This week's "Sure. You go first." stupid Massachusetts hypothetical

[Toast]

There are two laws. "LCAFD without a license" (which any ltc holder is exempt from) and the assault weapons ban. The AWB is more intricate.

True, but in the AWB case, I do believe that the magazine needs to be attached to or partially inserted into the firearm.

Edit: Eh, 131(m) would seem to argue against that.

 

[pastera]

Yes, yes it would function, A CZ 75 in 9 and .40 share the same exact mag, 9mm will also feed and function out of a .40 glock mag . So the question still stands

Then the answer is that for those magazines you would get to discuss the intricacies of the law with a rabid prosecutor in front of a Judge and jury.
If you have something like the magazine from the below link and it isn't currently loaded with 9mm, you will very likely beat the wrap. But if a cop with a hair across his ass decides to trump up a charge, your mileage may vary.

CZ 75B / 85B / SP-01 / SHADOW / SHADOW 2 .40 S&W 10-ROUND - Mec-Gar USA Inc - Firearm Magazines

If you are looking for a magazine for your CZ 75B, 85B, SP-01, Shadow, Shadow 2 pistol, choose the magazine manufacturer that is the most trusted in the industry.

mec-gar.com

If you have a CZ in 40 that magazine is clearly marked as 40 cal and limited to 10 rounds of the correct ammo.
If you're found with that same mag in a 9mm CZ then you are going to have issues trying to explain how it doesn't fall under the AWB.

For an AR platform magazine, you are going to have to overcome a higher hurdle

AR-15 Magazine - 7 Rounds - .458 SOCOM - Lancer L5 AWM

AR Style Magazine, .458 SOCOM, 7 Round, Polymer | Lancer L5 AWM

shopwilsoncombat.com

Take a look at the mage body - it is clearly marked at the 20 round mark.
Will a judge allow into evidence the mods the company makes to allow better feeding of .375 SOCOM?
Probably but he will also allow evidence showing the magazine will also feed 223/5.56 even if it sucks at it.

 

[drgrant]

Bottom line is people need to decide how much of a pant shitter they’re going to be. Those who are scared of their own shadow might want to stick to an O/U shotgun, a revolver or a bolt gun.

There’s no “easy button” for this. well, actually there is one:

“-Get out of mass”

 

[AMV]

Then the answer is that for those magazines you would get to discuss the intricacies of the law with a rabid prosecutor in front of a Judge and jury.
If you have something like the magazine from the below link and it isn't currently loaded with 9mm, you will very likely beat the wrap. But if a cop with a hair across his ass decides to trump up a charge, your mileage may vary.

CZ 75B / 85B / SP-01 / SHADOW / SHADOW 2 .40 S&W 10-ROUND - Mec-Gar USA Inc - Firearm Magazines

If you are looking for a magazine for your CZ 75B, 85B, SP-01, Shadow, Shadow 2 pistol, choose the magazine manufacturer that is the most trusted in the industry.

mec-gar.com

If you have a CZ in 40 that magazine is clearly marked as 40 cal and limited to 10 rounds of the correct ammo.
If you're found with that same mag in a 9mm CZ then you are going to have issues trying to explain how it doesn't fall under the AWB.

For an AR platform magazine, you are going to have to overcome a higher hurdle

AR-15 Magazine - 7 Rounds - .458 SOCOM - Lancer L5 AWM

AR Style Magazine, .458 SOCOM, 7 Round, Polymer | Lancer L5 AWM

shopwilsoncombat.com

Take a look at the mage body - it is clearly marked at the 20 round mark.
Will a judge allow into evidence the mods the company makes to allow better feeding of .375 SOCOM?
Probably but he will also allow evidence showing the magazine will also feed 223/5.56 even if it sucks at it.

Or it would be as simple as application, The law would be applied as to how the magazine is used.
Similar to a high cap mag with a block in it, It is still a high cap, just can’t hold more than 10 at that time
You can live in fear of the alternative if you choose, and state the worst case scenario as fact. But in my experiences where I am from most MOST Leo’s are reasonable people.

