AWB Investigations and Prosecutions in Mass.

Zarathustra11

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...The DAs' behavior in this state is best described as "spastic". Even if one is within the law, it's pretty clear to me that given the wrong set of circumstances/context, any one of us could be placed at legal peril in MA courts. Regardless of what you own the only way you can be legally safe in this state is to try to fly low and avoid the radar at all costs... [thinking]

-Mike
Not derailing at all, this is critical advice, especially in this state. Thankfully we have the type of members here who make this information readily available to average gun owners in MA.
 

drgrant

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Are forward vertical grips OK an AR platform?
VFGs arent anywhere in the law as far as the AWB is concerned so I don't see why this would be an issue. You can't put a VFG on a pistol, however, without it turning into an AOW, but that's a whole other ballgame related to the NFA.

-Mike
 
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I was going to start a new thread but stumbled onto this one.

Is anyone aware of a LTC holder running into trouble after the 7/20 ban for any reason related to AWB violations?
 

Len-2A Training

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I was going to start a new thread but stumbled onto this one.

Is anyone aware of a LTC holder running into trouble after the 7/20 ban for any reason related to AWB violations?
Wrt the AG BS?

Nope and I've heard LEOs state that the aren't touching it. They also believe it to be pure BS.
 

djbradles

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I’d be interested to hear some stories from any NES members that came across LEO’s with something like high cap mags or ar pistols. The JC Arms case is the only one I’m aware of. As for those cases where the awb offense was an addendum off another primary criminal charge, I’m not interested in those.
 

nstassel

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I know of instances of AWB charges against LTC holders. One was a constable charged with a preban glock mag the other was an AR that had an adjustable stock fitted but not pinned.
 

M1911

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I’d be interested to hear some stories from any NES members that came across LEO’s with something like high cap mags or ar pistols. The JC Arms case is the only one I’m aware of. As for those cases where the awb offense was an addendum off another primary criminal charge, I’m not interested in those.
There is a case right now on Martha’s Vineyard. A fireman’s guns, mags, and ammo were seized pursuant to a protection order. In the process, the police examined his AR-15 mags, found that they had date codes after the ban, and are prosecuting him for the AWB violation.

The article is here:


Post ban large capacity magazines will get you prosecuted. And remember that this is a felony and conviction will make you a federally prohibited person.
 

PappyM3

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There is a case right now on Martha’s Vineyard. A fireman’s guns, mags, and ammo were seized pursuant to a protection order. In the process, the police examined his AR-15 mags, found that they had date codes after the ban, and are prosecuting him for the AWB violation.

The article is here:


Post ban large capacity magazines will get you prosecuted. And remember that this is a felony and conviction will make you a federally prohibited person.
This case is really disturbing. At the worst, the cops should have just told the guy a couple of his mags were likely post-ban and they’d be disposing of them if he didn’t have evidence countering their information.

I really hope this guy attempts to defend and appeal on the grounds of equal protections violation, now that MA has rewritten the LEO exemption to allow personal use of assault weapons by LEOs.

We’re going to be seeing a lot more instances of red flag laws ruining people’s lives in order to save those same people from “being a danger to themselves.”

The old adage of “if you’re an law abiding LTC holder, you don’t have anything to worry about”, is no longer true. Any of our collections could be under a microscope at a moment’s notice and an honest misidentification on an owners part could result in prohibited person status and jail time.
 

djbradles

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There is a case right now on Martha’s Vineyard. A fireman’s guns, mags, and ammo were seized pursuant to a protection order. In the process, the police examined his AR-15 mags, found that they had date codes after the ban, and are prosecuting him for the AWB violation.
The article is here:


Post ban large capacity magazines will get you prosecuted. And remember that this is a felony and conviction will make you a federally prohibited person.
Not good. Building Inspector, Fire Lieutenant, and ERPO served. Something else behind the scenes is driving this case’s nuttiness. Edit: I read it was a voluntary admission into Psych unit.
 
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M1911

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The old adage of “if you’re an law abiding LTC holder, you don’t have anything to worry about”, is no longer true.
That was NEVER true. People who said that were deluding themselves with wishful thinking.

Possessing a post-ban mag in MA is a felony and will be prosecuted as such.
 

M1911

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Not good. Building Inspector, Fire Lieutenant, and ERPO served. Something else behind the scenes is driving this case’s nuttiness. Edit: I read it was a voluntary admission into Psych unit.
I think perhaps you are assuming that this guy did something to cause ire from the police, which is why he is being prosecuted. The unspoken hope there is “I haven’t done anything to piss off the cops so they hopefully wouldn’t prosecute me if I’m discovered with a post-ban large cap mag (or other AWB violation)”. I think that is both a dangerous and an inaccurate hope. We should assume that if we are caught violating the MA AWB ban that we will be prosecuted to the full extent of the law. The DA may well offer a plea deal with reduced prison time, but it will involve admitting to a felony and becoming a federally prohibited person.
 
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djbradles

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I think perhaps you are assuming that this guy did something to cause ire from the police, which is why he is being prosecuted. The unspoken hope there is “I haven’t done anything to piss off the cops so they hopefully wouldn’t prosecute me if I’m discovered with a post-ban large cap mag (or other AWB violation”. I think that is both a dangerous and an inaccurate hope. We should assume that if we are caught violating the MA AWB ban that we will be prosecuted to the full extent of the law. The DA may well offer a plea deal with reduced prison time, but it will involve admitting to a felony and becoming a federally prohibited person.
Definitely not assuming in this current state and climate at all. Before I found out it was self admission I thought somebody had ill will towards him. Whether additional charges or not, holding onto high cap mags, and anything that crosses the awb would not be wise given the ramifications.
 

PappyM3

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Self-admission to seek help. So, I’m guessing his wonderful doctors submitted the red flag. Yeah, these red flag laws won’t stop people from seeking needed help at all.
 

PappyM3

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That was NEVER true. People who said that were deluding themselves with wishful thinking.

Possessing a post-ban mag in MA is a felony and will be prosecuted as such.
I believe that line of thinking comes from people thinking they will be okay because their mags/guns won’t be found/analyzed with a fine toothed comb. Red flag confiscations are eliminating that notion, regardless of how realistic the thought process was or not.
 
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