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Pre ban mags

Discussion in 'General Firearms Forum' started by Tacoma12, Apr 11, 2012.

  1. Tacoma12

    Tacoma12 The Dude Abides

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    Apr 3, 2012
    South Florida
    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.
     
  2. Jason D

    Jason D INFRINGED Silver Member Millennium Member

    42,005
    1,034
    Jun 16, 1999
    Mivonks, MI
    As far as I know the only state you couldn't would be california.
     


  3. WoodenPlank

    WoodenPlank Who?

    7,958
    3
    May 15, 2010
    NW Florida
    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.
     
  4. Alizard

    Alizard

    1,282
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    Apr 5, 2012
    Absolutely not in California, I advise you to check the state you are shipping it to.
     
  5. Alizard

    Alizard

    1,282
    2
    Apr 5, 2012
    Better read this:
    http://www.promagindustries.com/Articles.asp?ID=132

     
    Last edited: Apr 11, 2012
  6. Tacoma12

    Tacoma12 The Dude Abides

    196
    0
    Apr 3, 2012
    South Florida
    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.
     
    Last edited: Apr 11, 2012
  7. 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
     
  8. The_Gun_Guru

    The_Gun_Guru Ban Democrats!!


    NO!:wavey:

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




    Hope this helps.


    TGG
     
    hogship likes this.
  9. Tacoma12

    Tacoma12 The Dude Abides

    196
    0
    Apr 3, 2012
    South Florida
    According to that article I can legally ship them to New York (not NYC) as well as Massachusetts. Go Pats.
     
  10. TN.Frank

    TN.Frank Glock4Life

    5,697
    199
    Oct 11, 2004
    Avondale, AZ.
  11. Tango 1Zero

    Tango 1Zero Millennium Member

    654
    2
    Nov 8, 1999
    OH
    You can own them in Ohio. Toledo has a high cap ban and some companies just include the whole state.
     
  12. You cannot ship them to NJ either. 15 rounds or under is fine though.
     
  13. shadowman024

    shadowman024

    223
    0
    Feb 25, 2011
    you can gladly ship them to me up in mass ill pay the 30 bucks all day long
     
  14. clancy

    clancy

    4,287
    1,918
    Feb 16, 2011
    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
     
  15. 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.
     
  16. Alizard

    Alizard

    1,282
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    Apr 5, 2012
    Not correct. They would have to prove it was an illegal mag.
     
  17. CAcop

    CAcop

    19,942
    2,540
    Jul 21, 2002
    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.
     
    Last edited: Apr 30, 2012
  18. clancy

    clancy

    4,287
    1,918
    Feb 16, 2011
    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.