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Old 04-11-2012, 16:54   #1
Tacoma12
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Pre ban mags

I have a question I have not been able to verify, hopefully someone more experienced can answer it. I have sold a G19 pre-ban magazine to someone out of state, I live in Florida. Is it legal for me to ship it to a state where high capacity magazines are currently banned? (MA, HI, NY, NJ). Thanks.
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Old 04-11-2012, 17:05   #2
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As far as I know the only state you couldn't would be california.
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Old 04-11-2012, 17:34   #3
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Okay thanks
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Old 04-11-2012, 17:55   #4
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I'd suggest more thorough research first, as you could end up on the hook for shipping them into the state if they are not legal for whatever reason. Some states stipulate that the magazine had to be in the state before the ban date, not just made prior to. I think a couple states have even banned sale or trade of such mags after the ban date.
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Old 04-11-2012, 17:57   #5
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Quote:
Originally Posted by Tacoma12 View Post
I have a question I have not been able to verify, hopefully someone more experienced can answer it. I have sold a G19 pre-ban magazine to someone out of state, I live in Florida. Is it legal for me to ship it to a state where high capacity magazines are currently banned? (MA, HI, NY, NJ). Thanks.
Absolutely not in California, I advise you to check the state you are shipping it to.
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Old 04-11-2012, 18:30   #6
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Better read this:
http://www.promagindustries.com/Articles.asp?ID=132

Quote:
CoState Magazine Capacity Restrictions

Listed here are state laws restricting the sale of certain high-capacity magazines. These are state laws, sometimes there are county or city laws with stricter restrictions. It is your responsibility to be or become familiar with local gun laws.

California: We do not ship, sell, or offer for sale any magazines over 10 rounds to anyone in California or anyone using a billing address in the state of California.

Hawaii: We do not ship, sell, or offer for sale any magazines over 10 rounds that may fit a handgun to anyone in Hawaii or anyone using a billing address in the state of Hawaii.

Illinois: We do not ship, sell, or offer for sale any magazines over 12 rounds to anyone in Chicago, IL or anyone using a billing address in Chicago, IL. We do not ship, sell, or offer for sale any magazines over 15 rounds to anyone in Aurora, IL or anyone using a billing address in Aurora, IL.

Maryland: We do not ship, sell, or offer for sale any magazines over 20 rounds to anyone in Maryland or anyone using a billing address in the state of Maryland.

Massachusetts: We do not ship, sell, or offer for sale any magazines over 10 rounds to anyone in Massachusetts or anyone using a billing address in the state of Massachusetts.

New Jersey: We do not ship, sell, or offer for sale any magazines over 15 rounds to anyone in New Jersey or anyone using a billing address in the state of New Jersey.

New York: We do not ship, sell, or offer for sale any magazines over 10 rounds to anyone in New York or anyone using a billing address in the state of New York.

Ohio: We do not ship, sell, or offer for sale any magazines over 30 rounds to anyone in Ohio or anyone using a billing address in the state of Ohio.

Last edited by Alizard; 04-11-2012 at 18:33..
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Old 04-11-2012, 18:35   #7
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Okay I'll do a bit more research before I ship it. Thanks everybody

Update: I refused to ship it to Massachusetts. The guy was kind of annoyed saying that its totally legal, he has an FFL, etc. which may be true. But I'm not going to risk it for $30. Thanks for the info.
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Last edited by Tacoma12; 04-11-2012 at 21:54..
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Old 04-12-2012, 08:55   #8
ithaca_deerslayer
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It is perfectly legal to ship to NY state. And it is legal to possess high cap mags made on or before the magic Sept 13 1994 date.

265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third
degree when:
... (8) Such person possesses a large capacity ammunition feeding device.
Criminal possession of a weapon in the third degree is a class D
felony.



"Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, manufactured after September
thirteenth, nineteen hundred ninety-four, that has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition; provided, however, that such term does not include
an attached tubular device designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition
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Old 04-29-2012, 22:48   #9
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I found a site that breaks it down if anyone is interested.

http://www.lcav.org/content/large_ca..._magazines.pdf
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Old 04-29-2012, 22:54   #10
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Quote:
Originally Posted by Tacoma12 View Post
I have a question I have not been able to verify, hopefully someone more experienced can answer it. I have sold a G19 pre-ban magazine to someone out of state, I live in Florida. Is it legal for me to ship it to a state where high capacity magazines are currently banned? (MA, HI, NY, NJ). Thanks.

NO!

But it is the buyer's responsibility to know his state's laws!!!!!!




Hope this helps.


TGG
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Old 04-29-2012, 22:59   #11
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According to that article I can legally ship them to New York (not NYC) as well as Massachusetts. Go Pats.
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Old 04-30-2012, 00:07   #12
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Looks like a great reason not to live in any of those States.
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Old 04-30-2012, 00:27   #13
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You can own them in Ohio. Toledo has a high cap ban and some companies just include the whole state.
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Old 04-30-2012, 00:49   #14
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You cannot ship them to NJ either. 15 rounds or under is fine though.
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Old 04-30-2012, 10:51   #15
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you can gladly ship them to me up in mass ill pay the 30 bucks all day long
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Old 04-30-2012, 10:58   #16
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How can you tell if a mag is pre-ban? I had a NYS Trooper tell me once that if one is arrested for having a hi-capacity mag, it is up to him to prove the mag is pre-ban, not up to the legal system to prove it isn't
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Old 04-30-2012, 11:20   #17
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Quote:
Originally Posted by clancy View Post
How can you tell if a mag is pre-ban? I had a NYS Trooper tell me once that if one is arrested for having a hi-capacity mag, it is up to him to prove the mag is pre-ban, not up to the legal system to prove it isn't
That's a good legal question.

From the hobbyist perspective, there are certain manufacturing features that were only used in a certain time period. After that, when the law went into affect, all the "illegal stuff" was marked LEO only.

After the ban, some manufacturers created stuff that looks different from what they made before the ban.
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Old 04-30-2012, 13:02   #18
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Originally Posted by clancy View Post
How can you tell if a mag is pre-ban? I had a NYS Trooper tell me once that if one is arrested for having a hi-capacity mag, it is up to him to prove the mag is pre-ban, not up to the legal system to prove it isn't
Not correct. They would have to prove it was an illegal mag.
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Old 04-30-2012, 13:53   #19
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As far as I know the only state you couldn't would be california.
You can as long as it is disassembled prior to shipping. They are called "rebuild kits."

In CA magazines are not magazines until they are capable of feeding ammunition into a chamber. You cannot feed ammunition into chamber with a magazine in pieces.

There are a few companies that will sell mags in rebuild kits to those in CA. They of course charge a premium for the service.

People in CA buy them and then put them together in NV, OR, or AZ to use them. Then before they go home they take them apart again.

See calguns.net for further details.
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Old 04-30-2012, 14:00   #20
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But how does one "prove" a mag is pre-ban? Here in NYS, if you are approached by a cop and you are carrying(legally) you are supposed to let him know. I have a friend who did such, was put on the ground, cuffed, and his weapon pulled out of it's belt holster so the cop could check to see if it was indeed on his license. It was a J-frame revolver, so mag capacity wasn't an issue. But if it were a hi-cap mag, how would he be able to prove it was pre-ban. The local paper ran an article a few weeks ago about a guy who was arrested because he did the same thing as my friend, but had a hi-cap mag in his Glock, and was arrested, lost his permit and is looking at jail time because even thouhg he claimed it was pre-ban, it wasn't, at least according to the police.
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