Brady Law & High Capacity Pistol Mags


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armedpolak
August 11, 2006, 03:43 PM
So I understand brady-commie-law restricts the manufacture of high capacity magazines. Is it a federal law? Does it mean I can't buy a new ar-15 with 30 round magazine? How about pistol magazines. I would like my first hand gun to be say 9mm beretta, but with a real 15 round magazine. Can i get 15 round magazine somewhere? How about in Florida? :) Which is where I plan on moving very soon :)

*** JUST ADDED ***
How about full automatic guns? Silencers? Are those legal anywhere within US?

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Father Knows Best
August 11, 2006, 03:50 PM
must ... resist ... urge ... to ... correct ... terminology .... :banghead:

armedpolak
August 11, 2006, 03:53 PM
I'm very new to all this, so help me PLEASE :cuss:

DMK
August 11, 2006, 03:57 PM
So I understand brady-commie-law restricts the manufacture of high capacity magazines. Is it a federal law? Does it mean I can't buy a new ar-15 with 30 round magazine? How about pistol magazines. I would like my first hand gun to be say 9mm beretta, but with a real 15 round magazine. Can i get 15 round magazines somewhere? How about in Florida? Which is where I plan on moving very soon Here, fixed it for ya. :D

Just remember, a magazine is a box that contains and feeds rounds into a gun(it may be internal to the gun). A clip loads a magazine. Don't worry too much about it, even the manufacturers of the things can't get the terminology right.

At least you didn't call the AR-15 an assault rifle. ;)

The Assault Weapons Ban, was a federal law and sunsetted (expired) in Sept. 2004. Unless you live in, or are moving to Maryland, NJ, Hawaii, or California, (AKA "behind enemy lines") where they enacted similarly draconian state laws, for the most part you need not be concerned about such silliness. ;) ( Unless your local city or county makes up some regulation, which apparently some do. :mad: )

It's my understanding that some of the state laws are even stricter, since in some cases they make any possesion of a "high capacity magazine"(a relative term) illegal. Were you are correct, the federal AWB only made manufacture after a certain date(sept. 1994) illegal, only possesion of the contaband post '94 magazines was illegal, pretty much making the law impotent even from the anti-gun point of view.

Lupinus
August 11, 2006, 03:58 PM
hahaha

I believe what he is saying is it is magazine, not clip.

Zundfolge
August 11, 2006, 03:58 PM
The Brady Law gave us the so-called "Instant" background checks.


The Assault Weapons Ban gave us restrictions on magazine size (among other things), but it sunset in 2004 and therefore is no longer in force.


Various states (CA, NJ, and others) have their own versions of the AWB that restrict magazine size for both semi auto pistols and rifles.


Florida has no restrictions on magazine capacity. :D


mvorbrodt, go up to the link in the top right corner labled "THR Library" ... there's TONS of real good info there including a link to state AWB laws.

Oh, and welcome to THR :)

Henry Bowman
August 11, 2006, 03:58 PM
They are called magazines, not clips. Clips are something else and, despite widespead misuse, are really not interchangeable terms.

The Brady Law did not affect magazine capacity. It is the NICS background check thing. The Assault Weapons Ban of 1994 affected magazine capacity. It has now sunsetted, so there is no federal restriction on full capacity mags. Some states, however, do have bans in place.

sumpnz
August 11, 2006, 04:03 PM
You're a couple years out of date my friend. The mag cap restrictions, at least on the federal level, died with the expiration of the AWB in Sept. 2004. Prior to Sept 2004 the manufacture of new magazine for civilian use was limited to max 10 round capacity. LE and military were, of course, exempt. Back then, however, it was still legal to possess such magazines, and even sell them so long as they had been manufactured prior to Sept 1994. All of that is now moot thanks to Congress's refusal nearly 2 years ago to renew the legislation.

State laws are a whole 'nother ball of wax. States like CA, MD, NJ, ad nauseum still maintain their own restrictions. AFAIK FL does not have any magazine capacity restrictions, but IANAL.

leadcounsel
August 11, 2006, 04:03 PM
The Brady law AKA the Assault Weapons Ban sunsetted (expired) in Sept. 2004. Unless you live in Maryland, NJ, or California, (AKA "behind enemy lines") you need not be concerned about such silliness.

Not true.

