User Panel
User Panel
User Panel
|
Posted: 10/15/2016 1:05:35 PM EDT
[#1]
Quoted:
The law is clear as mud, can I as a private seller be liable or is the buyer responsible for complying? Supposedly pre ban high cap mags are legal but maybe only if they were acquired before the state ban. In general there's nothing to be done to an out of state actor, unless you're part of an ongoing criminal conspiracy. I'm sure some prosecutor could trump something up if they really wanted you, for some reason, but I'm also pretty sure they wouldn't bother, and certainly no one ever has bothered before. |
|
|
|
Posted: 10/15/2016 1:13:12 PM EDT
[#2]
It's on the buyer in a private sale.
If you were a commercial vendor it would be different, especially now with their tyrant of an AG. I sent my friend stuck there a couple of pre-bans that I bought when a MA resident. Cheers! -JC |
|
|
|
Posted: 10/15/2016 1:30:12 PM EDT
[#3]
Thought pre-'94 mags of any size were legal in Taxachussets. Thought they were the last place behind enemy lines we could still send 'em.
|
|
|
|
Posted: 10/15/2016 4:17:08 PM EDT
[#4]
Answering a lawsuit in Federal Court is not cheap.
If you fail to answer you lose. |
|
|
|
Posted: 10/15/2016 10:21:24 PM EDT
[#5]
The buyer is responsible for complying with the law. The law restricts the possession of a magazine larger than 10 rds. The possessor must also have the correct License to Carry. Last I knew, there was no law restricting the sale of the magazines, just the possession. You are in the clear as the seller.
|
|
|
|
Posted: 10/16/2016 2:17:34 PM EDT
[#6]
Quote HistoryQuoted:
The buyer is responsible for complying with the law. The law restricts the possession of a magazine larger than 10 rds. The possessor must also have the correct License to Carry. Last I knew, there was no law restricting the sale of the magazines, just the possession. You are in the clear as the seller. Now pay to show a court you are "in the clear." |
|
|
|
Posted: 10/16/2016 3:05:15 PM EDT
[#7]
http://www.ar15.com/forums/t_8_55/606171_.html
Crossposted in the Taxachusetts forum, so maybe we'll get an actual answer. |
|
|
|
Posted: 10/16/2016 9:07:40 PM EDT
[#8]
Nothing in MA state law that says that they had to be acquired IN state before the ban for them to be legal. Any magazine made before 9/13/94 is good to go. As long as your sending true pre ban mags I don't see you having a problem.
Date stamped mags are the most sought after because there is not doubt on when they were made. Glock mags, although not dated, are also easy to date based on certain characteristics. In my experience some cops (NOT ALL) are not versed in firearms. If they want to take you in for having an undated hi-cap mag they will. The courts will sort it out.. Obviously anything marked LEO/MIL was made during the ban therefore not wise to send to a civilian. LEOs are exempt from all this and our AWB. 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.
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. MA General Laws Chapter 140 Section 131M |
|
|
|
Posted: 10/16/2016 9:16:02 PM EDT
[#9]
|
|
|
|
Posted: 10/16/2016 9:56:30 PM EDT
[#10]
Quote HistoryQuoted: Nothing in MA state law that says that they had to be acquired IN state before the ban for them to be legal. Any magazine made before 9/13/94 is good to go. As long as your sending true pre ban mags I don't see you having a problem. Date stamped mags are the most sought after because there is not doubt on when they were made. Glock mags, although not dated, are also easy to date based on certain characteristics. In my experience some cops (NOT ALL) are not versed in firearms. If they want to take you in for having an undated hi-cap mag they will. The courts will sort it out.. Obviously anything marked LEO/MIL was made during the ban therefore not wise to send to a civilian. LEOs are exempt from all this and our AWB. MA General Laws Chapter 140 Section 131M Quote HistoryQuoted: Nothing in MA state law that says that they had to be acquired IN state before the ban for them to be legal. Any magazine made before 9/13/94 is good to go. As long as your sending true pre ban mags I don't see you having a problem. Date stamped mags are the most sought after because there is not doubt on when they were made. Glock mags, although not dated, are also easy to date based on certain characteristics. In my experience some cops (NOT ALL) are not versed in firearms. If they want to take you in for having an undated hi-cap mag they will. The courts will sort it out.. Obviously anything marked LEO/MIL was made during the ban therefore not wise to send to a civilian. LEOs are exempt from all this and our AWB. 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. 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. MA General Laws Chapter 140 Section 131M Well covered. |
|
|
|
Posted: 10/17/2016 3:15:44 PM EDT
[#11]
Completely legal to ship to MA. If you want to CYA, ask for a copy of the buyers ltc-a.
