Practical Implications of H4885 for Purchasing and Possessing

[VigilantesLiberi]

So cops are still above the law even if they retired.

 

[chris_1001]

So cops are still above the law even if they retired.

Yup!

 

[CrackPot]

So cops are still above the law even if they retired.

Except they cannot CARRY mags over 10rds. That has changed. Off duty and retired are not able to carry a large capacity weapon which all weapons are if you have a mag over 10rds.

 

[VigilantesLiberi]

Except they cannot CARRY mags over 10rds. That has changed. Off duty and retired are not able to carry a large capacity weapon which all weapons are if you have a mag over 10rds.

Good, they should just stay home at night and move to FL when they retire.

 

[not new guy]

Except they cannot CARRY mags over 10rds. That has changed. Off duty and retired are not able to carry a large capacity weapon which all weapons are if you have a mag over 10rds.

How do you think it plays out though when retired cop gets caught with a standard cap magazine by... another cop? A rhetorical question of course.

 

[chris_1001]

Except they cannot CARRY mags over 10rds. That has changed. Off duty and retired are not able to carry a large capacity weapon which all weapons are if you have a mag over 10rds.

Wait, I get they cannot carry a 10+ mag, but are you saying they cant carry say a G19 with a 10 round mag? I'm thinking you meant it differently

 

[milktree]

Wait, I get they cannot carry a 10+ mag, but are you saying they cant carry say a G19 with a 10 round mag? I'm thinking you meant it differently

Your understanding is correct. The restriction is on the magazine, not the gun.

 

[milktree]

How do you think it plays out though when retired cop gets caught with a standard cap magazine by... another cop? A rhetorical question of course.

We then find out which animals are more equal.

 

[straightshooterjake]

How do you think it plays out though when retired cop gets caught with a standard cap magazine by... another cop? A rhetorical question of course.

You may be right that in everyday situations some things may be "overlooked."

But anyone with any foresight knows that in some situations, everything will be done by the book. Most situations involving a body will be in this category. And if it is an important body, then no one will get any favors.

I think the Karen Read case has made this issue front of mind for lots of people. Certain special people thought that they get to play be special rules. Even when a police officer was killed, they still felt above the rules. But slowly, bright lights have been shown into a lot of dark corners, and that process is not done yet. I am pretty sure that no officer wants to be the next Michael Proctor.

 

[CrackPot]

Wait, I get they cannot carry a 10+ mag, but are you saying they cant carry say a G19 with a 10 round mag? I'm thinking you meant it differently

The key is the new definition of large capacity weapon. a LCW is defined as HAVING a mag over 10rds in it. So if you have a G19 with a 10rd mag, it is not a LCW. But if you have a G19 with a 15rd mag, it is a LCW.

 

[chris_1001]

The key is the new definition of large capacity weapon. a LCW is defined as HAVING a mag over 10rds in it. So if you have a G19 with a 10rd mag, it is not a LCW. But if you have a G19 with a 15rd mag, it is a LCW.

That’s what I was thinking you might have meant, but was not sure.

f***ing crazy…

 

[CrackPot]

That’s what I was thinking you might have meant, but was not sure.

f***ing crazy…

Its is convoluted. It is convoluted because they wanted to limit your ability to use your preban mags to carry. They think they are clever.

 

[chris_1001]

Its is convoluted. It is convoluted because they wanted to limit your ability to use your preban mags to carry. They think they are clever.

I know. I hate this state a bit more than this state hates me (us).

Good thing I can carry 20 10 round mags and reload fast

 

[ackwaves]

The key is the new definition of large capacity weapon. a LCW is defined as HAVING a mag over 10rds in it. So if you have a G19 with a 10rd mag, it is not a LCW. But if you have a G19 with a 15rd mag, it is a LCW.

What are your thoughts on treatment of a post-ban 15rd mag plugged to 10?

 

[MAJoe]

What are your thoughts on treatment of a post-ban 15rd mag plugged to 10?

How permanent is it and do you have the parts to revert it?

 

[DJBrad]

How permanent is it and do you have the parts to revert it?

Exactly. It’s gotta be permanently altered to hold no more than 10 rounds.

 

[pastera]

Re-quoted for extreme truthfulness and further thought. I'm trying to think of another time and place in history where such silly, worthless, nonsensically stupid (not to mention factually unconstitutional) laws could result in life-altering fines, court costs, imprisonment and branding as a felonious criminal for life.

These certainly are strange times in Massachusetts... and much more strangeness yet to follow. Our system of government is badly broken... possibly beyond repair.

Our system of government has been adulterated and replaced with a tyrannical socialist/facist system.

All while we kissed their feet for giving us comfortable lives filled with bread and Circus.

 

[milktree]

The key is the new definition of large capacity weapon. a LCW is defined as HAVING a mag over 10rds in it. So if you have a G19 with a 10rd mag, it is not a LCW. But if you have a G19 with a 15rd mag, it is a LCW.

