Re: High Capacity Firearms Magazines
From: Martin Stark (MStarkCopper.net)
Date: Mon, 18 Sep 2006 09:20:58 -0700 (PDT)
I agree that more rounds are preferable to fewer. And, yes, Massachusetts is a "retreat or flee" state.

BRIGANDBAR [at] aol.com wrote:

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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