" (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 ?
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 ?
