Who gets in trouble if...?

[FMJacket]

I have a couple of questions that maybe you folks can give me some guidance with. When I refer to "high cap mags", I'm talking about post-ban mags that are +10 rounds.

1) Suppose a MA resident goes to NH and buys a high cap mag and takes it back into MA. Can the person who sold the mag in NH get in trouble? In other words, is it the sole resposibility of the buyer to ensure that his local laws are followed?

2) Suppose a person from out of state sells to someone from MA and ships them a high cap mag directly into MA. Can the person who sold the mag get in trouble? Once again, is it the sole responsibility of the buyer to ensure that his local laws are followed?

3) Are FFL holders in MA able to possess high cap mags for sale to LEO or to out of state residents?

4) If so, suppose an out of state resident or FFL sells a pistol with high cap mags to a MA resident and ships it to an FFL in state for transfer to a MA resident. Is it the responsibility of the MA FFL doing the transfer to ensure that the buyer is legally allowed to own the pistol and mags? Would the out of state seller or shipping FFL get in trouble as well if the in state FFL violated the law and transfered the pistol with high cap mags to the buyer?

Thanks in advance for all your help!

 

[Twigg]

I have a couple of questions that maybe you folks can give me some guidance with. When I refer to "high cap mags", I'm talking about post-ban mags that are +10 rounds.

1) Suppose a MA resident goes to NH and buys a high cap mag and takes it back into MA. Can the person who sold the mag in NH get in trouble? No. In other words, is it the sole resposibility of the buyer to ensure that his local laws are followed? Yes

2) Suppose a person from out of state sells to someone from MA and ships them a high cap mag directly into MA. Can the person who sold the mag get in trouble? Depends on which state. Once again, is it the sole responsibility of the buyer to ensure that his local laws are followed? Yes.

3) Are FFL holders in MA able to possess high cap mags for sale to LEO or to out of state residents? Yes, but few - if any - do.

4) If so, suppose an out of state resident or FFL sells a pistol with high cap mags to a MA resident and ships it to an FFL in state for transfer to a MA resident. Is it the responsibility of the MA FFL doing the transfer to ensure that the buyer is legally allowed to own the pistol and mags? Possibly, they could get dinged with a $5,000.00 fine. Would the out of state seller or shipping FFL get in trouble as well if the in state FFL violated the law and transfered the pistol with high cap mags to the buyer? Again, culpability out of state source depends on which state.

Thanks in advance for all your help!

My responses in Red. 99% sure I'm right.

Iffin' I'm wrong we'll both find out soon enough.

 

[FMJacket]

thanks.

In what way does it depend on the state? Suppose they were coming from a non-neighboring state that doesn't have any restrictions on mag capacity?

 

[Twigg]

thanks.

In what way does it depend on the state? Suppose they were coming from a non-neighboring state that doesn't have any restrictions on mag capacity?

States which may or may not still be under the AWB and or more restrictive (Hard to believe, I know.) laws.

It comes down to YOU knowing the laws. Unless you specify which state you live in and which state someone might be sourcing them from we can't help you.

BTW, welcome to the forum.

 

[jdubois]

My responses in Red. 99% sure I'm right.

Iffin' I'm wrong we'll both find out soon enough.

Nope, you basically got it.

FFLs have a responsibility to follow all state laws on firearm and magazine sales, so no matter what state they're in they are legally liable for selling a MA resident a mag they cannot possess in their
state. This is not true for private sales. FFLs in MA are legally allowed to possess postban large caps, but cannot sell them to you without committing a felony.

If you are a MA buyer, none of this would absolve you of illegally possessing a large cap mag.

If you are an out of state seller, I would recommend not selling post ban mags to MA residents, even if it may not be your legal responsibility to police your buyers.

 

[Twigg]

Nope, you basically got it.

<snip>

Thanks and a Tip O'the Stetson™

 

[Pete85]

3) Are FFL holders in MA able to possess high cap mags for sale to LEO or to out of state residents?

They can possess them for sales to police, but not to non-residents. Even non-residents cannot even possess (post-ban) hi-cap mags in MA. Only exception being someone traveling from a state where they can legally possess hi-cap mags, to a state where they can legally possess high cap mags, and they must stay locked in the trunk or other secure container for the duration of the trip through MA.