Boston Hi-Cap ordinance

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Boston Hi-Cap ordinance

Postby Van Canna » Thu Aug 10, 2006 8:30 pm

Panther,

Someone in the gun shop today said that in Boston you cannot carry a hi-cap magazine in a hi -cap pistol because of a city ordinance.

Is this true?

Thanks,
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Postby RACastanet » Thu Aug 10, 2006 9:45 pm

I am pretty sure that MA instituted their own 'Clinton gun ban' after the federal statue expired about 2 years ago. That would make 'full capacity' mags a nono.

This is from the NRA website:

In Boston under a vague law it is unlawful to possess, display, transfer, or receive, without a license granted by the Boston Police Commissioner: any shotgun with a revolving cylinder and/or a capacity exceeding 6 rounds; a semiautomatic rifle with a fixed magazine capacity exceeding 10 rounds; any SKS, AK47, UZI, AR-15, Steyr AUG, FN-FAL, and FN-FNC rifle; any semiautomatic pistol which is a modification of a proscribed rifle or shotgun with a shorter barrel or no stock, and any magazine or belt which holds more than 10 rounds.


I'll look around for more info should Panther not respond. It is always best to get info form a resident of that area.

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Postby Van Canna » Fri Aug 11, 2006 3:33 am

Thanks Rich.

Well, it means that my beloved Glock 19, my constant companion,will have to stay at home. :(
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Postby RACastanet » Fri Aug 11, 2006 11:43 am

Well, it means that my beloved Glock 19, my constant companion,will have to stay at home.


No, just get some of the 'Clinton' gun ban magazines. They sell for about $10 each at gunshows down here. I kept mine for the express reason that I might someday be travelling through an area that prohibits full capacity mags. It is possible that a state that honors one of my CHPs might enact a 'Clinton'like rule so I will be OK if visiting there.

All of the 'Clinton' era full cap mags are stamped 'law enforcement only'. There are a lot of these that are legal in most states now but I still avoid them as so many LEOs are uninformed that they might arrest/confiscate anything so marked.

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More...

Postby RACastanet » Fri Aug 11, 2006 11:48 am

From Packing.org:

High Capacity Magazines or Feeding Devices.
Under Massachusetts law, a “large capacity feeding device” is defined as “(i) a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells; or (ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. § 921(a)(31)." Mass. Gen. Laws ch. 140, § 121. This does not include “an attached tubular device designed to accept, and capable of operating only with, .22 caliber ammunition.” Id.

The sale, offering for sale, transfer or possession of large capacity feeding devices for assault weapons (as defined under Ch. 140, § 121), is prohibited unless such device was lawfully possessed on September 13, 1994. Ch. 140, § 131M.

Large capacity feeding devices designed for large capacity rifles and shotguns may be lawfully possessed by a holder of a Class A or B license to carry. Ch. 140, § 131(m). Large capacity feeding devices designed for handguns, rifles and shotguns may be possessed by holders of a Class A license to carry only. Ch. 140, § 131(a).

Ever since the Gun Control Act of 1998 became law, license to carry applicants are faced with increased scrutiny, even if they have had a license for decades. In many communities it is very difficult to get a license to carry, particularly if you want a Class A license.


For the website:

http://www.packing.org/state/massachusetts/

This should help.

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Postby Van Canna » Fri Aug 11, 2006 1:29 pm

In Boston under a vague law it is unlawful to possess, display, transfer, or receive, without a license granted by the Boston Police Commissioner: any shotgun with a revolving cylinder and/or a capacity exceeding 6 rounds; a semiautomatic rifle with a fixed magazine capacity exceeding 10 rounds; any SKS, AK47, UZI, AR-15, Steyr AUG, FN-FAL, and FN-FNC rifle; any semiautomatic pistol which is a modification of a proscribed rifle or shotgun with a shorter barrel or no stock, and any magazine or belt which holds more than 10 rounds.


~~

Large capacity feeding devices designed for handguns, rifles and shotguns may be possessed by holders of a Class A license to carry only. Ch. 140, § 131(a).


Rich,

A bit confused on this:

• I have a class A license_ Under the above ordinance_ does the city of Boston allow the carrying of hi-cap mags in your pistol _ if so licensed, or not?
• Or does the second quoted language refer to the State of Mass [excluding Boston] due to the ordinance?
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Postby RACastanet » Fri Aug 11, 2006 3:28 pm

Van, it is very confusing. So, I will make no effort to translate MA laws.

I'm focused on VA and have experience and a resource to get answers to gray areas. Sometimes the only way to get an understanding is to research case law to see how the courts have interpreted the laws. You need to do that or seek legal council from an attorney with experience in firearms laws in MA and Boston.

