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Posted: 9/27/2002 3:28:33 PM EDT
What should a person do if they sold hicaps to a person in a banned state such as MA? On top of that took order and funds from someone else in that state but did not ship.
Link Posted: 9/27/2002 3:52:18 PM EDT
[Last Edit: 9/27/2002 3:52:53 PM EDT by Wildweasel]
Well first don't freak out. Hi caps are NOT Banned in mass. You just need a class A LTC permit to recieve and possess them. AS long as the buyers have them no sweat.
The only thing you can do on the second if you don't want to get a copy of thier LTC then explain and refund the money.
Yes I live in Mass, and am up on the laws as I am a collector (C&R FFL)

Link Posted: 9/27/2002 5:28:30 PM EDT
[Last Edit: 9/27/2002 5:33:04 PM EDT by neilfj]
Hi Caps aren't banned in Mass. Possession by unlicensed individuals is illegal, as is the sale by residents and businesses located within the State to unlicensed individuals. This is a big difference compared to a complete ban. The law doesn't say anything about sales by out of state entities.

Don't worry about it. Mass laws have no weight or jurisdiction outside the state borders. They aren't going to come tracking you down to make your life miserable (although they would if they could get away with it). Even if they did apply, you can't know the laws of every state.

If you want to play it safe in the future, just ask for a copy of their license.

High Cap Pistols or Rifles require a Class A License to Carry (LTC).

High Cap Rifles require a Class B LTC (No Hi Cap Handguns)

As for the ones you already sold, don't sweat it and ship the mags.
Link Posted: 9/28/2002 5:28:31 AM EDT

Originally Posted By neilfj:
Don't worry about it. Mass laws have no weight or jurisdiction outside the state borders. They aren't going to come tracking you down to make your life miserable (although they would if they could get away with it). Even if they did apply, you can't know the laws of every state.



Bingo. Even if high-capacity magazines were banned in Massachusetts, the Massachusetts state police aren't going to drive over to your house and kick your door down. There's nothing they can legally do, since you didn't legally break the law.

Link Posted: 10/3/2002 7:57:10 PM EDT
Well, I've heard of guys sticking a removable wooden plug inside the mag that limits the capacity to 10 rounds. The guy receiving it could always pull it out if he wanted to "modify" the mag.
Link Posted: 10/4/2002 5:29:40 AM EDT
Well, I just sold 10 high cap mags to a guy in MA. Just asked him to fax me a copy of his LTC or include it with the payment. No issues of legality.

Link Posted: 10/4/2002 1:33:48 PM EDT

Originally Posted By PoliticalScience:

Bingo. Even if high-capacity magazines were banned in Massachusetts, the Massachusetts state police aren't going to drive over to your house and kick your door down. There's nothing they can legally do, since you didn't legally break the law.




if that's true about state laws not having any weight outside that state, then why does everybody say "...NJ? oh we can't ship there"?? is there anybody that knows this FOR SURE and can quote some kind of precedent? i feel like i'm living in the eastern-bloc over here. i'm not about to confess to owning anything illegal, but let's just say that if i did, i'm a big boy and can make my own decisions. i don't need companies in nebraska deciding for me.

(no offense to nebraska-ites)

Link Posted: 10/4/2002 1:46:11 PM EDT

Originally Posted By whiskey-echo:
if that's true about state laws not having any weight outside that state, then why does everybody say "...NJ? oh we can't ship there"??



1) If they're FFL dealers they're bound to observe other state laws.

2) Oftentimes the laws are so convoluted and hard to understand that it's easier to restrict sales rather deal with legal headaches.

3) Misinformation.
Link Posted: 10/4/2002 3:50:51 PM EDT

Originally Posted By Aces-and-Eights:

1) If they're FFL dealers they're bound to observe other state laws.

2) Oftentimes the laws are so convoluted and hard to understand that it's easier to restrict sales rather deal with legal headaches.

3) Misinformation.



All true...and lets not forget:

"I saw it posted (or saw it listed in ads) so I just assumed it was banned."

Link Posted: 10/4/2002 5:50:34 PM EDT

Originally Posted By whiskey-echo:

is there anybody that knows this FOR SURE and can quote some kind of precedent?



Yeah. I know FOR SURE that it isn't illegal to ship a hi-cap into a restricted state. Aces-and-Eights and neilfj are exactly right. Just as there is no law that specifically says, "You can breathe air.", there is no law that specifically says, "You cannot ship hi-caps to a restricted state." The restriction falls at the state level, and if you do not live in that state, their laws don't apply to you.

Even if California passed a law saying, "A person commits a crime if he sends hi-caps into California from another state.", and you live in Texas and ship your brother a 30-rounder, while you would be in violation of this hypothetical law, theres not a f#cking thing California can do because of jurisdiction.

In Texas, organized gambling and prostitution are both against the law. But you don't see the Texas state police going into Nevada (where both are legal) and arresting people. That's because the authority of Texas state police end at the border, just as California's authority ends at their border (thankfully).

The people and businesses that say they will not ship hi-caps to New Jersey or California are simply doing it for the reasons in the two posts above. They are acting voluntarily, even though they could legally ship hi-caps into those states if they wanted to.

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