Re: High Capacity Firearms Magazines
From: BRIGANDBAR (BRIGANDBARaol.com)
Date: Mon, 18 Sep 2006 08:51:10 -0700 (PDT)
I certainly am not familiar with the specific laws of MA, but remember,  this 
discussion is one about high capacity magazines in handguns, and the  
carrying of a "backup firearm". Please accept my answer in that context.
 
That having been said, I believe it reasonable to assume, within that  
context, that drawing and firing a number of rounds in excess of the 6 to 8  
rounds 
contained in a "single stack" magazine for a pistol or the cylinder  of a 
revolver would, at a minimum, constitute an equally serious offense under  MA 
laws.
 
I'm not advocating brandishing, or otherwise disclosing the presence of a  
firearm upon one's person in circumstances other than those that could  
potentially have the end result of the use of deadly force under permissible  
legal 
standards. I think that in the example noted, the necessity of the use of  a 
firearm in self-defense was successfully avoided, thus negating any advantage  
of 
a firearm equipped with the subject high(er) capacity magazines. There is  
little difference in not firing a self-defense weapon that contains 6 or 8  
rounds and not firing one that contains 14 or 15 rounds.
 
In all circumstances, the use of the minimum amount of force necessary to  
properly address the existent threat is the "preferred" modality of  
self-defense. Some states, I don't know about MA so I cannot speak to it,  
actually 
require one to retreat or flee rather than confront the  attacker with a 
response 
utilizing deadly force. Each individual must be  knowledgeable not only of his 
domicile state laws in these matters, but the laws  of each individual state 
wherein he/she elects to carry a personal defense  weapon.
 
Dr.  Steve

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