Hey Jay,I've been reading MArooned for about as long as I've been MArooned this time around (got smart for a few years and moved to Cow Hamshire, but the wife didnt like the winters in Laconia). I was wondering about the rules regarding normal capacity magazines, specifically 30 rd 5.56 magazines. I know that if I have two magazines that look and function identically, but one is stamped as being post AWB, then I cant legally own the newer mag. What about the guts? Is is legal to put new springs and followers into an old mag, or does that violate the law?
First, a disclaimer: I am not a lawyer. I am not versed in Massachusetts firearms law, do not have a law degree, didn't even stay at a Holiday Inn Express last night. Take legal advice from me with the same grain of salt you would take it from any other hairless ape posting on the internet. That said...
MA law essentially extends the Federal Assault Weapons Ban that expired in September 2004 indefinitely. Basically, if the magazine was made prior to September 1994, it is legal to own (assuming you have the proper permit, of course). Federal law - and MA law by extension - is silent on replacement parts specifically; however there is this interesting section:
(4) If a person charged with violating paragraph (1) asserts that paragraph (1) does not apply to such person because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of title 18, United States Code, shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).'.
(Emphasis mine). Now, a case could be made, then, that *any* magazine without a serial number is - by Federal definition - "pre-ban". Granted, this only applies to magazines in existence on or before September 1994 - don't try to claim that your S&W M&P high-capacity magazine is pre-ban because it doesn't have a serial number on it.
Generally, the body itself - the part that does or does not have a serial number - is considered to be the "high capacity feeding device". It is generally accepted that springs, followers, and floorplates are wear items that can be replaced and still constitute a "pre-ban" magazine. For kicks, here's MA law on "large capacity feeding devices:
“Large capacity feeding device”, (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. section 921(a)(31) as appearing in such section on September 13, 1994. The term “large capacity feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber ammunition.
921(a)(31) is the passage immediately following the excerpt of the Federal Ban which details the Federally prohibited magazines.Bottom line: If you've got a "pre-ban" magazine and want to replace a worn part, you are not prohibited from doing so by MA law.
Hope this helps!
That is all.
3 comments:
Hairless Ape? Dude...I've MET you.
Just saying... :D
The important thing to remember though, is that "The Man who would be King", MITT ROMNEY helped to put that Crap upon the Citizens of the VolksRepublik when he was Goobernor.
"Large capacity feeding device" sounds like my lunch box.
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