And BB, MA is somewhere in the middle of the pack when it comes to taxes. 
|
|
|
|
Posted: 10/17/2016 6:29:40 PM EDT
[#12]
imprisonment for not less than one year nor more than ten years, Makes it a felony for a resident under fed rules. There are very practical reason many will not ship to MA. A 'gung ho' State attorneys office can file federal charges. You MUST answer them. By 'remote control.' You could plead notice, you could plead NA. You still have to plead or lose. Wanna try? Wanna pay a local Fed level attorney to make sure? How much money are you going to make vs. how much even a letter will cost? |
|
|
|
Posted: 10/17/2016 10:44:44 PM EDT
[#13]
Quote HistoryQuoted:
Makes it a felony for a resident under fed rules. There are very practical reason many will not ship to MA. A 'gung ho' State attorneys office can file federal charges. You MUST answer them. By 'remote control.' You could plead notice, you could plead NA. You still have to plead or lose. Wanna try? Wanna pay a local Fed level attorney to make sure? How much money are you going to make vs. how much even a letter will cost? Quote HistoryQuoted: imprisonment for not less than one year nor more than ten years, Makes it a felony for a resident under fed rules. There are very practical reason many will not ship to MA. A 'gung ho' State attorneys office can file federal charges. You MUST answer them. By 'remote control.' You could plead notice, you could plead NA. You still have to plead or lose. Wanna try? Wanna pay a local Fed level attorney to make sure? How much money are you going to make vs. how much even a letter will cost? The question is about pre AWB mags. It has been established sending them is legal. Do you have anything further to add that you can reference with a link? |
|
|
|
Posted: 10/18/2016 8:33:54 PM EDT
[#14]
Quote HistoryQuoted:
The question is about pre AWB mags. It has been established sending them is legal. Do you have anything further to add that you can reference with a link? Quote HistoryQuoted:
Quoted: imprisonment for not less than one year nor more than ten years, Makes it a felony for a resident under fed rules. There are very practical reason many will not ship to MA. A 'gung ho' State attorneys office can file federal charges. You MUST answer them. By 'remote control.' You could plead notice, you could plead NA. You still have to plead or lose. Wanna try? Wanna pay a local Fed level attorney to make sure? How much money are you going to make vs. how much even a letter will cost? The question is about pre AWB mags. It has been established sending them is legal. Do you have anything further to add that you can reference with a link? You might call your attorney and ask them what their hourly charge is. |
|
|
|
Posted: 10/25/2016 9:22:41 AM EDT
[#15]
Quote HistoryQuoted: Makes it a felony for a resident under fed rules. There are very practical reason many will not ship to MA. A 'gung ho' State attorneys office can file federal charges. You MUST answer them. By 'remote control.' You could plead notice, you could plead NA. You still have to plead or lose. Wanna try? Wanna pay a local Fed level attorney to make sure? How much money are you going to make vs. how much even a letter will cost? Quote HistoryQuoted: imprisonment for not less than one year nor more than ten years, Makes it a felony for a resident under fed rules. There are very practical reason many will not ship to MA. A 'gung ho' State attorneys office can file federal charges. You MUST answer them. By 'remote control.' You could plead notice, you could plead NA. You still have to plead or lose. Wanna try? Wanna pay a local Fed level attorney to make sure? How much money are you going to make vs. how much even a letter will cost? IANAL but I am unaware of how legally any MA DA could file Federal Charges? AFAIK, it is not an area of law where they have any standing and I've never heard of such a thing (even wrt things not involving guns). The MA AG does not prosecute "people" but does prosecute businesses. AFAIK, prosecuting people is not part of her charter and thus is left to the elected DAs in each county. I bought a ton of pre-ban AR mags during the Fed Ban, mostly at gun shows, some from ARfcom'rs just after the Fed Ban sunset. They aren't serially numbered and nobody (including myself) could ever prove when I bought any particular mag or from whom (no receipts or names of seller at gun shows). Thus, even if the seller broke some law, it would be impossible to charge them with a crime and prove that they did it short of a sting operation. Easy to prove that the new owner has an illegal item however and that is how a prosecution in MA really happens. |
|
|
|
Posted: 10/29/2016 2:54:39 PM EDT
[#16]
Federal courts are original jurisdiction between a state and a resident of another state.
Of course a stste attorney could file. They well might need permission from a higher level state attorney like the state AG as an amdinistrative matter. Given the multiple vendors that will not ship into MA you might wonder why. They probbaly pay an attorney to keep their naughty bits out of a sling. Wonder why? |
|
|
|
Posted: 10/29/2016 4:15:49 PM EDT
[#17]
Quote HistoryQuoted: Federal courts are original jurisdiction between a state and a resident of another state.
Of course a stste attorney could file. They well might need permission from a higher level state attorney like the state AG as an amdinistrative matter. Given the multiple vendors that will not ship into MA you might wonder why. They probbaly pay an attorney to keep their naughty bits out of a sling. Wonder why? Because they deal in post '94 mags. 
|
|
|
|
Posted: 10/29/2016 4:51:14 PM EDT
[#18]
Quote HistoryQuoted:
Federal courts are original jurisdiction between a state and a resident of another state. Of course a stste attorney could file. They well might need permission from a higher level state attorney like the state AG as an amdinistrative matter. Given the multiple vendors that will not ship into MA you might wonder why. They probbaly pay an attorney to keep their naughty bits out of a sling. Wonder why? I am going to go out on a limb and say that you have no Idea what you are talking about. Making a claim requires evidence to back it up. I doubt that you can produce a shred. |
|
|
Win a FREE Membership!
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.
