I read LenS earlier post in this thread and that's what got me thinking that perhaps I couldn't own an M&P .40 compact. It's like there are no easy answers when it comes to Massachusetts.
MO, I never answered YOUR question. I was answering the OP's question.
If my name wasn't mentioned, I wouldn't have responded to your question for the following (confusing) reasons:
- Ch. 180 (Acts of 1998) which gave us a re-write of Ch. 140 of MGLs was written during the Fed Ban on hi-caps. The pertinent part (to your question) is that ANY gun that was ORIGINALLY SOLD to consumers (not LEO) with hi-cap mags became a "hi-cap gun" requiring a LTC-A (for handguns) AND a list was created by GCAB/EOPS itemizing the guns it applied to. ALSO banned was the POSSESSION of any hi-cap mag that fit a low-cap gun, unless you possessed the proper license (LTC-A for handguns, LTC-B for long guns).
- In 2004 when the Fed Ban was lifted (expired), the MA Ban still is in effect (forever) and things get real muddy! Mfrs were now selling new guns with hi-cap mags to consumers in most states, with 10 rd mags in backwater places like MA.
- A STRICT READING (IANAL) of the MGL in effect here would seem to indicate that ANY handgun that is NOW SOLD with hi-caps in the USA (free states, MA need not apply) would require a MA LTC-A even though it is not sold to consumers in MA with hi-cap mags.
- Nobody in GCAB/EOPS has woken up to the fact that the list of hi-cap guns now could be revised to be a mile long. Not sure anyone here wants to poke that bear in the eye!
So in closing, I personally would not know exactly what to tell you to answer your question. If you possess it with a LTC-B, you could get jammed up, even if a dealer sells it to you as a low-cap gun.
Sorry if I confused you above, not intending to, just pointing out that this is a very muddy, gray area with no decisive answer. You'd likely get different answers from different (very competent firearms) attorneys on this one.