I can’t find “large capacity weapon” in H.4885 except where it deletes the term or replaces it with “firearm”

Where are you seeing the new definition?

I’m reading on my phone, so maybe I’m just being blond..

 

[pastera]

I can’t find “large capacity weapon” in H.4885 except where it deletes the term or replaces it with “firearm”

Where are you seeing the new definition?

I’m reading on my phone, so maybe I’m just being blond..

On my phone also - pain in the ass

261 “Large capacity firearm”, any firearm that: (i) is semiautomatic with a fixed large capacity feeding device; (ii) is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device when both are in the same person’s possession or under their control in a vehicle

 

[milktree]

On my phone also - pain in the ass

Ah. I was looking for “large capacity weapon”, not “large capacity firearm”.

Not sure how that relates to carry though, since the restriction is on “large capacity feeding device”.

Interestingly, because of the new definition, it might be impossible to comply with the reporting requirements if a gun is stolen: you have to report if it is a large capacity firearm, which is impossible to know because you can’t know if it has a large capacity magazine near it.

 

[pastera]

Ah. I was looking for “large capacity weapon”, not “large capacity firearm”.

Not sure how that relates to carry though, since the restriction is on “large capacity feeding device”.

Interestingly, because of the new definition, it might be impossible to comply with the reporting requirements if a gun is stolen: you have to report if it is a large capacity firearm, which is impossible to know because you can’t know if it has a large capacity magazine near it.

The carry part is contained in 131m where (c) only exempts possession off private property if stored unloaded and locked up.
So it's illegal to possess a loaded or unsecured LCFD on any property open to the public.

 

[milktree]

The carry part is contained in 131m where (c) only exempts possession off private property if stored unloaded and locked up.
So it's illegal to possess a loaded or unsecured LCFD on any property open to the public.

Right.

I’m referring to CrackPot’s post which is about the legality of carrying a Glock 19 with a 10 round magazine.

Maybe I missed his point.

The restrictions say nothing about “large capacity firearms” specifically, they restrict where you can carry a “large capacity feeding device”.

The fact that it turns a “firearm” into a “large capacity firearm” is secondary.

 

[pastera]

Right.

I’m referring to CrackPot’s post which is about the legality of carrying a Glock 19 with a 10 round magazine.

Maybe I missed his point.

The restrictions say nothing about “large capacity firearms” specifically, they restrict where you can carry a “large capacity feeding device”.

The fact that it turns a “firearm” into a “large capacity firearm” is secondary.

I think it's down to a semantics at this point
Under the new language a LCF is no longer one that can simply accept a feeding device larger than ten rounds, it's now both able to accept and constructive possession of a LCFD.

So, because off duty can't carry a LCFD, nothing they carry would legally be a LCF.

 

[milktree]

Holy crap, I've been looking at all the references to "large capacity firearm" in H.4885, and they really buggered it up.

There's a ton of restrictions on "large capacity firearms" that were copy/pasted from the old law, without regard to the new definition that requires a large capacity magazine be proximate.

The end result is that "large capacity firearm" basically has no meaning, since any magazine fed gun is non large capacity as long as there's only 10 round magazines nearby.

I can't imagine that's what they meant to write.

 

[VigilantesLiberi]

The end result is that "large capacity firearm" basically has no meaning

Where else does it matter that something is a LCF, other than with regard to a LCFD. The new law uses LCF language to limit the use of LCFDs. If there are no other places that reference a LCF, then the meaning of it really doesn't matter.

 

[nstassel]

Is it illegal to leave a standard capacity magazine (unloaded) unsecured somewhere?

Yes

 

[milktree]

Is it illegal to leave a standard capacity magazine (unloaded) unsecured somewhere?

It depends on the somewhere.

You can have it loaded and unsecured in your house, or at a gun range, or on other private property where you have permission to be there with your standard capacity magazine.

But not anywhere else.

 

[not new guy]

The question behind the question was whether you can just abandon a standard capacity magazine somewhere that happens to be in the same area where somebody who happens to want a standard cap mag is hanging around. Maybe that person had coincidentally also recently compensated you for your thoughts on Maura Healey (for example).

 

[AJK129]

The question behind the question was whether you can just abandon a standard capacity magazine somewhere that happens to be in the same area where somebody who happens to want a standard cap mag is hanging around. Maybe that person had coincidentally also recently compensated you for your thoughts on Maura Healey (for example).

It would be litering to not pick up any standard mags someone else leaves around

 

[milktree]

The question behind the question was whether you can just abandon a standard capacity magazine somewhere that happens to be in the same area where somebody who happens to want a standard cap mag is hanging around. Maybe that person had coincidentally also recently compensated you for your thoughts on Maura Healey (for example).

"finding on the bench at the club" isn't really a "transfer", nor is "I lost it somewhere, maybe at the club"

I'm pretty sure the DA would see through that, if they cared enough.