines as part of my sif gear. Am I exempt from the phelony charges if I'm carrying my magazines to or from drill periods (which is technically considered being 'on duty')...also, is storing these magazines in the meantime at all illegal if they are kept locked in my safe?

I certainly don't want to run into any issues with this down the road, and never realized the severity of the law.

 

[Palladin]

your guess on the legality of them, is as good as the cop who's going to make an issue of it.

 

[45collector]

your guess on the legality of them, is as good as the cop who's going to make an issue of it.

Yup. Just don't be waving them around announcing they're post ban and you will probably be fine.

I've talked with several MA LEO's who've told me as long as someone who possesses post-ban magazines has an LTC and is not doing anything illegal/ stupid, they couldn't care less what date the magazine was made. Unfortunately guys like that may not be the majority but at least some of them are on our side.

 

[Mike-Mike]

I'd love to the see the government require you to have something and then the government arrest you for possessing such. Who knows.

 

[Len-2A Training]

I'd love to the see the government require you to have something and then the government arrest you for possessing such. Who knows.

Different gov'ts!

Seriously, the EOPS Legal Team wouldn't think twice of jacking up a Soldier/Sailor/Marine on a felony possession charge. And I'm not taking any bets on a MA activist judge either!

WRT the law:

- There is NO exception for anything but on active duty with authorization!

- No exception for storing them at home, for being given them upon release by the military, etc.

A "thinking person" wouldn't make an issue of it, but I can tell you that every PD has at least one "Class A A-hole" PO working for them, many "desk jockeys" (chiefs) who have no respect or use for our heroes, and politicians (DA/ADA) who would get their rocks off jacking up a LEO or MIL person on such charges.

I have no advice on what to do only that keeping what one does "low key" and not advertising it on the Internet (remember EOPS and AG trolls read these posts too) is always a smart move. [Keep in mind that EOPS Legal advised all PDs that their officers MUST leave their ISSUE large-cap mags at the PD at the end of each shift! That gives you some idea how they are thinking and would likely behave wrt MIL!]

 

[RCam0843]

Keep them disassembled and don't use them until "on duty".. once disassembled, they are simply "spare magazine parts to be used to rebuild pre-ban mags". Also, being disassembled and in pieces dose not qualify it as a "magazine," taking care of the whole issue.

 

[ntomsw]

Don't make a thread about it on the internet. That's where I would have started.

 

[76Too]

I never stated that I am currently doing anything that would cause the law to be concerned. I have traveled with these magazines in the past, both to and from drill at which times I am considered to be on duty.

I was simply inquiring as to the legality of this, and if there was a specific exemption for military to possess (not openly use or 'wave around') the issued gear while not necessarily on duty. I'm on call 24-7, and although I don't necessarily agree with there not being an exemption for military, I now know that it is the best idea to keep my magazines at my unit. Should the need arise that I need them for military service, I realize traveling 2 hours to retrieve them is better than spending the rest of my life in prison.

In closing, I thank you for your opinions and information.

ntomsw...The government knows more about me than my parents. I'm not about to start being paranoid about what I post on the internet when it concerns gear that THEY gave to me. It was an honest question I needed an answer to...and now I know...

...and KNOWING is half the battle! G.I. JOE!

 

[Len-2A Training]

Keep them disassembled and don't use them until "on duty".. once disassembled, they are simply "spare magazine parts to be used to rebuild pre-ban mags". Also, being disassembled and in pieces dose not qualify it as a "magazine," taking care of the whole issue.

That won't fly in MA. That is a CA solution that ONLY WORKS IN CA!

I suggest that you not suggest doing things that aren't legal in the state being asked about. It really doesn't help the OP or anyone reading the thread.


--------------------

The only exemption in MGL is as I stated above . . . on active duty with authorization to have them. If you aren't on active duty at any given moment, possession is illegal. Stupid, I agree but it is what it is. And I know at least one chief who has built his reputation on screwing our Military in 2 states . . . and there is even a court case to prove it (don't ask, I don't have the reference . . . a Boston PD Detective told me he studied that case in a college law course)!

