LE high cap mags illegal ?


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22/22mag
August 25, 2005, 01:26 PM
Is it still illegal to use LE high cap marked mags if not a LE officer?

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atk
August 25, 2005, 01:30 PM
Only if you're in one of the states that has extended the Federal AWB, such as Massachusetts or California.

On the other hand, if you're in those states, you can try to make a deal with someone who has pre-ban, normal capacitiy mags, buying their old magazines for as much as (or a little more than) new mags would cost.

That's how I picked up a couple 16rd mags for my P99 :)



EDIT: Of course, beware of other local laws, as they may (and probably do) differ from MA, as PromtCritical points out, below...

Jim K
August 25, 2005, 01:32 PM
There may be some state or local laws on owning or using hi-cap magazines, but with the repeal of the federal AWB, the "LE Only" marking became meaningless.

Jim

Rinspeed
August 25, 2005, 02:02 PM
New York sucks as well.

C96
August 25, 2005, 03:06 PM
Assuming your profile is correct and you do live in Oregon, there are no problems
using "normal" capacity mags even if they might be labeled "LE Only" or some such.

allan

PromptCritical
August 25, 2005, 03:18 PM
<--- Oregon guy with two dozen LE marked mags of various types.

Residents of Kali beware! Buying pre-ban high caps is still illegal even if they have no markings and it can't be proven, with possession alone, that you broke the law.

atk
August 25, 2005, 04:25 PM
PromptCritical,

Oh! That stinks. Thanks for posting the correction - I wouldn't want to get any california folk in trouble...

In fact, I'm going to go edit my post a bit...

Taurus 66
August 25, 2005, 04:56 PM
I'm not advising anyone to do the same, but not so long ago at a range not so far away, I'd be coming in with the Colt HBAR and 3 - 30 round cap mags, picked a seat, then started setting up like it was nobody's business. The ROs looked over what I had and just didn't care that I had them. so long as I didn't rapid fire.

The law will prevent me from the really big things, for example: If NY bans the 50 BMG rifle, I wouldn't go blatantly disobey that law and purchase one just for the sake of, "In your face!". For the small, petty ante, nickel and dime issues like magazine restrictions, the state can say what they want about them while I do what I want with them.

Luchtaine
August 25, 2005, 05:02 PM
Yeah well California the Magazine issue isn't petty. You'll have bill Lockyer all over you from what I have heard he takes as many of these cases personally as he can. The Punishment is 15 years too, just for a high cap magazine.

Taurus 66
August 25, 2005, 07:32 PM
Well you wouldn't have to show it off, or would you? How can the state of California bust you for something they don't know you have? I suspect you want the mags primarily for SHTF. Am I correct, or do you want these for hunting purposes? If it's the latter, it shouldn't require any more than one shot to kill the animal.

MountainPeak
August 25, 2005, 07:55 PM
Taurus 66, you hunt a LOT, right?

50 Freak
August 25, 2005, 08:24 PM
Yeah well California the Magazine issue isn't petty. You'll have bill Lockyer all over you from what I have heard he takes as many of these cases personally as he can. The Punishment is 15 years too, just for a high cap magazine.

Can you show me where you got this little peice of info. Can you cite some cases where Lockyer has gone after someone "personally"? I've been in Cali all my life and have high caps up the ying yang. I take them with me to the range all the time. Have shot against LEO's in competition and never once have I been challenged about my high caps. If the mag is not serial numbered how can anyone prove when you bought the mag or not? (different story if they are marked "law enforcement only"). I'm not advocating that you make a run for the border and bring back truck loads. But if you legally own a high cap what the heck do you have to worry about. Stop fear mongering.

Standing Wolf
August 25, 2005, 08:42 PM
Where's it say all that !@#$%^&! in the Second Amendment?

PromptCritical
August 25, 2005, 09:14 PM
That's the rub. High caps are technically illegal. However, there are no quick ways for the state to prove that you obtained them after the ban. Kali residents are still innocent until proven guilty, right? Things that they could use would be your age when the ban was enacted (for those who were under 18 at the time of enaction), people using mags for guns bought after the law was passed, and so forth.

Taurus 66
August 25, 2005, 09:23 PM
Taurus 66, you hunt a LOT, right?

Nope. I used to hunt a little. Woodchucks, groundhogs, and crows, and any other nasty arse creature not protected. That was many years ago. Now I just target practice. Why do you ask?

50 Freak
August 26, 2005, 04:00 AM
That's the rub. High caps are technically illegal.

Not to nick pick, but high caps are not illegal. The sale of high caps within the state of CA and a couple of other states are illegal. Those high caps legally possessed before the ban are LEGALLY grandfathered in by law. Legal to own and legal to use.

Now the if you are "caught" with a high cap. It is up to the state to prove that you bought it after the ban was enacted in 94. Since high cap mags have no serial numbers, it is very very difficult for the state to prove anything. Unless you have one of those "law enforcement only" mags (which were created after the ban). If that's the case, you deserve to go to the slammer for stupidity.

I'm only talking about CA here as that is where I live the laws I know for sure.

outofbattery
August 26, 2005, 07:51 AM
Only if you're in one of the states that has extended the Federal AWB, such as Massachusetts or California.

MA has their own ban , it was concurrent with the AWB but is state law.Prior manufacture normal cap mags are legal : as examples one can buy a WASR with 30 round mags and Glock refurbs ( can't buy new ones ... ) come with brand new normal cap mags that were according to Glock,made before the ban was enacted.

armoredman
August 26, 2005, 10:19 AM
AZ couldn't care less how many rounds you can stuff in a magazine, or what markings are on it, just that you don't shoot people with it, that didn't need shootin'. :p

atk
August 26, 2005, 10:41 AM
outofbattery,

I thought the MA law directly referenced the Federal AWB, and that the bill passed prior to the sunset of the Fed AWB explicity referenced the version of the version of the Fed AWB (by year) which it would continue to be based off, so that it the state law wouldn't sunset, as well, thereby extending the AWB. Am I wrong?

RavenVT100
August 26, 2005, 10:48 AM
Since NJ's limit is 15 rounds, you can have the "cop mags" if they're 15 or under. The state doesn't care what it says on the mag, just how many rounds it holds.

Of course if you get caught with a mag like that in NJ the cops will probably put you in jail and then let the "DA sort it out."

afasano
August 26, 2005, 10:56 AM
Pennsylvania is OK with hi-cap only marked mags too I have one :neener: .

KAR120C
August 26, 2005, 11:39 AM
Guys... they aren't "high cap" magazines. They are standard cap magazines., :banghead:

We validate the bogus AWB law every time we buy into their politically loaded verbiage. When ever you use the term "high cap" Sarah Brady gets one more point in her propaganda column.

Wouldn't you love it if every time the anti's had a discussion about places that prohibit carry they used the term "victim disarmament zone"???? Don't you think they love it that we hurt ourselves by adopting their inaccurate and loaded term? For a group of people that take terminology seriously (how many times have we chastised for using "clip" instead of "mag"?) it astounds me how we've rolled over on this issue without even realizing it. :mad:

How about we start a contest here to come up with a good phrase for the neutered 10 round magazines that were temporarily mandated, then promote its use here? Can I get an Amen?

armoredman
August 26, 2005, 03:17 PM
I call them Clintonized magazines.

armoredman
August 26, 2005, 03:18 PM
Oops - "amen".

ctdonath
August 26, 2005, 07:53 PM
"Law Enforcement Only" type markings have no legal meaning.

The marking may, however, indicate the item was made after a certain date and thus may be banned in some jurisdictions.

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