High cap magazines

[Loophole LaRue, SASS #51438]

I live in a state that never surrendered the Clinton gun ban; we still have the restrictions passed by the Feds in 1993. One of those is no magazines over 10 rounds.

 

An exception has always been so-called "pre-ban" magazines. I never owned one, and so I was never concerned with the details.

 

Until now.

 

A friend in VT has offered me 5 pre-ban 30 round AR15 magazines for $40 total. Depending upon condition, that sounds like a heck of deal. Around here, when the scarce pre-bans can be found at all, they are running around $45 per.

 

My questions:

 

• Can I verify that they are, in fact, pre-bans? Some articles suggest that there are dates stamped on them; others claim you cannot tell;
• Other than replacing springs and installing Magpul self-leveling followers, is there anything that should be done to make them serviceable?
• Should I paint them, or would leaving them original grungy make it less likely that some intrusive SOB might challenge my claim that they are pre-ban?
• Has anyone been challenged by LEOs re pre-ban status? Do they have to prove that they are not, or do I have to prove that they are? (Why do I think I already know the answer to that one?)

Thanks.

 

LL

[Major E A Sterner #12916]

There's no way of telling how old they are,Unless you have a sales receipt, you would have no way to prove that you had them "Pre-Ban". If Mass is anything like NY,it would be up to you to prove they are pre-ban.Good luck.

[Blastmaster]

Probably the only time it would come up between owner and LE, would be at a crime scene.

[Springfield Slim SASS #24733]

Even if you had sales receipts, it wouldn't do any good as the mags are not serialized, so no way to prove those are the mags in question.

[Loophole LaRue, SASS #51438]

Even if you had sales receipts, it wouldn't do any good as the mags are not serialized, so no way to prove those are the mags in question.

 

So how does one prove the vintage?

 

Isn't this the situation in some other states, too? CA? NY?

 

LL

 

I might as well answer my own question - I've been reading some NE gun sites, and this issue has been in play for years. Bottom line - in most cases, you cannot prove the date of manufacture; BUT, there are some dated mags, and some that are distinguishable by unique features. So the risk that you run buying an undocumented mag that is represented as pre-ban is that someone, at sometime, might be able to prove that it is NOT preban. In MA, that's a felony for each mag, with fines up to $10K and up to 10 years in jail per.

 

I guess I'm back to 10 round mags. I can't do hard time...

 

LL

[Smokin Gator SASS #29736]

In some places a person who originally owned the mags, before the ban, can still possess them, but cannot legally transfer them to another person. Smokin Gator

[Ranger Royal B. Oliver]

In MA, the only pre-ban mags that are legal to sell are ones that were in the state when the ban was enacted so "legally" your friends mags are illegal to sell in MA.

 

G.L. c. 140 § 131M makes it a felony to “sell, offer for sale, transfer or possess” a high capacity ammunition feeding device or magazine that was not lawfully possessed on September 13, 1994. There is an exemption for active duty and retired law enforcement officers. These magazines may be referred to as “post ban” magazines, with those being lawfully possessed prior to September 13, 1994 being referred to as pre-ban magazines.

 

 

[Loophole LaRue, SASS #51438]

In MA, the only pre-ban mags that are legal to sell are ones that were in the state when the ban was enacted so "legally" your friends mags are illegal to sell in MA.

 

G.L. c. 140 § 131M makes it a felony to “sell, offer for sale, transfer or possess” a high capacity ammunition feeding device or magazine that was not lawfully possessed on September 13, 1994. There is an exemption for active duty and retired law enforcement officers. These magazines may be referred to as “post ban” magazines, with those being lawfully possessed prior to September 13, 1994 being referred to as pre-ban magazines.

 

 

 

Hmmm....I don't see "lawfully possessed in MA"; only "lawfully possessed".

 

I understand that we cannot buy non-conforming firearms that existed before MA adopted "The List" unless they were registered in MA before the Regs became effective - like a Colt. But I haven't seen any geographic restriction on magazines.

 

Ain't statutory interpretation fun???

 

LL

[Tennessee Trapper Tom]

one shot, one kill. Ammo conservative. Along with proper tactics and techniques. One person could accomplish a great number of kills and only use 10 round mags or less. Mag changes can be extremely fast. Not a spray and pray kind of man. Too much emphasis is placed on this issue by the left. Our response so so far isn't making headway. We need to rethink the fight Without further loss. If we prove you can accomplish the same with less, then they want less. Something needs to change in our tactics

[Blastmaster]

one shot, one kill. Ammo conservative. Along with proper tactics and techniques. One person could accomplish a great number of kills and only use 10 round mags or less. Mag changes can be extremely fast. Not a spray and pray kind of man. Too much emphasis is placed on this issue by the left. Our response so so far isn't making headway. We need to rethink the fight Without further loss. If we prove you can accomplish the same with less, then they want less. Something needs to change in our tactics

'One shot, one kill'...... is a military Sniper motto (I pre apologize if not) A good motto for that sector of the military and very effective in the correct circumstances.

 

What to change? Education when every each one has an opportunity. Be it in the check out line, BSing with family/ friends, at the tatto shop, hair dressers, gun counter, or where ever some ill informed person states something wrong that you can correct. and backup with facts. Example, clip vs magazine, what is def of assault rifle. is AR15 and assault rifle?? etc.