Post-Ban Magazine Conviction

[Reptile]

I would never do this but...

Does anybody know of a case where a person was charged or lost their LTC due to possession of a post-ban high-cap magazine?



Reptile

 

[Scrivener]

I have not heard of such a case.


YET.

 

[notalib]

My Questions as well

To further the questin at hand, I was in my Gun store yesterday and the conversation got around to the same question... What is the penalty for having/being caught with a pre-ban high cap. One of the "wood stove" lawyers (you know.. the crowd that is always there.. sitting in the corner on the rockers) said that he got the complete set of Mass firearm laws and there was no place in them where a penalty was set forth. Is there anyone out there that can dive into this question for me??

 

[kevin9]

Go to the GOAL law chart page. Look at the AWB links. It's in there plain as day.

 

[notalib]

I see said the blind man

Kevin9... That was too easy... I gotta start looking around for myself... Thanks

 

[jdubois]

What is the penalty for having/being caught with a pre-ban high cap.

Did you mean pre-ban, or post-ban? Post-ban penalties are described in MGL Ch 140 Sec 131M. Having a pre-ban high cap isn't illegal, you just have to have a LTC-B for rifles/shotguns or an LTC-A for handguns.

 

[notalib]

Sorry.. a typo/brain f***.. I meant post ban

 

[drgrant]

Did you mean pre-ban, or post-ban? Post-ban penalties are described in MGL Ch 140 Sec 131M. Having a pre-ban high cap isn't illegal, you just have to have a LTC-B for rifles/shotguns or an LTC-A for handguns.

Not precisely but you're on the right track- large capacity magazines, even if preban, are "controlled devices"- meaning you must have an LTC-A or an LTC-B to even possess one in MA. If you have an LCAFD* w/o a license in MA, that is a penalty all by itself. I found out about this when I got "carded" at an MA gun show when I was buying a preban mag... then I looked up the law myself, and sure enough, an LTC-A or B is required to even possess a mag which holds greater than 10 rounds.

FWIW I have seen convictions based on the "LCAFD without a license" statute, but none which use the AWB. I would imagine that those cases are a hell of a lot easier to prosecute.

*LCAFD = Large Capacity Ammunition Feeding Device, the term coined within the law itself.


-Mike

 

[jdubois]

Not precisely but you're on the right track- large capacity magazines, even if preban, are "controlled devices"- meaning you must have an LTC-A or an LTC-B to even possess one in MA.

Um... isn't that what I just said?!?