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Is a 9/13/94 dated mag preban?

7K views 24 replies 14 participants last post by  Butch  
#1 ·
I have posted similar question on other boards and answers vary.
I live in NY state (not in NYC)
I came across a G21 mag that says 9/13/94 LE/Gov Restricted Use
NY still has a AWB that will probably last forever.
The NY AWB was pretty much an exact copy of the federal AWB except no sunset.

actual NY law reads:

<snip> "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four," <snip>
Note that nothing is mentioned about LE marking or dates on mags in the AWB

So as I read the law, anything made 9/14/94 and later is "ban", and anything made up to and including 9/13/94 is "preban"

If this is the case why put LE/Gov Restricted Use on a preban mag?

Did Glock put diff dates on Mags during the ban? Is this a screw up?
 
#2 · (Edited)
In your state because of the ban, A magazine lables LE/Govt. can only be possessed by LEO or Govt. You may end up in trouble if you get caught with a LE/Govt only magazine.

I am pretty sure that if you have a pre-ban magazine with high cap., you are supposed to of owned it before the ban took place.

Glock did date the marked mags they are "ban mags", don't think it's a screw up.

Here's a pre-ban mag NOT restricted to LEO/Govt use. :
Image
 
#4 · (Edited)
In your state because of the ban, A magazine labeled LE/Govt. can only be possessed by LEO or Govt. You may end up in trouble if you get caught with a LE/Govt only magazine.
OK, if you are right, then where is this written?
This is my point.
I cannot find it written in law anywhere.
Everybody just knows it's a fact.
It is not a preban magazine, period.
Saying it does not make it so.
NYS law says nothing (that i can find) about LE/Gov markings, only that anything after 9/13/94 is banned. It should not matter if it was signed by Bill Clinton himself, or the entire cast of J.C. Superstar. It is dated 9/13/94, BEFORE the (NY)ban.
I need to know for sure.
 
#5 ·
...

Saying it does not make it so.
NYS law says nothing (that i can find) about LE/Gov markings, only that anything after 9/13/94 is banned. It should not matter if it was signed by Bill Clinton himself, or the entire cast of J.C. Superstar. It is dated 9/13/94, BEFORE the (NY)ban.
I need to know for sure.

Ok Then. You saying it does not make it so. Can you please point me to that section of the Penal Code (I have Westlaw on the computer and the "black" Looseleaf Publications "Firearms and Weapons Laws" book right here.

Are you sure it (the penal code) does not say "on, or after"? :cool:
 
#7 ·
Ok Then. You saying it does not make it so. Can you please point me to that section of the Penal Code (I have Westlaw on the computer and the "black" Looseleaf Publications "Firearms and Weapons Laws" book right here.

Are you sure it (the penal code) does not say "on, or after"? :cool:
OK, here is a direct copy from New York Penal Code Article 265:

... 23. "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.
 
#10 ·
It was a violation of Federal Law for any civilian to possess one of those magazine during the 10 year period of 9/94-9/04. They are not considered pre-ban magazines, hence the dating on the tube. If you wish to argue with the New York Supreme Court, that is your right. Good luck, and goodbye.
 
#12 ·
Ok, here's a scenario... Guy breaks into your house. You shoot said intruder, and he dies from the wounds. That mag was in the gun. The prosecutor is major anti-gun, and takes the whole "for le/govt use only" thing and runs with it. Now you somehow have to educate a jury on that law, and convince them that it was legal for you to own that mag. Or, you could sell it and just buy a new mag and eliminate that potential issue. I know you didn't say you kept it in the gun, and it's probably far-fetched as well. But for me, if I owned a $25 item that I thought could potentially land me in jail or at the very least be a super headache to deal with in an event involving the police, I'd probably get rid of it in a heartbeat. Just sayin'.
 
#14 ·
Pre-bans are #1-2-3-4 and I am pretty sure #5 also even though it is a non hi-cap.

Indicators are the feed cut at the top, the placement of 9mm marking height on the face of the mag body and also the cuts / indents style on the side of the mag body.

Use this pic for referance:
Image


Late last year I had a long telephone conversation with an armorer in Smyrna, GA, who stated the same. He claimed that there is a large 'bin full of mags' in the shop, and that some armorers will pull parts from these assembled mags to jury-rig new mags. He also stated that Glock does not use the "Generation" terminology, and that it is essentially meaningless because Glock makes small modifications to its magazines constantly.
Anyone want anymore info?
 
#15 ·
Don't ya luv NY?
As a fellow New Yorker, I'd say since it it says LE only, I wouldn't carry it.
Not worth the hassle and believe me, if you wind up in a shoot and they see that on the mag, the DA will make an example of you. This is espically true if they are looking to get into the higher political arena, like say... washing Cuomo's *****.
 
#17 ·
A couple of points to be made here:
First of all I am actually of the opinion that said magazine is actually a "ban" mag.
Next, in court I do not have to prove my innocence, the state has to prove that I violated the law. The law says manufactured after 9/14/94. Mag says 9/13/94.
(9/13/94 < 9/14/94)
Malicious prosecution suits pay well and are usually settled out of court.
I doubt that a liberal DA would want to risk the NYS AWB constitutionality in light of the recent rulings on Heler and the Chicago case, but hey, liberal aren't known for using logic.
The NYS AWB is a poorly written attempt to disarm the masses.
 
#20 · (Edited)
I dislike the NY laws like everyone else - they don't make any sense and do NOTHING to prevent crime. If you get collared and need to hire an attorney, contact me.

A couple of points to be made here:
First of all I am actually of the opinion that said magazine is actually a "ban" mag.
Next, in court I do not have to prove my innocence, the state has to prove that I violated the law. The law says manufactured after 9/14/94. Mag says 9/13/94.
(9/13/94 < 9/14/94)
Malicious prosecution suits pay well and are usually settled out of court.
I doubt that a liberal DA would want to risk the NYS AWB constitutionality in light of the recent rulings on Heler and the Chicago case, but hey, liberal aren't known for using logic.
The NYS AWB is a poorly written attempt to disarm the masses.
 
#21 ·
I would not carry anything that might be remotely considered non-preban.

I never did understand the logic behind 10 rd limit for civilian but not for LE.
Are their lives more important?
Are bullets number 11 and up more dangerous than 1-10?

Anyway, I think we have all made our point.

It really doesn't matter if said mag is preban or not, its just not worth the headache.
Stupidity wins again, and its another chip out of the foundation of Freedom.
 
#22 ·
I totally agree with you. We need to get the laws changed here in NY but i don't know if that will ever get done!!!!

I would not carry anything that might be remotely considered non-preban.

I never did understand the logic behind 10 rd limit for civilian but not for LE.
Are their lives more important?
Are bullets number 11 and up more dangerous than 1-10?

Anyway, I think we have all made our point.

It really doesn't matter if said mag is preban or not, its just not worth the headache.
Stupidity wins again, and its another chip out of the foundation of Freedom.