Sale By Mail Of Full-Capacity Magazines to Massachusetts

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TheFrontRange

TheFrontRange

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I live in Alabama and have offered for sale some Sig 13-round magazines via the Classifieds forum. I have a party from Massachusetts interested in these magazines. I have (tardily) only now questioned the legality of selling these magazines to a resident of that state. Can anyone point me toward a source that could give me a clear answer on this? I roamed the NRA-ILA site for MA but didn't find info specific to this situation.

If I've posted this concern in the wrong forum, please redirect me...


Thank you!
 
MA is a one of those states with a mirrored version of the expired federal AWB still in effect. That means only high-cap (>10 round) magazines manufactured before the federal ban ("pre-ban") can be possessed in MA. If your magazines were manufactured before the ban, then yes, you can sell them to someone in MA. If they weren't, or you're not sure, then don't do it.

See this link for details
 
http://www.mass.gov/legis/laws/mgl/140-131m.htm

Chapter 140: Section 131M. Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment

Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.
Click to expand...

"Large capacity feeding device" is defined as in the 1994 federal "assault weapons" ban: holds more than 10 rounds and manufactured after September 13, 1994.

So unless you're sure your state will never allow you to be extradicted to Massachusetts, or you know your magazines are over 13 years old, don't sell them.
 
Bill and Tom, thank you much...I had a feeling that's the direction this would go...thanks for the info!
 
Another issue is that the person in Mass must have a LTC Class A license to be able to own a high capacity handgun magazine. You should ask for a copy of the interested parties LTC Class A. If they don't have one than you can not sell it to them.
 
I'm from Mass. Do your self a favor, unless you are 100% positive these magazines are pre-ban AND the person has a Class A LTC don't sell them.

So you know a Class A is for high capacity and Class B is not. There are also restrictions that can be placed on an LTC as well. So unless you can get them to send you a copy don't take their word for it.
 
As a resident of another state, how can Mass tell me what to do? I mean, if i am there for a FTF, sure. And if I live there, also sure.

Does that make sense?
 
MudPuppy,

That's why I said "unless you're sure your state will never allow you to be extradicted to Massachusetts." But I doubt there are any such states, and even if one of them were to stand up and say, "we will not support an obviously unconstitutional law of another state," the feds might well trump that decision and force extradition.

So, no, Massachusetts cops can't legally go into Alabama, or Montana, to pick up somebody from another state who has broken Massachusetts laws, but they can, and probably will, petition that other state to arrest you and transport you to Massachusetts to be tried there. And your state will likely comply.
 
What would happen if the guy you sold it to ended being a plant for the Mass Attorney General. It has happen before. The Mass AG's office would send a nice letter to you stating you broke the law in Mass and are now fined $5,000 plus other legal fees. If you ignore it then they will have your state AG send a nice letter to you stating if you don't pay the fine you will be arrested and extradited to Mass. If you want to appeal the fine then you would have to travel to Mass and go to court. The court will probably find you guilty and make you pay the fine plus court fees. That is how it works in this state.
 
Thanks for the input, all...I have cancelled this sale and will proceed much more cautiously in the future!
 
Now you can understand why various mail order companies refuse to sell all sorts of things to Mass residents.
 
Let me play Devil's Advocate here. As a MA inmate, I am often frustrated by people's unwillingness to work with MA residents.

Making sure you are within the Law is ALWAYS a good idea. However, to completely and needlessly BOYCOTT your brethren in a less gun-friendly area helps noone.

If you were to ensure that you followed the laws, you would be fine.
1. Make sure the mags are verifiably Pre-ban
2. Have the buyer send a copy of his License proving his legal ability to own the mags.
3. Collect your money and mail the mags.

Making a good-faith attempt to comly with Laws will cover you. If somebody sends a fake license, that's no different than them lying on a 4473. They broke the law, while you were attempting to comply with it.

Please help out your Prog-gun neighbors.


OK, off my soapbox.
 
Though there are many companies that will not ship so much as a cartridge case to Massachusetts residents, there are many who will. Reason being is that they follow the law. Those who have not have been targeted - fair or not. If a private citizen has pre-ban magazines for sale and requests a copy of the residents Class A LTC, then there should be no problem at all.
 
This all so pathetic. One socialist state pretending to be part of the United States of America has all us free citizens cringing in terror.

I'd sell them the damned things and tell Mass. to pound sand.
 
With both Kennady & Kerry representing Mass, how could it be anything else but an anti standard-capacity magazine state?

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