Some places have local ordinances against certain weapons. I believe these local laws to be unconstitutional as they take away rights granted by the Feds. However, they are on the books.

As an example, in Denver Colorado AWBs and high caps (over 20 rounds) are illegal, as silly as that may seem.

AJ Dual
August 11, 2006, 04:03 PM
Clip, a stripper clip like for bolt-action rifles, or the en-bloc clip like you load the M1 Garand with from the top.

The Brady Bill/AWB banned MAGAZINES. An enclosed, spring loaded feeding device for ammunition. Some are removable, like semi-auto handguns, M16's, AK's etc.

Some are fixed, like the M1 Garand, SKS, and most bolt-action rifles.

You can use a CLIP, to quickly stuff rounds into a MAGAZINE.

It was Federal law that in '94 they had to stop making magazines over 10 rounds for any semi-automatic firearm, unless they were marked "LEO and MILITARY ONLY". All magazines made prior to '94 were still legal to buy, sell, and own.

In 2004, the bill expired as there was enough pro-gun votes in the House of Representatives to prevent the bill from being renewed. (Pro-gunners, and "moderates" put the 10 year sunset into the bill to give a chance to see if it did any good.... None obviously)

During the '94-2004 "ban", the prices went way up in some cases, but there were plenty of magazines over 10 rounds for the firearms that took them, for anyone who wanted them badly enough.

Some states (and some cities) like California have thier own 10 round limit, and those haven't expired. However, most states aren't any stricter than Federal law.

DMK
August 11, 2006, 04:16 PM
The Brady Law gave us the so-called "Instant" background checks.


The Assault Weapons Ban gave us restrictions on magazine size (among other things), but it sunset in 2004 and therefore is no longer in force.Hmm. I always thought they were tied together in the same legislation. I guess my memory ties them together because they were enacted around the same time. Man, I still remember those newspaper headlines. :mad:


Some places have local ordinances against certain weapons. I believe these local laws to be unconstitutional as they take away rights granted by the Feds. However, they are on the books.Good point. I shouldn't have made that blanket statement. Boy, I'm glad NC has laws that for the most part allow gun owners to avoid such nonsense.

Father Knows Best
August 11, 2006, 04:17 PM
Not trying to be a smartass, mv. I was trying to be funny. As you have seen, already, anyone who refers to a magazine as a "clip" on this board immediately gets corrected by a half dozen or more people. I was trying to make a joke about that reality -- not have fun at your expense. Sorry if you took offense.

Andras
August 11, 2006, 04:21 PM
Just for yucks, since I was looking at it earlier today, here is Maryland code on detachable magazines with a capacity over 20 rounds.

4-305. Detachable magazines - Prohibited.
(a) Scope of section.- This section does not apply to a .22 caliber rifle with a tubular magazine.
(b) Prohibited.- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 20 rounds of ammunition for a firearm.
[An. Code 1957, art. 27, 36H-5(b); 2002, ch. 26, 2.]



IOW, you can own it, and you can bring them into the state, or you can go out of the state, buy them, and bring them back.

armedpolak
August 11, 2006, 04:22 PM
No offense taken:)
I'm just really curious about all this gun stuff :) I've always been a conservative, just never shot until 3 months ago... and fell in love with guns:p For a bunch of reasons I decided to move out of NYC and go to a more conservatife place in the US. I like Florida, so I'm interviewing there next week (wish me luck). And I want to make sure I will not move to a place which will rape my 2nd A's rights. Since unrestricted gun ownership is ONE of the reasons I'm moving. Well, all my reasons are very principle-based I must say. I escaped Poland 10 years ago to not live in comunism and post-comunism, and now I'm forced to do the same, excepth the place of offense/escape is NYC. That's all.

GeorgiaGlocker
August 11, 2006, 04:26 PM
Here in GA we have no restrictions on mag capacities. I can purchase a 9mm 33 round mag if I so desire.

WayneConrad
August 11, 2006, 04:27 PM
Don't call them "High Capacity Magazines." That is terminology invented by the anti-gun lobby to describe what is properly called a "Normal Capacity Magazine."

Tricky, ain't they? Don't fall for it.

