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Preban mag inspection?

jkoj

jkoj

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So I know a lot of us M*******s have some preban mags for our Sigs, Glocks, AR's etc. Has anyone ever heard if someone being charged for having a post ban full cap mag. Just curious because I never have. How is it handled?
 
jkoj said:
Yeah but I'm talking about the good guys. Like if you get pulled over and have to show your gun. Maybe they look at the mag and think it's illegal.
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If a LEO is looking at your gun to that degree you're probably going to jail for something else, frankly.

I've never heard of this, not even when someone was disarmed by a true barney fife type for acting retarded and declaring when they got pulled over.

Obviously if your gun gets confiscated for something (say an SD incident, a 209A, etc) it might be subjected to a higher level of scrutiny if the LEO/investigator is a dick.

bill o said:
Sure, usually drug dealers or violent criminals.

http://www.bostonherald.com/news_op...tate_police_seize_high_capacity_gun_in_arrest

Use this search string in google to get many more instances:
large capacity feeding device site:bostonglobe.com
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It's worth noting that in most of these cases too these hits are likely to be "LCAFD without a license" charges (which is an easy-bag felony) and not that AWB felony charge which is much harder for them to prosecute.

-Mike
 
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I don't believe anyone had been solo charged with High cap mags in mass. Usually they add th charge onto others like not have a ltc or similar. But is it worth the hassle or the risk for a few extra rounds? if you come across some shush up leave them at home.
 
My only contribution to this would be during the inevitable use everyone is planning for. You have a shooting, police arrive and take your firearm and mags. Its now in evidence and sitting in an evidence locker for the next 6-12 months. Anyone involved the pd, the defense for the scumbag you shoot, his surviving scumbag dependants can/ may be looking for leverage for their respective cases. If you think no one is going to look you are in denial. That applies to any knives on your person make sure they are legal. It is not tv where everyone shows up and is glad you are okay. Officers respond and in this day and age everyone is a potential risk. You will all be secured in some manner until the crime scene commander (Lt/ Captain/ Detective) starts deciding what is going to happen.

Sent from my SM-G928P using Tapatalk
 
Dennis in MA said:
I'm not clear what they arrested him for in the first place. Enough burden of proof to get an arrest warrant? How does that turn up? Someone dropped dime, I guess. (trivia: Massachusetts was the last state to raise the price of a pay phone call from 10c to 25c.)
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Google the poor bastards name
 
BriMac said:
Google the poor bastards name
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So he left the guns at a female friends house and she didn't like it. New P-Mags in their wrapper are pretty easy to say they're post ban. But again mags wernt his holy charge and it's just a charge added after the fact.
 
Send all your pre-ban mags to me, I will sort them out, dispose of the ones you should not have, and send you back the ones that are ok. [smile]
 
I'm going to throw it out there and say if you're using preban esque mags, while illegal, isn't going to get you in significant trouble. I mean, if we can't enforce the laws on the books for people involved in killing others with a firearm you're going to get off on your mag charge if it's running solo. With that said- make sure all your mags are metal and use your headspace, going to the range with a bunch of 30rd pmags is just asking for a problem.
 
Dennis in MA said:
I'm not clear what they arrested him for in the first place. Enough burden of proof to get an arrest warrant? How does that turn up? Someone dropped dime, I guess. (trivia: Massachusetts was the last state to raise the price of a pay phone call from 10c to 25c.)
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If you were Sully (0:35) it was always 25 cents.... even back in the 80s. [rofl]



-Mike
 
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Sawicki1991 said:
I don't believe anyone had been solo charged with High cap mags in mass. Usually they add th charge onto others like not have a ltc or similar.[/QUOTE

Agree. I've only seen that charge in conjunction with other changes. ''This below from WorcesterPD is typical.

"Mr. Valdez was charged with Possession of a High Capacity Firearm, 2 Counts of Possession of a High Capacity Magazine, Possession of Ammunition without an FID Card, Possession of a Firearm without a License, Possession of a Firearm while in the Commission of a Felony, Improper Storage of a Firearm, Trafficking in Heroin Between 28-99 Grams, and Possession of a Class B Substance."
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Enzo said:
Sawicki1991 said:
I don't believe anyone had been solo charged with High cap mags in mass. Usually they add th charge onto others like not have a ltc or similar.[/QUOTE

Agree. I've only seen that charge in conjunction with other changes. ''This below from WorcesterPD is typical.

