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Legal issues to 33rd mag for CC?

Discussion in 'Carry Issues' started by Lindenwood, Mar 15, 2012.

  1. Lindenwood


    Oct 27, 2011
    Okay, so I started the thread in General Glocking about the practicality of a 33rd mag, which was actually a huge success as far as participation and information / opinion sharing. I ended up picking one up, based on the "have it an not need it" mentality which goes with carrying a firearm in the first place, not to mention wearing a seatbelt, locking my doors, paying for health insurance, etc.

    After previoualy rearranging my pocket organization (I EDC a lot of stuff in my pockets, lol), I can pretty easily carry it in my offhand front pocket, and still carry the spare G26 mag in the IWB pouch I have for it. I then realized it is actually surprisingly easy to carry concealed in place of that spare G26 mag, which would give me easier access and better retention than in the pocket, and obviously more rounds than the G26 mag.

    Since it isnt any more difficult for me to carry the stick mag, I have kindof conaidered doing it.

    However, my only remaining concern is image, regardless of how justified I was in reloading in the first place. The one particular scenario I mean is if, for example, the gunfight goes on long enough that I empty my initial 13 rounds, and so I lock in the 33rder. At some point before I empty the mag, the enemy is subdued to the point where all I have to do is hold them at gunpoint until the police arrive. Assuming it is otherwise a good shoot, how big of a legal issue could it be for the police to report that I had a 33rd mag locked in the gun whenever they arrived?

    I am honestly thinking that it shouldnt be much different than carrying a couple 17rd mags, though I know the idea of extra-capacity mags is somehow terrifying to some people, and that is my real concern.

    Specific cases would be preferred, but any experience or anecdotes about someone having these kinds of issues. Whether someone got in trouble for carrying several spare mags, or for using an aftermarket high-cap mag (like a drum in a Saiga or AR), it would all be good to know!

  2. xmanhockey7


    Dec 6, 2010
    I am not a lawyer but I don't think them finding you with a 33 round mag will lead to a lawsuit against you unless, of course, it's illegal in you state to have a mag with that capacity. A legal SD shooting is just that. Idk how good your state law is in regards to castle doctrine/stand your ground but most shall issue states will cover you. A lawyer can try to use anything against you if the case goes to court. I heard a case where a woman shot her husband and the prosecutor attempted to find her guilty for premeditated murder. One of the things brought up in court was the fact the gun she used had JHP and she shot him center mass. Now if it wasn't for the premeditated murder they probably wouldn't have sought anything just based on the JHP and center mass.

  3. Merkavaboy

    Merkavaboy Code-7A KUZ769

    If you decide to carry a 33 rounder, just be ready to be able to articulate to Judge and Jury why you felt it necessary to carry said magazine. An anti-gun prosecutor or plaintiff's attorney can easily make you look like a wannabe "Rambo" by simply calling a local LE Range Master as an Expert Witness who's agency issues Glocks and simply asking such questions as: Does your agency routinely issue 33 round mags for duty use? Does your agency even allow officers to carry 33 round mags on their duty belt? (I'm sure you get the idea).

    It might be better to just carry standard 17 round G17 mags instead of a 33 rounder.
    Last edited: Mar 15, 2012
  4. Lampshade


    May 11, 2010
    Even as someone that carries a gun, if someone tells me they carry a 33 rounder for EDC I'm at best going to think they're a weirdo.

    As long as the mag is legal in your area, there's no statutory concerns, just concern over how others will perceive your carry choice.
    Last edited: Mar 15, 2012
  5. cowboy1964


    Sep 4, 2009
    I'd rather have 2 17 rounders than 1 33 rounder. For one thing it's one more round (and apparently round count is important to you). For another it provides extra redundancy. For another the "weirdo" factor goes away.

    Out of curiosity, what ammo do you carry?

    Here in Ohio the mag itself is legal but if you were to load 31 rounds in it you would be committing a crime. No way I would even open myself up to such an allegation.
    Last edited: Mar 15, 2012
  6. Glockrunner

    Glockrunner HOOYA DEEPSEA

    Sep 10, 2001
    Get rid of the 33 rd mag for for CC.
    Carry two 17 rd mags instead.
    If you have a malufunction in the magazine (any back up mag), you're the screwed pooch.
    Carry two and if that situation should happen, you'll have a fresh mag to go to!
  7. jack76590


    Aug 15, 2004
    If you believe the BG could get within arms reach, then the 33 rounder could make it easier to lever the glock out of your hand. Also if you are moving the longer mag could catch on something. Still in cases of a static defense or even where you feel the need for a lot of ammo on tap the 33 rounders has advantages. But overall I see it as a special situations item. Or to drive Brady bunch people mad.
    Last edited: Mar 15, 2012
  8. HexHead


    Jul 16, 2009
    We should all carry them. Maybe it it'll give Carolyn McCarthy a stroke?
  9. Lindenwood


    Oct 27, 2011
    Hmm. Yeah I might just keep using the second G26 mag as a spare (both of them with +2s, though). The option for pocket-carry of the 33rder still exists for any special occasions, of course.

    On a related note, two more questions:
    1) What do you guys think of keeping it loaded in the G26 for HD (my only defensive firearm is my G26)?

    2) Do you guys think this kind of negative image would apply to those who, for example, keep a long gun in their car in addition to their handgun?

