MassCops - Massachusetts Law Enforcement Network, A Mass Police Web Portal

Massachusetts Law Enforcement Network

Massachusetts Police News, Information and Discussions on MassCops

Pages: 1

Main Page High Capacity Magazine
(Click here to view the original thread on the MassCops Message Board)

Posted by: anesthes

" (a) A Class A license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry: (i) firearms, including large capacity firearms, and feeding devices and ammunition therefor, for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority deems proper; and (ii) rifles and shotguns, including large capacity weapons, and feeding devices and ammunition therefor, for all lawful purposes; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as it deems proper. A violation of a restriction imposed by the licensing authority under the provisions of this paragraph shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000; provided, however, that the provisions of section 10 of chapter 269 shall not apply to such violation."

So, as clearly stated, a Class-A license gives you the right to carry a large capacity firearm, and feeding device (magazine).

However, at the bottom:

"(q) Nothing in this section shall authorize the purchase, possession or transfer of any weapon, ammunition or feeding device that is, or in such manner that is, prohibited by state or federal law."

Ok, Ok. So now the state law:

"Section 131M. 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"

Ok.. Define "lawfully possessed?". If you got a class-A license this morning, you obviously couldn't possibly lawfully possess a high capacity feeding device YOURSELF prior to 1994.

To me, this seems vague and unenforceable. If the law is read as possessed by the license holder, than half of us are in violation.

I think, since the federal ban is gone, this local state ban as written is unenforceable.

Besides, magazines are not even serial numbered. How the heck would we even know if a person has a pre-1994, or post-1994 high cap magazine?

-- Joe

Posted Tue Oct 19, 19:03:

...and.

"Whoever not being licensed under the provisions of section 122"

Which looks to me that, if you have a license under section 122 you can possess a
large capasity feeding device ?

Posted by: mpd61

Okay,

1. The state laws are still in effect and enforceable.

2. You can legally purchase "pre-ban" high capacity magazines in this state with a Class "A" LTC. How do you tell if it's preban?It will NOT say "RESTRICTED: export, law enforcement and government use only" Many older pre-ban magazines are available here in Massachusetts at retailers and gun shows, albeit commanding premium prices.

good link for mass gun laws is www.fsguns.com

Posted by: anesthes

Quote:

Originally Posted by mpd61 @ Wed Oct 20, 11:13

Okay,

1. The state laws are still in effect and enforceable.

2. You can legally purchase "pre-ban" high capacity magazines in this state with a Class "A" LTC. How do you tell if it's preban?It will NOT say "RESTRICTED: export, law enforcement and government use only" Many older pre-ban magazines are available here in Massachusetts at retailers and gun shows, albeit commanding premium prices.

good link for mass gun laws is www.fsguns.com

The state law, as I pasted above, doesn't seem to enforce anything.

ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops

About MassCops, the home for Massachusetts law enforcement.

The Massachusetts Law Enforcement Network opened in 1998 and is now a part of the New England Police Network The site is a pro-police discussion forum intended for sworn police officers and civilian law enforcement officials as well as those interested in pursuing a career in law enforcement here in Massachusetts.

The goal of The Massachusetts Law Enforcement Network is to provide an informal network of law enforcement officials here in Massachusetts for educational and informational purposes.

The forum covers many topics such as Police Related News Articles, Agency & Profession Discussions, Police Training as well as Law Enforcement Career Information.

The Massachusetts Law Enforcement Network and The New England Police Network (NEPN) and it's network sites are privately owned websites/domains and are not affiliated with or endorsed by any government association or agency.

MassCops (masscops.com) and (masscop.com) are privately owned are not affiliated with or endorsed by the Massachusetts Coalition of Police (masscop.org)

3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 49 50 53 54 55 56 57 58 59 60 61 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 98 99 100 101 102 103 104 105 106 107 108