DMK
August 11, 2006, 04:30 PM
For a bunch of reasons I decided to move out of NYC and go to a more conservatife place in the US. I like Florida, so I'm interviewing there next week (wish me luck). And I want to make sure I will not move to a place which will rape my 2nd A's rights. Since unrestricted gun ownership is ONE of the reasons I'm moving.You will enjoy moving out of NY to a less restrictive state, especially for the gun rights, but for other things too. I moved from NY to NC about 14 years ago. For a gun owner, moving out of NY to a place like FL or NC has the same feeling as getting out of public school on your last day in your senior year. :D

Good luck! When you get the job, I recommend celebrating by buying yourself an AK and a 75 round drum. ;)

mnrivrat
August 11, 2006, 04:48 PM
I believe what he is saying is it is magazine, not clip.


Who do I believe - you or a firearms manufacture that has been in business for over 100 years ?


OK ! OK ! Don't get your undees in a bunch ! LOL :evil:

Thefabulousfink
August 11, 2006, 05:03 PM
AWB neutered 10-round mag
http://www.ajaxgrips.com/0/ajax/default/proofs/24/110.jpg

Normal capacity mag
http://www.brownells.com/Images/Products/625000012.jpg

High Capacity mag
http://weareguns.com/Glmg17033-2.jpg

Edit: Well, better than nothing

Mot45acp
August 11, 2006, 05:06 PM
TEXAS BABY!!! At the last gun show I purchased 4 30 rd mags ( or clips or mechanical ammunition feeding device) for my M9 that work great, and one 15 for my P345 that doesnt work great. All for less than $100

Zundfolge
August 11, 2006, 05:34 PM
*** JUST ADDED ***
How about full automatic guns? Silencers? Are those legal anywhere within US?

YES! And IIRC, Florida is one of those places.

Full automatic and suppressors (yeah, someone's going to come along and correct that :p ) require a $200 federal tax, fingerprinting and federal registration of the weapon and signoff of your local Sheriff, Police Chief or DA. There are some states that restrict them.

There's more to it than that, but thats the basic info.

If you get a chance to check out that THR Library thing I told you about, you wanna clik on a link called "NFA primer" over on the left side of the page (under RKBA Links).

better yet go here http://www.recguns.com/Sources/IIF1.html
and here http://www.mp5.net/info/sbsconr.htm

sacp81170a
August 11, 2006, 06:01 PM
OK, everyone, repeat after me:

If a firearm is designed to accept a 15 round magazine it is a STANDARD capacity magazine, not a *high* capacity magazine. Anything less, like a 10 round Brady compliant magazine is a REDUCED capacity magazine.

I refuse to cede the terminology to the gun grabbers. If a 30 round magazine is standard, it is NOT a high cap, it is a STANDARD cap.

:scrutiny:

Rant over.

mp510
August 11, 2006, 06:08 PM
Not true.

Some places have local ordinances against certain weapons. I believe these local laws to be unconstitutional as they take away rights granted by the Feds. However, they are on the books.


In Connecticut, we are allowed standard and high capacity magazines but many guns have been dubbed assault weapons and are thus banned.

We get to have full autos, and other NFA items however the full autos must be not be capable of select fire- they must be burst and/or full ONLY.

Diomed
August 11, 2006, 09:52 PM
We get to have full autos, and other NFA items however the full autos must be not be capable of select fire- they must be burst and/or full ONLY.

That makes less sense than usual, even for a firearms law. :scrutiny:

joab
August 11, 2006, 10:07 PM
Some places have local ordinances against certain weapons. I believe these local laws to be unconstitutional as they take away rights granted by the Feds. However, they are on the books.And Fla ain't one of them thank God.

No neutered magazine only laws here, Class III is legal here, CCW is shall issue, and we respect the right to self defense.
But open carry, is a misdemeanor except under certain conditions that don't apply to everyday life for most of us. but then again things are changing for the better here on a regular basis.

Ranges and gun shows are plentiful and just about everybody I know owns at least on gun or will soon.


What part of Sunshine were you looking at moving to?

Car Knocker
August 11, 2006, 10:45 PM
I believe these local laws to be unconstitutional as they take away rights granted by the Feds.

You lost me on this one. What rights might these be that the Feds granted us?