    Cowboy 1964, I am currently carrying 124gr Golden Sabers, standard pressure. I go back and forth between those and XTPs, though (I like the XTPs for their consistent performance and deep penetration).
  10. I have a few of the 33 round Glock mags and have never used any of them yet. I also have other large capacity pistol mags I have used in carbines.

    My feeling about the large pistol mags is that they may have reliability problems. I have had a few bind up on the range.

    I do not prepare to fire that many rounds in a defensive situation. If I did want to lay down tons of fire, I would go with several smaller magazines before a single big one.

    I also would not want to have to deal with explaining why I needed the 33 round mags. It may make it look less likely that defense was the goal.

    I think carrying the standard load a police officer carries is fine and reasonable. If I needed more, I should carry a rifle and travel in a squad.

    Maybe it is time to do some additional training and consider the tactics of surviving as a civilian.

    Out there in fly-over country...
  11. Lindenwood


    Oct 27, 2011
    Please don't assume I haven't :) . But, all the training in the world doesn't matter if I run out of ammo before I am done needing it, heh. I suppose I could break out the throwing knives at that point, but let's call that a quarternary option :p .

    Basically, nobody has ever wished for a smaller gun or less ammo during a gunfight. Beforehand they might complain about the extra weight or bulk, and afterward (for a civilian) they might complain about any legal reprocussions. I am not discounting those things--I wouldn't have considered carrying the 33rder until I doscivered how easy it was, and I am obviously concerned enough about the legal issues to not carry it--but again, the original justification was simply to have it and not need it :) .
  12. EAJuggalo


    Jan 17, 2005
    Eagan, MN
    What is the political climate in the area you're usually in? That is going to be the biggest factor if you ever need to use it in a defensive situation. Remember that the prosecutor can bring it up if he chooses and the jury will decide if it means anything. Now in some areas where people are just plain scared of guns it will carry more weight than someplace where there's more than a fair chance one of the jurors carries.

    I do know a State Trooper from IN that carries a 31rd mag on his belt, I gave it to him.
    I would remove the +2's from any magazine you're going to stake your life on. I want the gun as it's designed to run from the factory, same reason I don't mess around with the trigger, recoil spring, barrel or anything else.
  13. Bill Lumberg

    Bill Lumberg BTF Inventor

    Jun 14, 2002
    If it's legal, have fun with it, but it's hilarious. Unless you live in Afghanistan, it's just a odd, contrived choice for permit carry.
  14. RyanNREMTP

    RyanNREMTP Inactive/Banned

    Jun 16, 2007
    Waco, Texas
    Is the area you live in that bad?
  15. Lindenwood


    Oct 27, 2011
    I live in Oklahoma, and have had nothing but positive responses to my CCW and NRA stickers in regards to interactions with LEOs. I am really only worried about the judge or jury in a civil court being swayed by the emotional appeals of some misinformed prosecutor.
  16. Warp


    Jul 31, 2005
    I mentioned this is a somewhat similar thread recently, but if it's that bad where you live/go, assuming not being there is not an option at this point, I thinks a kevlar vest would be a good idea. If the gunfight is such that you run through your 13 or so rounds, reload and keep shooting there is a decent chance you will get shot.

    Personally I don't see any good reason not to simply carry an additional (full capacity but standard dimensions) magazine or two whose much more typical length makes carry/concealment a lot easier...but to each their own.
    Last edited: Mar 16, 2012
  17. Lindenwood


    Oct 27, 2011
    Oh, I thought you guys meant the political climate. No, this area is quite safe, but statistics don't mean jack to the person getting stabbed.

    Again, there isn't a perceived need for the mag. It is just that, since it doesn't bother me any more than carrying the much smaller mags, why not**?

    **This is the question I was trying to answer :) . Whether or not there was a drawback to carrying the larger mag as a spare. Again, comfort and concealment are not problems. I am wearing it under a t-shirt right now, actually, and it is not printing, or causing any more discomfort than anything else I carry. The only thing I was worried about was whether or not it could become a legitimate issue in court.

    I don't have any other mags except the two G26 mags and the G18 mag.
  18. Warp


    Jul 31, 2005
    How do you carry a 33 round magazine such that it is not less comfortable than a 10 round G26 mag?
  19. Jason D

    Jason D INFRINGED Silver Member Millennium Member

    Jun 16, 1999
    Mivonks, MI
    I got a bunch of those.
    I never carry them, but mostly own them because it pisses the anits off.
  20. Gallium

    Gallium CLM

    Mar 26, 2003
    Having the freedom and ability to choose is great. Time, finance and the ability to schlep equipment is always finite, which tends to reduce our gear to a finite set, or combinations of sets.

    I fear your choices on weaponry and reloading/etc are being driven by scenarios which are statistically remote and improbable.

    Have you considered that in a gunfight where you needed to reload and shoot again, that someone else is most likely shooting back at you, and that you, or someone in your immediate circle might get hit? Have you made any provision (training, gear, mindset) for this actual more probable possibility?

    All the bullets in the Kingdom can't save you if one went thru your chest, and you don't know how to deal with that.

    My thought process is, if I needed a 33 round mag outside of my house, chances are, I blew the "situational awareness/avenues of avoidance/retreat" big time, and I'd be longing for something with

    • 9.5" + barrel
    • muzzle velocity >>2400fps
    • shoulder stock
    • a sling
    and a whole lotta luck.