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LEO Mags

Discussion in 'Smart Shopper' started by Phydeaux, Oct 15, 2003.

  1. Phydeaux

    Phydeaux

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    I have a qestion for you LEOs (and/or lawyers) out there. I know that hi-cap (over ten round) mags manufactured after 9/94 are a no-no for non-LEO or non-FFL persons. I'd like to know details: like, is it illegal to possess one (I suppose they are marked "LEO only" or some such, as an identifier), or is it illegal to sell one, or both?

    The reason why I ask is that I recently met a guy who ostensibly has some of the above for sale, at very cheap (reasonable, in other words) prices. I haven't bought any (yet) for the obvious reasons. He says (of course) that they are not stolen, or otherwise obtained illegally, he discovered them in a box sitting in his Dad's warehouse. Should I, or not?

    Thanks in advance.
     
  2. yosuthnmasa

    yosuthnmasa

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    From my understanding, and from what others have told me, if you aren't LE you can't posses those LEO mags at all. I'm pretty sure that includes even buying them but not using them. I was thinking about buying a used gun from an individual (LE) on this board which came with 2 LE only mags and 2 regular mags. I asked him if I could buy the whole package and not use the LEO mags, or resell them, and only use the regular mags. He said I couldn't buy them at all and he didn't want to split up the whole package. Needless to say, I didn't buy from this person. I understand your concern and frustration. Someone please correct me if I'm wrong, but I don't think you can posses them or sell them at all. Here's a hypothetical situation: Lets say you are a civilian and the law doesn't prohibit you from buying them (but not using them), would the resell of the mags really make you a lot of money? Unless they are just dirt, dirt, cheap, I don't think you would make much money. LE can buy them at very, very cheap prices (compared to the pre-ban prices) as it is. IMHO, I wouldn't touch them!
     

  3. Nowhere Man

    Nowhere Man

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    Only if you want to be "Gellin' Like a Felon". Make that the KY type of gel.:)
     
  4. Ngkon

    Ngkon GOT AMMO?

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    First off the LEO mags cost the same as postban 10 rounders, paying any more would be getting ripped off. Second the only person NON LEO who can possess or sell them is an FFL holder.
    Nick
     
  5. czbillt

    czbillt

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    what is the penalty for a civilian/non-LEO/non-FFL dealer found to be in possesion of a "restricted post '94" magazine ? Is it really a felony ? Is that restriction enforced by local authorities or feds ? Just trying to satisfy my curiousity. Thanks in advance.
     
  6. Phydeaux

    Phydeaux

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    Yep, CZ, that was my concern, too. I was not planning on selling these, just having them because it's silly as hell to think that the 11th round is any more lethal than the first 10, and it's just another silly law. But it's not worth going to the Federal pen, and it's certainly not worth paying a hundred bucks for 3 extra rounds.
     
  7. Nowhere Man

    Nowhere Man

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    SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
    (a) PROHIBITION- Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection:

    `(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

    `(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.

    `(3) This subsection shall not apply to--

    `(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

    `(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

    `(ii) Action Arms Israeli Military Industries UZI and Galil;

    `(iii) Beretta Ar70 (SC-70);

    `(iv) Colt AR-15;

    `(v) Fabrique National FN/FAL, FN/LAR, and FNC;

    `(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon such retirement; or

    `(D) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.'.

    `(4) If a person charged with violating paragraph (1) asserts that paragraph (1) does not apply to such person because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of title 18, United States Code, shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).'.

    (b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE- Section 921(a) of title 18, United States Code, as amended by section 110102(b), is amended by adding at the end the following new paragraph:

    `(31) The term `large capacity ammunition feeding device'--

    `(A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

    `(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rim fire ammunition.'.

    (c) PENALTY- Section 924(a)(1)(B) of title 18, United States Code, as amended by section 110102(c)(1), is amended by striking `or (v)' and inserting `(v), or (w)'.

    (d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES- Section 923(i) of title 18, United States Code, as amended by section 110102(d) of this Act, is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured or imported after the effective date of this subsection, and such other identification as the Secretary may by regulation prescribe.'.
     
  8. czbillt

    czbillt

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    Thanks for the info Dave. Now, does this mean that if you are found to be in possesion of one of these mags, its a felony or misdemeanor ? Also, obviously, the BATF would enforce this restriction, but are local/state law enforcement agencies actively enforcing this ? Again, thanks for any input on this.
     
  9. Nowhere Man

    Nowhere Man

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  10. Phydeaux

    Phydeaux

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    Thanks. That covers it. The pleasure obviously ain't worth the (risk of)the pain.^3
     
  11. czbillt

    czbillt

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    You are definately right Dave. Thanks again for the info.