Section 131M.....Are High Cap mags ok in MA for Retired LE? | MassCops

Section 131M.....Are High Cap mags ok in MA for Retired LE?

Discussion in 'Firepower!!!' started by msw, Feb 14, 2018.

  1. msw

    msw MassCops Member

    I just re-read Section 131M and pursuant to the second paragraph (the "exemptions") it would seem - just by reading it and interpreting it in "plain English" - that large capacity mags are ok for cops and retired cops. (It would also seem to allow them to possess assault weapons.) Anyone have experience how/if these exemptions might legally apply to an out of state active (not on duty) cop, or an out of state retired cop visiting MA with a more than 10 round mag in his LEOSA-carried gun? The language in the second paragraph certainly seems broad enough to cover any cop or retired cop from MA or any other state, but.......... ??????? Thoughts?

    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...................


    The provisions of this section shall not apply to: (i) the possession by a law enforcement officer; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.
     
  2. MiamiVice

    MiamiVice MassCops Member

    Good 2 go

    Sent from my SM-G955U using Tapatalk
     
  3. USM C-2

    USM C-2 MassCops Member

    So when I move back I can bring my M-4 with optics, hi-cap mags, and all the other frippery that makes it more killy?
     
  4. mpd61

    mpd61 Retired Fed, Active Special

    As a certified LEOSA instructor, MPTC police instructor, MSP civilian instructor, and " student of the gun" I would say yes!!!


    But just don't ask Ron Glidden or his "sister against arms" Maura Healy.......they both shit themselves
     
    brk120, Johnny Law, Goose and 2 others like this.
  5. msw

    msw MassCops Member

    Thought I would post a bit of an update on this........

    I made a few calls and eventually, after a few "I don't knows", a couple phone transfers and a bit on hold, got to someone at the Firearms Record Bureau who identified as an attorney there. What this person said was that their understanding, from "discussions" at various "meetings", was that the exemptions in Section 131M only applied to on-duty MA law enforcement officers, and retired MA Officers whose weapons and/or high capacity magazines were actually given to them upon retirement by their Dept! (Huh??!!) I pointed out that the exemption in 131M did not specifically say anything like that, and that the terms - as written in plain English - certainly seemed broad enough to include law enforcement officers and retired law enforcement officers from anywhere in the USA. Their response was essentially........ yeah but, they don't see it that way...... they believe the exemptions only apply to on duty MA law enforcement officers, and retired MA Officers whose weapons and/or high capacity magazines were given to them upon retirement by their Dept. So I asked if they had that interpretation anywhere in writing, like an AG Opinion on the matter, etc; and the answer was No. Hmmmmm........ The attorney was very nice and certainly understood the point I was making - that a plain reading of the English language text of that exemption in that section would indicate it should apply to a cop or retired cop from anywhere in the USA - but would only say that the FRB didn't see it that way (based on their "discussions"). When I asked if they had any idea of the "intent of the legislature" when this law was amended and the exemptions added (in 2014, I think?), the answer was "no" and they had no way of knowing.

    So........... I would caution out of State cops or retired out of state cops that, despite the plain English in the exemptions in 131M, it probably ain't a good idea to bring these items into the Commonwealth of Massachusetts....... unless you want to risk being the "test case"! For me, as I've done many times in the past, I'll just take either my little 2" bbl 5 shot S&W .38 revolver or my compact 8 shot S&W M3913 9mm when I visit MA.......... because I certainly don't want to be the test case!
     
    Ghost12345 likes this.
  6. mpd61

    mpd61 Retired Fed, Active Special

    MSW-herein lies the danger of calling CHSB/ Public Safety/ AG's office and those famous for allegedly interpreting what the Mass Legislature CLEARY worked out in the MGL's. ANYBODY who knows how hard and how well both sides worked out the latest guns laws for Mass in 2014, only to see Maura Healy overstep and misinterpret them can see this.
    If enough well meaning info-seekers keep poking the bear with these questions, you're going to see a letter from Maura and/or Herr Glidden saying this section doesn't apply as it was intended by the legislature..........it's coming.
    BTW- google LEOSA prosecutions and there are over eight+ cases and the individuals all got cleared, even in NYC and New Jersey.
     
    Goose and CCCSD like this.
  7. Oakum yokum

    Oakum yokum MassCops Member

    Except if you try to carry on a plane...
     
    mpd61 and CCCSD like this.
  8. mpd61

    mpd61 Retired Fed, Active Special

    Yeah and what stoopid ass would try that?o_O
     
  9. CCCSD

    CCCSD MassCops Member

    SSPO..?:eek::D
     
    mpd61 and Goose like this.
  10. Goose

    Goose The list is long but distinguished. Staff Member

    Fuck...
     
    mpd61 likes this.

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