- - - Updated - - -

Keep them disassembled and don't use them until "on duty".. once disassembled, they are simply "spare magazine parts to be used to rebuild pre-ban mags". Also, being disassembled and in pieces dose not qualify it as a "magazine," taking care of the whole issue.

That won't fly in MA. That is a CA solution that ONLY WORKS IN CA!

I suggest that you not suggest doing things that aren't legal in the state being asked about. It really doesn't help the OP or anyone reading the thread.


--------------------

The only exemption in MGL is as I stated above . . . on active duty with authorization to have them. If you aren't on active duty at any given moment, possession is illegal. Stupid, I agree but it is what it is. And I know at least one chief who has built his reputation on screwing our Military in 2 states . . . and there is even a court case to prove it (don't ask, I don't have the reference . . . a Boston PD Detective told me he studied that case in a college law course)!

 

[reekie6]

why would you take them home?? doesn't the armorer keep that stuff with the weapons for you???

 

[jasons]

why would you take them home?? doesn't the armorer keep that stuff with the weapons for you???

Not when I was in. Mags were part of our individual issue, just like a flashlight or a pair of socks.

 

[SJan]

Keep them disassembled and don't use them until "on duty"....once disassembled, they are simply "spare magazine parts to be used to rebuild pre-ban mags". Also, being disassembled and in pieces dose not qualify it as a "magazine," taking care of the whole issue.

That won't fly in MA. That is a CA solution that ONLY WORKS IN CA!

Has some poor soul in MA actually been charged with possessing a hi cap magazine part ?

 

[reekie6]

ours kept the mags . I guess so we wouldn't loose them . I was in the army from 88-95. never got issued mags except when deployed . of for the range.

 

[ARmechanic]

I think if mass ever charged a soldier for having what he was issued, and kept empty and locked it would receive national attention. If state and local government can overrule federal mandate it will cause further second guessing of federal government. Granted some states have laws that seems to undermine federal laws and even constitutional rights, but the more that is allowed the worse things get for the federal government. I would hope that someone would have enough respect and brains not to target a soldier serving our country for something issued and protected.

 

[Len-2A Training]

Has some poor soul in MA actually been charged with possessing a hi cap magazine part ?

Mags yes, unknown about "parts" but I can tell you that if you have all the parts a DA won't charge you for "parts" but for constructive possession of a post-ban large-cap mag. Of course you are welcome to try it and prove me wrong. Just don't advise others to be the fall guy to try to prove what you think might skate by.

I would hope that someone would have enough respect and brains not to target a soldier serving our country for something issued and protected.

Well I might hope so to, but if you knew some of the players you would also know that some have NO RESPECT and NO BRAINS and will do as they please to make it difficult as possible for our Military. Sad but that is the world that we live in.

 

[CTpatriot]

I'm in the Marine Corps Reserves and was issued post ban 30 round magazines as part of my sif gear. Am I exempt from the phelony charges if I'm carrying my magazines to or from drill periods (which is technically considered being 'on duty')...also, is storing these magazines in the meantime at all illegal if they are kept locked in my safe?

I certainly don't want to run into any issues with this down the road, and never realized the severity of the law.

you should be immediately jailed, when given the mags you should have refused for the children's sake. have you no shame or humanity, babykiller!

 

[MisterHappy]

I think if mass ever charged a soldier for having what he was issued, and kept empty and locked it would receive national attention. If state and local government can overrule federal mandate it will cause further second guessing of federal government. Granted some states have laws that seems to undermine federal laws and even constitutional rights, but the more that is allowed the worse things get for the federal government. I would hope that someone would have enough respect and brains not to target a soldier serving our country for something issued and protected.

Frankly, I'm surprised that since military service is all volunteer, being a veteran is not a discretionary disqualifier for an LTC in some locations, as signing up to kill people ( even foreigners) is a sign of potential violence.

Mass has said repeatedly that the Constitution may not apply in the PRM.

 

[Fixxah]

Are you a postal worker?

-Proud to be dad every day, a licensed plumber most days, and wish I was a shoemaker on others.

 

[76Too]

No postal work in this guys foreseeable future...I'm just a simple man trying to do the right thing by God and my fellow countrymen...now for that (in Massachusetts), I should clearly be damned to Hell with NPR playing 24 hours a day...and Diane Feinstein as the devil.

