In Mass, is EVERY magazine manufactured before 1994 Legal to own ?

[SalemCat]

This has been discussed a thousand times, but here goes:

Is EVERY Magazine manufactured before 1994 LEGAL to own in Mass ?

Regardless of whether it is twelve rounds or twelve hundred, and whether it is for a Handgun, Rifle, or Shotgun ?

 

[atmay]

This has been discussed a thousand times, but here goes:

Is EVERY Magazine manufactured before 1994 LEGAL to own in Mass ?

Regardless of whether it is twelve rounds or twelve hundred, and whether it is for a Handgun, Rifle, or Shotgun ?

Provided you have the proper license, yes. Rifle mags over 10rnds and shotgun over 5 (IIRC) require a LTC-B, and handgun mags over 10rnds require an LTC-A. No matter how old the magazine is.

 

[atilla]

9/13/94 is the cut-off date. "high capacity" mags (more than 10 rounds) must have been manufactured before this date otherwise are "post-ban" and not legal to own in MA.

and as atmay said--yes, you need to be properly licensed which = LTC-A.

 

[Pemd5555]

Can you put pre ban mags into new firearms?

 

[ware]

Yes!

 

[SalemCat]

Can you put pre ban mags into new firearms?

Yes !

You WILL need LTC-A High Capacity, of course.

 

[mikem317]

The only ambiguity is what "manufactured" means. Does that mean original DoM? What happens if the end user rebuilds it? Do all four main components need to be made prior to the 9/13/1994 date (body, end plate, follower and spring?) What happens if the spring needs to be replaced? Can it be replaced legally with a spring that's made after the cut-off date? Or is it just relevant for the mag body and plate?

This is why the magazine ban in MA needs to go away. I'm sure these type of cases would be tempting for some over-zealous, politically-motivated anti-gun assistant DA.

 

[SalemCat]

The only ambiguity is what "manufactured" means. Does that mean original DoM? What happens if the end user rebuilds it? Do all four main components need to be made prior to the 9/13/1994 date (body, end plate, follower and spring?) What happens if the spring needs to be replaced? Can it be replaced legally with a spring that's made after the cut-off date? Or is it just relevant for the mag body and plate?

This is why the magazine ban in MA needs to go away. I'm sure these type of cases would be tempting for some over-zealous, politically-motivated anti-gun assistant DA.

Common Sense would date the Magazine solely by the Body or Shell.

Wait-a-Minute...What was I thinking ? Common Sense and Gun Laws DON'T MIX.

 

[JCV]

Are magazines with no date assumed to be pre-ban? wasn't there some sort of regulation that mags had to be dated to be able to distinguish between them..????

 

[SalemCat]

Are magazines with no date assumed to be pre-ban? wasn't there some sort of regulation that mags had to be dated to be able to distinguish between them..????

I've never heard of such a regulation. Considering Mass may be the only state with this Pre-Ban Mag law, why would any Manufacturer bother to mark their mags ?

Some mags with specific markings (I forget which - Law Enforcement Only ?) are definitely Post-Ban. But most are unmarked.

I would expect an owner would have a tough time in Court with any Plastic or Polymer Mag, even if unmarked.

 

[RandomBS]

I've never heard of such a regulation. Considering Mass may be the only state with this Pre-Ban Mag law, why would any Manufacturer bother to mark their mags ?

Some mags with specific markings (I forget which - Law Enforcement Only ?) are definitely Post-Ban. But most are unmarked.

I would expect an owner would have a tough time in Court with any Plastic or Polymer Mag, even if unmarked.

Every state in the country had the pre-ban mag law from 1994-2004. MA (and a couple other states) just kept it forever

 

[stacarter]

I would expect an owner would have a tough time in Court with any Plastic or Polymer Mag, even if unmarked.

If a pmag sure. But a Thermold or Orlite plastic mag is probably fine. I'd be that test. Yes I know everyone hates any polymer that isn't magpul but they run fine in my rifles and I have no nagging doubts about their status.

Sent from my SAMSUNG-SGH-I317 using Tapatalk 2

 

[Rob Boudrie]

Common Sense would date the Magazine solely by the Body or Shell.

Wait-a-Minute...What was I thinking ? Common Sense and Gun Laws DON'T MIX.

The only precedent for this is federal, which is not binding upon MA. During the bad period of 1994 - 2004, the ATF ruled it was acceptable to replace the magazine body on a damaged pre-ban magazine. Declarations that the mag tube is the magazine, at present, have no statutory or, as far as I can tell, court precedent.

This is a classic example of "fill in the blank" where people assume provisions in the law that just aren't there.

 

[SalemCat]

It's stupid; it's wrong; it's New York:

New York To Pursue Felony Charges Against Vet Arrested For Possessing High Capacity Magazine « Pat Dollard