UnintendedConsequences
August 12, 2006, 10:53 AM
If there are "reduced capacity", AKA "Hoplophobe Liberal Neutered, Emasculated & Hysterectomied" magazines, then what is the "standard capapcity" magazine for AR, AK, M1A, FAL, MP5, UZI, Thompson, M1 Carbine, BAR/M60/M1918 and other rifles and the various semi-automatic handguns when there are belt-feed, Beta C and drum magazine options? Would that mean belt-feed is "unlimited standard firing capacity" and a 50 to 100 round drum mag is "standard capacity"?

Please bear with me as part of that above is an attempt at humor. I think an AK-47 with a 75 round drum is equiped with a "standard capacity" magazine and the 30, 40 and 75 round banana style magazines are "Atkins diet form factor magazines." An AR with a Beta C mag is the same thing to my mind.

Perhaps the drum and Beta Cs should be called "Reload Effort Saving Things" or R.E.S.T magazines. Then we can say, "Give it a R.E.S.T." with a whole new meaning.

smince
August 12, 2006, 01:46 PM
You lost me on this one. What rights might these be that the Feds granted us
I agree.

The 10th Ammendment states that any power not specifically delegated to the Federal government by the Constitution belongs to the states or the people.

But, hey, it's just a 200-year old piece of paper.:banghead:

armedpolak
August 12, 2006, 03:29 PM
I'm planing to go to Fort Lauderdale, I'm talking with a big software company there next week:D so wish me luck!

Can't wait to pack my stuff and go! Mailed florida CCW application today to!

joab
August 12, 2006, 05:42 PM
We have some guy's here from that area who can guide you to the proper shooting venues

hso
August 12, 2006, 05:52 PM
I understand brady-commie-law restricts the manufacture of high capacity magazine

You missunderstand, our new friend.

No federal law restricts magazine capacity any longer. The one that did was the AWB and it is gone, but it never restricted the manufacture of magazines with an ammunition capacity greater than 10 rounds. It did restrict who those magazines manufactured after the effective date could be sold to - You, me and almost any law-abiding citizen in the USA. Thankfully, the stupid thing had a limited life attached to it and it passed away. It also was never effective because it didn't limit sales of magazines made before that date and there were plenty to go around for most firearms.

State and local versions of it are still out there as they had no "sunset" provision.

benEzra
August 12, 2006, 08:38 PM
DMK, I just noticed that you're in NC. Whereabouts? I'm in the New Bern/Morehead City area (east coast, just shy of Atlantic Beach/Cape Lookout).

I think an AK-47 with a 75 round drum is equiped with a "standard capacity" magazine
I'd quibble with that, I think, since the 75-round drum was made for the RPK, not the AKM. The RPK just happens to use the same magwell/feed ramp design as the AK so that it can use AK mags in a pinch. Meaning, of course, that an AK can also accept RPK mags, which is why you can stick an RPK drum in an AK or a civvie AK lookalike. But it's still an RPK mag, so I'd call that "high capacity" in the context of an AK.

AFAIK, the standard capacity for all 7.62x39mm AK's was 30 rounds, except for the Hungarian tank crew guns issued with 20-rounders. 40-round box and all drum mags are RPK magazines.

sacp81170a
August 12, 2006, 10:49 PM
Please bear with me as part of that above is an attempt at humor. I think an AK-47 with a 75 round drum is equiped with a "standard capacity" magazine and the 30, 40 and 75 round banana style magazines are "Atkins diet form factor magazines." An AR with a Beta C mag is the same thing to my mind.

Your point is well taken. I was thinking more along the lines of handguns where an important design factor in the size and ergonomics of the grip is the number of rounds the magazine is designed to hold.

An "Unintended Consequence" (couldn't resist ;) ) of the 10 round limitation was the race to manufacture smaller and smaller semiautos with large caliber rounds designed around a 10 round mag. Of course, the Brady Bunch and their ilk began to scream and cry about the profusion of high quality "pocket rockets" that were "highly concealable" and available to us dangerous law abiding citizens. When they eliminated the competition to increase round count in standard magazines, good old American capitalism took over and proceeded to exploit the new market created by the socialist policy. Ain't democracy wonderful? :D

I agree with you that any magazine a weapon is designed to accept could be considered "standard capacity". Long guns are practical to carry and put to their intended use with a variety of magazines with differing capacities but handguns by their very nature are not. A Glock 17 with a 33 rounder ain't easy to conceal. So... when I was talking about "design" I should have specified handguns.

If you enjoyed reading about "Brady Law & High Capacity Pistol Mags" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!