Not sure what you would need to do to be in a situation to be treated otherwise if your minding your own business

 

[drgrant]

I don’t even think that’s a great assumption anymore in this state. Particularly not when something big happens etc. But I also refuse to go full on pant shitter as well, the mental state of “being panicky” can cause worse problems than may exist in reality. Sure, know the law. Try to get an understanding of how it might be applied but also understand what you get in reality might be a total crap shoot.

Reality: “Safety not guaranteed.”.


View: https://youtu.be/SsOJuDX8nr4

 

[pastera]

Or it would be as simple as application, The law would be applied as to how the magazine is used.
Similar to a high cap mag with a block in it, It is still a high cap, just can’t hold more than 10 at that time
You can live in fear of the alternative if you choose, and state the worst case scenario as fact. But in my experiences where I am from most MOST Leo’s are reasonable people.

Not sure what you would need to do to be in a situation to be treated otherwise if your minding your own business

Each person needs to act to the level of their own risk acceptance.

The law is quite clear that the device is judged on capability not application.

Most cops are just doing their job, wanting to get home and collect a pension. They aren't cutting you a break if it could possibly put that at risk

 

[AMV]

The law is quite clear that the device is judged on capability not application.

Most cops are just doing their job, wanting to get home and collect a pension.

There is a good reason there are very few if any case hear in MA where some one had to defend them selfs to a jury against a “rabid”prosecutor regarding a stand alone questionable high capacity magazine charge.
If you can point me to one I would love to review it.

 

[drgrant]

There is a good reason there are very few if any case hear in MA where some one had to defend them selfs to a jury against a “rabid”prosecutor regarding a stand alone questionable high capacity magazine charge.
If you can point me to one I would love to review it.

There are numerous non-shooting cases that involve postban LCAFD charges. The problem is whenever I have seen them it is extremely difficult to find out how these cases were disposed it's obvious in some cases charges just got dropped or cwofed out or whatever..... or if somebody sucked for a plea they ended up getting convicted of something that was easier to convict them for.... @nstassel has mentioned these charges do happen.... whether they are successful or not is another story.

 

[AMV]

There are numerous non-shooting cases that involve postban LCAFD charges. The problem is whenever I have seen them it is extremely difficult to find out how these cases were disposed it's obvious in some cases charges just got dropped or cwofed out or whatever..... or if somebody sucked for a plea they ended up getting convicted of something that was easier to convict them for.... @nstassel has mentioned these charges do happen.... whether they are successful or not is another story.

Sure, most are add on charges, many are dropped, I know of none that have gone to a jury trial, for just a magazine charge

 

[drgrant]

Sure, most are add on charges, many are dropped, I know of none that have gone to a jury trial, for just a magazine charge

That's because a cwof / plea deal isn't going to happen if it goes that far. And most of the time, most people with stuff to lose end up pleading out. Plea/CWOF deals are the daily gravy boat of ma prosecutors, particularly with nonviolent crimes. One thing you won't see in the local papers if some like boring white guy pleads out to a felony and essentially eats a felony charge with no jail time. So all of that shit happens under a "cloak of darkness" . I got to see a court transcript that had testimony from an obviously anti gun cop from a dump city that claimed to know (to some degree) how to identify those magazines and the guy was literally putting on a dog and pony show for the judge. It was convincing enough that any normie would suck for it unless balanced off. Unfortunately I wasn't able to discern the outcome of that case because the source that showed it to me couldn't get into details....

 

[nstassel]

There are numerous non-shooting cases that involve postban LCAFD charges. The problem is whenever I have seen them it is extremely difficult to find out how these cases were disposed it's obvious in some cases charges just got dropped or cwofed out or whatever..... or if somebody sucked for a plea they ended up getting convicted of something that was easier to convict them for.... @nstassel has mentioned these charges do happen.... whether they are successful or not is another story.

The issue is that the two potential charges, AWB MGL ch. 140 s 131M and LCFD MGL ch. 269 s 10(m) (if a person is unlicensed) are both ten year felony offenses that lack district court jurisdiction. So the DA really has to want to incarcerate someone to bother with indictment and generally those cases die on the vine without really being prosecuted. MGL ch. 218 s 26.