Even with case law to support you I am sure a number of LEOs and DAs would have their own ideas about how to enforce the laws. Even in reletively transparent VA we have regular arrests and detainments of innocent civilians being subjected to a LEOs interpretation or ignorance of specific laws pertaining to firearms.

Last month I had a Richmond judge and a prominent local defense attorney in a CHP class. I expected the worst but they listened attentively and took no exceptions to my presentaion of VA firearms laws. Afer the class the judge approached and thanked me for the class as he had learned something that he did not know. On July 1 a few new pro firearms laws went into effect that he was unaware of!

Find a few 10 round Glock mags and carry two spares instead of one.

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Postby RACastanet » Fri Aug 11, 2006 3:33 pm

Another source of info is the dealers. Ammoman.com is a good source as they sell mags and ammo and know the laws. In the case of MA they are also confused. Here is what their mag site says:

SORRY BUT WE NO LONGER SELL TO MASSACHUSETTS


They have decided it is better to be safe than sorry.

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Postby Van Canna » Fri Aug 11, 2006 3:42 pm

Image

Might just start carrying this new toy _ 10 rounds mag_ BIG HOLE at the muzzle and night sights. Very compact_ and be done with it.

Shall save the 19 for the 'Bug Out Bag'
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Postby Panther » Wed Aug 30, 2006 7:26 am

Sorry I've been caught up in some things and didn't see this sooner...

Anyway, as I understand it (and as always IANALAIDNPOOTV) because of the Massachusetts version of the KKKlinton ban, no NEW hi-cap mags can be purchased or used in PRoMA (People's Republic of MA). However, if you own hi-cap mags that were made prior to the ban (fall of 98), those are grandfathered and legal to carry and use. Before the sunset of the federal ban, this was easy to show because mags made after 98 all said "law enforcement or government use only" on them. Since the sunset, that requirement is no longer there and companies can make unmarked mags once again. Those unmarked hi-cap mags are not supposed to be sold in MA under MGL.

In Massachusetts one should always keep in mind that:

1. Using a firearm for self-defense (especially in any "city") WILL get you, the victim, charged. It will more than likely cost you your job, house, savings, and perhaps worse to defend yourself from the politically motivated corrupt prosecutor.

2. Number one does NOT go away if you use a lo-cap mag.

3. Having three 10 rd mags is just as good as two 15 rd mags for all intents and purposes... just practice moving mag changes. Also most self-defense situations never require a mag change regardless of the capacity.

4. Far better to be alive to get prosecuted than to be the victim of another one of Boston's unsolved shootings/stabbings/muggings/etc.

5. Government should be afraid of the people, not the other way around... Perhaps Claire Wolfe is right... It's about time to start shooting the bastards.

6. Free people should NOT have to ask permission to exercise a Right that comes from their Creator.

I know more than a few people who have stated that regardless of any law written by men, they will NOT be left as unarmed as the Jews at Aushwitz against the criminals.

My God-given Rights are NOT "void where prohibited by law!"

YMMV...

BTW, I like the Warthog too. I was looking at one on two occasions within the past 3 days. It's definitely on the list when funds become available.
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Postby Van Canna » Thu Aug 31, 2006 7:39 pm

Good post Panther,

PROMA _ in one case the trial court has stated that a person with license to carry a concealed firearm [LTC-A] _ needs a reason to carry the firearm, and that the carrying of a spare magazine also came under scrutiny.

The LTC-A states for all lawful purposes, meaning you can carry 24/7 without any specific reason, isn’t that right?

Do you know of any cases that settled this question?

The trial court believed that carrying a spare magazine was reasonable for a police officer, but not for a citizen.

BTW _ no blades of any length are permitted to be carried in the city of Everett.
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Postby IJ » Thu Aug 31, 2006 8:29 pm

What's all the whining about? Obviously there are dozens of crimes that one could commit with a 15 round magazine that one simply could not commit with 2 10 round magazines. Seems reasonable to me :)
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Postby RACastanet » Fri Sep 01, 2006 7:39 pm

:lol: :lol: :lol: :lol:
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Postby Panther » Sat Sep 02, 2006 1:33 pm

I don't know of any specific cases.

The courts in PRoMA are pretty corrupt from seeing how things work. I will never rely on "government" for my personal defense. The attitudes in PRoMA are why I am diligently working towards a life closer to Winterfest or RACastanet so that I may leave the commie SOBs to their higher crime rates, lower census numbers and increased lose of jobs! ;)

Take care...

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"People should not be afraid of their Government; Goverment should be afraid of the People"

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Postby Van Canna » Sat Sep 02, 2006 1:50 pm

Yes_ corruption is the name of the game here.

St Augustine Florida is the dream.

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