Shotgun capacity limits in MA?

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I'm trying to understand what the limits are for shotgun tube magazines in MA. From my understanding of the law, it should be 5 rounds or less (post-1994), but I've seen reputable shops selling higher capacity shotguns. Can anyone explain to me how that works?

“Large capacity feeding device”, (i) a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells; or (ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31) as appearing in such section on September 13, 1994. The term “large capacity feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber ammunition.
No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment. The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.
 
This is what makes it legal:

The term “large capacity weapon” shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, rifle or shotgun and shall not include: (i) any weapon that was manufactured in or prior to the year 1899; (ii) any weapon that operates by manual bolt, pump, lever or slide action; (iii) any weapon that is a single-shot weapon; (iv) any weapon that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity weapon; or (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity weapon.
 
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I'm not a lawyer, but that doesn't make sense to me.

If you've got a shotgun with a 7 round tube magazine, wouldn't the tube be a "large capacity feeding device" even if the shotgun is not a "large capacity weapon"?
 
I'm not a lawyer, but that doesn't make sense to me.

If you've got a shotgun with a 7 round tube magazine, wouldn't the tube be a "large capacity feeding device" even if the shotgun is not a "large capacity weapon"?

According to the ATF during the Federal AWB, no. If this applies to MA seems a little grey.
 
I'm not a lawyer, but that doesn't make sense to me.

If you've got a shotgun with a 7 round tube magazine, wouldn't the tube be a "large capacity feeding device" even if the shotgun is not a "large capacity weapon"?

IANAL, but from what I understand, it is legal to have high capacity feeding devices built into non-semiautomatic firearms.
 
From my understanding of the law, it should be 5 rounds or less (post-1994), but I've seen reputable shops selling higher capacity shotguns. Can anyone explain to me how that works?

You are correct. We discussed it in this thread.

http://www.northeastshooters.com/vb...un-Capacity-Questiions-in-Massachusetts/page2

According to the ATF during the Federal AWB, no. If this applies to MA seems a little grey.

In general when it comes to Mass. AWB issues I'm a firm believer that one should cling to the old federal standards. This is one area where the federal standard does not come into play. Under the Fed AWB, the magic number for a large cap mag was 10 rounds, in Mass. for a shotgun, it's 5.
 
In general when it comes to Mass. AWB issues I'm a firm believer that one should cling to the old federal standards. This is one area where the federal standard does not come into play. Under the Fed AWB, the magic number for a large cap mag was 10 rounds, in Mass. for a shotgun, it's 5.

As much as I'd like to, I can't really come up with an argument otherwise from the law as-written.[thinking] This more or less torpedoes my desire to own a shotgun any time soon.
 
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