"Mr. Valdez was charged with Possession of a High Capacity Firearm, 2 Counts of Possession of a High Capacity Magazine, Possession of Ammunition without an FID Card, Possession of a Firearm without a License, Possession of a Firearm while in the Commission of a Felony, Improper Storage of a Firearm, Trafficking in Heroin Between 28-99 Grams, and Possession of a Class B Substance."
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Again, likely NOT an AWB charge.

I know I keep harping on it this distinction is important, because having an LTC immunizes you from the charge that most of these unlicensed people are getting that you see in the news. LCAFD without a License and an AWB violation are two separate felonies under MGL. Theoretically they could probably charge a lot of these people with both but most of the time they don't even bother, because the standard of evidence is a lot easier for the first one.

-Mike
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It's very interesting to me that no one has been charged for violating the AWB as a solo charge. We've had this law on the books for such a long time and it's only used as a tack on charge mostly.
 
jkoj said:
It's very interesting to me that no one has been charged for violating the AWB as a solo charge. We've had this law on the books for such a long time and it's only used as a tack on charge mostly.
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A long ass time ago the closest thing I've seen related to it is that Scrivener (before he was banned here) referenced that he had a client that got hit with both AWB and LCAFD charges because he was running his mouth near the water cooler about how he sold gun parts online or some BS. Never was able to get any more details out of it or disposal of the case.

On the other hand, a small bird showed me some detailed testimony from douche LEO that was loaded for bear to "get" someone on an AWB charge (guy had pretty intimate knowledge of provenance of some magazines, or at least enough to be convincing to a layperson) but I don't think most LE in MA really cares about that stuff. Even then though that wasn't the core reason the person was in court. I don't know how that case ended though, either.

A big problem with a lot of these cases in terms of doing research, is that the AWB charges often get dropped or the whole thing gets plead out. So you don't actually see whether or not the defense's logic would stand up in front of a judge or jury. It's difficult to get real world data on this issue because of the relative obscurity of the entire thing.

I will say this though is you will rarely see an AWB as a solo charge anyways because something else has to give the LEO a segue to investigate your gear. Even on 209As most cops dont give a shit, they just steal the guns, inventory the crap and hand people a receipt. of course there are exceptions... like that issue with the guy in Gardner and his magazines, that Comm2A is working on now. Not necessarily an AWB case/charges but similar vein, PD is withholding some guys mags saying "they might not be legal" or some bullshit like
that.

-Mike
 
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AGREED.I always carry my large capacity guns with large capacity mags.Thats why I purchased the large capacity handguns for in the first place.
 
drgrant said:
If a LEO is looking at your gun to that degree you're probably going to jail for something else, frankly. I've never heard of this, not even when someone was disarmed by a true barney fife type for acting retarded and declaring when they got pulled over. [red]Obviously if your gun gets confiscated for something (say an SD incident, a 209A, etc) it might be subjected to a higher level of scrutiny if the LEO/investigator is a dick. [/red]It's worth noting that in most of these cases too these hits are likely to be "LCAFD without a license" charges (which is an easy-bag felony) and not that AWB felony charge which is much harder for them to prosecute. -Mike
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One of the lawsuits that is pending against Gardner (IIRC) alleges (among other things) that the PD failed to return preban magazines that were seized when an individual's LTC expired as a result of the department's practices with respect to the renewal practice. There was also a poster on this board, recently, who claimed to have a friend in an unnamed town in a similar predicament (mag seized/ not returned) because the LEO was unsure of its status.
 
jkoj said:
It's very interesting to me that no one has been charged for violating the AWB as a solo charge. We've had this law on the books for such a long time and it's only used as a tack on charge mostly.
Click to expand...

Untrue.

fbirdquik6 said:
Yes they have been, firearms and magazines seized due to a 209a are all inspected.
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Correct and I'm aware of one case where upon the 209A being vacated they checked guns and mags prior to returning them and then filed AWB and LCFD charges against the guy (no other legal issues involved). No idea how it all played out however.
 
Len-2A Training said:
Untrue.



Correct and I'm aware of one case where upon the 209A being vacated they checked guns and mags prior to returning them and then filed AWB and LCFD charges against the guy (no other legal issues involved). No idea how it all played out however.
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This is the problem. Is you get a case and its get pled out. Im going to take a guess and say that over the 22 years of the AWB a few have fallen victims to this But its very very rare.
 

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