High cap mags buying selling?


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RA40
October 14, 2005, 06:43 PM
From the Beretta page:
http://www.berettausa.com/media/news_articles_highcap.htm
High Capacity Magazine Ban Lifted

Effective the morning of September 14th, 2004, the United States Federal Government ban on the sale of high capacity magazines was lifted.

Residents of those States that do not have a State or Municipal law prohibiting the purchase or possession of high capacity magazines will now be able to purchase current production high capacity magazines.

With the sunset of the previous high capacity magazine ban, it is now also legal for civilians to purchase and possess high capacity magazines previously marked with restrictive wording such as "For Law Enforcement Use Only".

Beretta U.S.A. anticipates having high capacity magazines available for sale to the civilian commercial market by the end of the week of September 20.

Beretta Distributors and Dealers may still have inventories of handguns shipped prior to September 14th with reduced capacity magazines. Consumers purchasing a new Beretta Model 92, 96 or CX4 Storm between June 1 and October 31, 2004 that were shipped with lower capacity magazines are eligible to participate in the previously announced two free high capacity magazines redemption program. Please see your Beretta Dealer or visit the Beretta Web Site for details of the high capacity magazine offer. This consumer offer is not retroactive to any purchase made prior to June 1, 2004.

Some states and municipalities retain limits on civilian magazine capacity. (For example, California, Hawaii, Massachusetts and New York restrict civilian magazines to no more than 10 rounds, while New Jersey and Maryland have 15 and 20 round restrictions respectively.) For this reason, Beretta U.S.A. will continue to offer models with lower capacity magazines for sale by Beretta Distributors and Dealers in those states.


Howdy- my first post here. Sorry if this has been asked in redundancy

My question as a resident of CA, I have some 10+ round mags that I am considering selling. Can these be legally sold to firearm owners other than those in California, Hawaii, Massachusetts, New Jersey & New York?

Pouring over page after page of the AWB leaves me :confused:

Thanks.

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RavenVT100
October 14, 2005, 06:47 PM
They're not high capacity magazines. They're normal capacity. Furthermore, the firearms they're used in are designed to work with those magazines. The castrated mags can in many cases cause malfunctions and unreliability.

Don't Tread On Me
October 14, 2005, 06:56 PM
.

RA40
October 15, 2005, 01:10 AM
Thanks for the terminology correction.

From one ofthe other threads:

12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:

(2) Commencing January 1, 2000, manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine.

[ An exception ] (b) (23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state.

(c) (25) As used in this section, "large-capacity magazine" means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:
(A) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
(B) A .22 caliber tube ammunition feeding device.
(C) A tubular magazine that is contained in a lever-action firearm.

Okay...yet what is the interpretation for sales originating from CA to a state where there is no 10 round limit? A site that is updated for the Sept 2004 change would be appreciated.

Thanks.

Brian Dale
October 16, 2005, 01:22 PM
RA40,

First, welcome to The High Road!

With regard to your first post about the federal Civilian Weapons Ban, for buyers in states that do not have California-style, NJ-style state laws requiring shrunken magazines:

There was a federal law--the "Assault Weapons Ban"--which went into effect in 1994. It required a lot of dumb things. On of those things was that private citizens could only buy or possess mags holding 10 rounds or less, OR standard-capacity (13-round, 15-round, whatever) mags made BEFORE a date in 1994.

The law had a "sunset date" 10 years after the date when it went into effect.

The federal "Assault Weapons Ban" expired last September.

The federal "Assault Weapons Ban" no longer exists AT ALL; its provisions are now meaningless.

My belief WAS that you could sell standard-capacity magazines to anyone. Their local laws might forbid them from buying them or owning them (perhaps in NJ, for example, or in the city of Chicago -- I DO KNOT KNOW AND I AM NOT A LAWYER).

HOWEVER, your second post makes it appear as though California has made it a crime to sell your legally-owned property even to someone outside your state. :barf: I hope that I'm wrong and that someone with real knowledge of the issue will chime in with the correct answer.


So: Question 1: no problem.
Question 2: I can't help with California law; another High Roader or your state Attorney General's office will probably have definitive info.

Again, Welcome.

RA40
October 17, 2005, 05:10 PM
Thanks for the welcome Happy Bob. :)

This is reminiscent of the vehicle code. So many statutes exist and it is buried among tons of text. While it is doubtful a small transaction would elicit a response, it is the little things that come back to bite when taken so casually. I may well cut these in half to simply dispose of them...sad to have to do that though. :( Jail or fines isn't worth trying to lighten the load.

pete f
October 18, 2005, 01:21 AM
I think you can sell low cap mags to anyone. I can not imagine how any state can prohibit you selling a legal product in your state to a person who is legally allowed to own such a product in their own state.

I realize that PRK is really odd, but no way they can prohibit you from selling a cali legal product to another state where such a product is legal. imagine it as a car, a cali legal car is made to a stricter standard and you can sell it anywhere. To buy a non cali legal car and bring it into the PRK you are introuble. same with mags.

bountyhunter
October 18, 2005, 01:06 PM
From the Beretta page:
[url]

My question as a resident of CA, I have some 10+ round mags that I am considering selling. Can these be legally sold to firearm owners other than those in California, Hawaii, Massachusetts, New Jersey & New York?

Pouring over page after page of the AWB leaves me :confused:

Thanks.I'm in kali as well. I believe the answer to your question is that you may carry them out of state and sell them legally. If a high cap in any way changes hands from the original (pre ban) owner to any other person inside the state, it's a crime.

Call cali DOJ in sacto and ask. They are nice guys.

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