This state is lucky I love my family, and that I have an appreciation for the history that took place not far from our doorsteps when this country was still a twinkle in the eyes of our forefathers...because I'd be in New Hampshire or Texas in a heartbeat. Actually...New Hampshire is sounding better and better every year. I can be that 'crazy uncle' that lives up in the mountains. Maybe when my contract with the Corps is up...3 hours each way is a long way to go for drill every month.

 

[76Too]

P.S. the armory issues our magazines with cif gear (backpacks, sleeping system, canteens). The only thing I get when we go to the range is good ol' serial number 10562989 (Knights Armament M16A4) and my ACOG

 

[Kisspik002]

its only gonna be a problem if you committed a crime or did something to draw attention to yourself. Use your head and you will never have a problem

 

[jasons]

its only gonna be a problem if you committed a crime or did something to draw attention to yourself. Use your head and you will never have a problem

Like ask a question at a gun shop.

 

[mikem317]

Keep them disassembled and don't use them until "on duty".. once disassembled, they are simply "spare magazine parts to be used to rebuild pre-ban mags". Also, being disassembled and in pieces dose not qualify it as a "magazine," taking care of the whole issue.

Two words: 1. Constructive and 2. Possession.

 

[Dmn0166]

Different gov'ts!

Seriously, the EOPS Legal Team wouldn't think twice of jacking up a Soldier/Sailor/Marine on a felony possession charge. And I'm not taking any bets on a MA activist judge either!

WRT the law:

- There is NO exception for anything but on active duty with authorization!

- No exception for storing them at home, for being given them upon release by the military, etc.

A "thinking person" wouldn't make an issue of it, but I can tell you that every PD has at least one "Class A A-hole" PO working for them, many "desk jockeys" (chiefs) who have no respect or use for our heroes, and politicians (DA/ADA) who would get their rocks off jacking up a LEO or MIL person on such charges.

I have no advice on what to do only that keeping what one does "low key" and not advertising it on the Internet (remember EOPS and AG trolls read these posts too) is always a smart move. [Keep in mind that EOPS Legal advised all PDs that their officers MUST leave their ISSUE large-cap mags at the PD at the end of each shift! That gives you some idea how they are thinking and would likely behave wrt MIL!]

Not to toss this thread off topic.... But what if an off duty Leo is carrying his or her issued m&p concealed with the standard magazines issued as a leo... Illegal?

Sent from my SCH-I545 using Tapatalk 2

 

[Len-2A Training]

Not to toss this thread off topic.... But what if an off duty Leo is carrying his or her issued m&p concealed with the standard magazines issued as a leo... Illegal?

According to Dep. General Counsel at EOPS, Elisabeth Ryan, YES!

Numerous police officers (including high ranking ones) that I've discussed this with have some rather pointed words for her and her pronouncements.

 

[ARmechanic]

Ya know I didn't think of this but don't post ban mags say for Leo/mil use only? And wouldn't that constitute that if it's military issued he should be fine? Just wondering but from what I hear mass is a cluster with this stuff.

 

[Len-2A Training]

Ya know I didn't think of this but don't post ban mags say for Leo/mil use only? And wouldn't that constitute that if it's military issued he should be fine? Just wondering but from what I hear mass is a cluster with this stuff.

That was true for the Fed Ban and was believed to be true for the MA Ban. HOWEVER, those legal beagles currently in power have taken it upon themselves to re-write MGL (without legislative action) and re-interpret it to their liking!

 

[ARmechanic]

And I thought they basically said we will keep it active when it's not federally but there was a lot of confusion throughout the legal system. God I hate politicians.

 

[drgrant]

You could get in trouble (if someone wanted to go FR over it) but you might as well buy some megabucks tickets at the same time, your odds are better. Course you could always put stickers on the sides that say .50 Beowulf and 10 ROUNDS. Now they're just 10 round magazines, how convenient! I'm being facetious but this is how ****ed up the law is.

-Mike

- - - Updated - - -

Two words: 1. Constructive and 2. Possession.

No case law on this for magazines in MA, so this is, from a functional aspect, uncertain/unknown.

-Mike