What happens to anyone possessing a pre-ban glock hi-cap magazine?

cjmass

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I am not a LEO but was talking with a small town LEO about pre-ban glock mags and asked what happens when they find someone in possession of a pre-ban hi-cap glock mag. I was shocked when he told me that they don't care whether it is pre-ban or not and that anyone found in possession of a hi-cap glock mag would have it seized and they would be arrested/charged with a violation and the case would go to the court/DA. It would then be up to the person to prove that it was a pre-ban mag in court. (Although I thought that the burden of proof would be on the police/prosecution to prove it was post ban and prohibited.) If this is accurate and reflects how other LEO departments handle possession of glock hi-cap mags, then anyone possessing per-ban glock mags is in jeopardy of being charged and is taking a huge risk possessing any. Is this how other LEO departments handle possession of glock hi-cap mags?
 
You all are assuming that the police follow the Constitution and not policy.

The guys who film, in public, are regularly arrested. The city/town then pays out and the very next day arrest them again for the same thing. Case on point, Manchester NH; I read of at least twice the same guy was arrested for the same thing and the city paid out over half-a-Million total.

How many times have police been cleared for ‘following policy’?

I don’t believe they all do it, but I would bet if most police departments are doing an investigation and find you in possession of a gun, they are going to arrest you - charges to follow. The catch all will be ‘resisting’ ‘disturbing the peace’ stuff like that until they come up with something else or cut you loose.
 
If this were true why have there been no arrests? Every incident I hear about the High Capacity magazine charge is added on to multiple other charges. Among the other charges is usually no permit at all, never mind a class A.

This sort of “I herd this guy say that” just leads to more internet paranoia. When I hear an actual news story of a MA class A LTC gun owner arrested for his High Capacity mag (pre or post ban) with no other charges at all then I will become concerned. Until then I have better things to worry about.
 
Part of the problem is that the LEO told me that if there was an incident in which you used your Glock with a hi-cap pre-ban mag for self defense, you would be charged for illegal possession of a hi-cap mag, and would then have to prove to the court that it was pre-ban. How would you do that?
 
Not shocked at all. This is exactly what I would expect. You'll get column A or column B cop.
Column A cop is going to go after you regardless of the mag. He doesn't care and will let it get sorted out later.
Column B cop is not going to care and will ignore the mag regardless of what it is.

In MA I'd expect more column A cops. I doubt you breaking out your "Glock pre-ban mag image compilation" is going to give him any pause.

Cops aren't going to sit there and play "hmm, this is an example of an early U-Notch, a fine vintage; you're free to go."
 
Part of the problem is that the LEO told me that if there was an incident in which you used your Glock with a hi-cap pre-ban mag for self defense, you would be charged for illegal possession of a hi-cap mag, and would then have to prove to the court that it was pre-ban. How would you do that?
He's got it backwards, they'd have to prove it's post-ban. But I don't expect a cop to care when it comes to arresting you; he'll let the courts sort it out later. In MA I'd expect the marsupial courts already be stacked against you but there was the guy with the AK mags that got off a few years ago.
 
You all are assuming that the police follow the Constitution and not policy.

The guys who film, in public, are regularly arrested. The city/town then pays out and the very next day arrest them again for the same thing. Case on point, Manchester NH; I read of at least twice the same guy was arrested for the same thing and the city paid out over half-a-Million total.

How many times have police been cleared for ‘following policy’?

I don’t believe they all do it, but I would bet if most police departments are doing an investigation and find you in possession of a gun, they are going to arrest you - charges to follow. The catch all will be ‘resisting’ ‘disturbing the peace’ stuff like that until they come up with something else or cut you loose.


That settles it, I gotta take a road trip to Manchester and start filming the cops.
 
He's got it backwards, they'd have to prove it's post-ban. But I don't expect a cop to care when it comes to arresting you; he'll let the courts sort it out later. In MA I'd expect the marsupial courts already be stacked against you but there was the guy with the AK mags that got off a few years ago.

The prosecution trots out their “firearm expert”, who is likely just the department’s armorer who has taken a Glock armorer course. He says it is a post-ban mag. If you have enough money and a smart attorney, you hire your own expert who says you can’t tell whether it is pre or post ban.

Then the judge convicts you because guns.
 
The prosecution trots out their “firearm expert”, who is likely just the department’s armorer who has taken a Glock armorer course. He says it is a post-ban mag. If you have enough money and a smart attorney, you hire your own expert who says you can’t tell whether it is pre or post ban.

Then the judge convicts you because guns.
That's about what I'd expect. I'm really puzzled by OP's claim he was "shocked." I don't know what he was expecting. Cops aren't in the business of determining post/pre-ban. If Glock's own employees claim they can't make the determination, how is Joe Patrolman going to do it? They'll either ignore the mag regardless of status or arrest for the mag regardless of its status and have the charges get dropped/reviewed later.

The guy that got charged with the AK mags--they were Warsaw Pact steel ones, not anything really dubious. First time around he was convicted, since he admitted HE didn't own them in 1994, then they appealed that there was no evidence submitted that ANYONE possessed them lawfully in 1994, and that's when the charges were either dropped or not contested again.

In the end, the "safest" route is ten and under rounds. With pre-bans it's a calculated risk that may or may not be worth it for any given individual (which is dumb, but what I would expect). Although for anyone using a gun in self-defense in MA I expect a world of hurt either way.
 
Your cop has it all wrong.

I know people who attended Chief Gliddens class last week and they said the opposite of your story.

Cops default to what Glidden says on these matters.

Glock pre ban hi caps are carried by all Glock owners. Nobody is getting arrested and thrown in jail for it.
 
The prosecution trots out their “firearm expert”, who is likely just the department’s armorer who has taken a Glock armorer course. He says it is a post-ban mag. If you have enough money and a smart attorney, you hire your own expert who says you can’t tell whether it is pre or post ban.

Then the judge convicts you because guns.
And don't forget that details of the arrest will definitely make the news. Especially a felony weapons arrest. Your photo and name will be published by the liberal media. If the boss catches word of it, goodbye job! I have a number of trouble making. a**holes for co-workers who would run to HR with that type of information in a New York second.
 
Well,I’m glad he’s just concerned with Glocks and ore bans. No worries for me with my other pre bans
 
They have to prove your guilt..... I don’t care if it cost 10k a mag to get them back.... Noones keeping my shit without a conviction....
Easy to say when you are not faced with "$10K retainer to move forward, they are prosecuting on every technical detail they can find, and the courts punish people who do not take the plea deal or CWOF and get convicted very severely, and you will probably need to refresh that retainer as the case moves on; if you take the CWOF and let them keep the mags you do not risk becoming a state and federal PP". Maybe you are one who will risk it all and stand on principle; maybe you are not. No one can know for sure until they are actually in the meat grinder and lady justice is turning the handle.
 
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For the most part, the deal is "LTC - have a nice day, NO LTC - they haul you in". The reason to avoid carry of not obviously pre-ban mags is that no effort will be spared looking for something to nail you on if you are involved in a tactical situation, no matter how justified. They'll probably even make sure you weren't illegally parked at the time :mad:
 
I’ve faced jury trial more then once ..... my new thing is I have some amazingly cheap (and shitty) lawyers and if you represent yourself and lose your f***ed.... but hiring an incompetent lawyer on purpose is a valid legal strategy.
 
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