Is a magazine a firearm or weapon?


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.cheese.
February 22, 2007, 07:47 AM
Does a magazine legally constitute a firearm or weapon? I ask because I am at school and my car is parked off campus with an empty Glock magazine that needs to be shipped to Glock. It just dawned on me that there is a USPS office on campus, so I was wondering if it would be legal to get the magazine and ship it from the on-campus USPS office?

And if the answer is it's not legal - what if I take it apart so it's just a plastic tube, three plastic pieces, and a spring?

I'm hard pressed to think an empty magazine would be considered a weapon or firearm, but with some of the laws on the books I've seen, I wouldn't be surprised if it is legally considered so.

Let me know. If it's legal I'll just ship it from here rather than go to a separate USPS office.

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pacodelahoya
February 22, 2007, 07:51 AM
Depends on the state.

As far as shipping it USPS, it is just parts.

.cheese.
February 22, 2007, 08:06 AM
Oh yeah - state is Florida btw. city is Miami in case it matters.

shield20
February 22, 2007, 08:21 AM
A magazine is neither. In NY, if it held more then 10 rounds AND was made after 1994 it would be a "Large capacity ammunition feeding device" - period.

If florida has similiar restrictions (which they don't) it would be an issue. Is NOT be in your case.

http://www.atf.treas.gov/firearms/statelaws/22ndedition/florida.pdf

(6) "Firearm" means any weapon (including a
starter gun) which will, is designed to, or may
readily be converted to expel a projectile by the
action of an explosive; the frame or receiver of
any such weapon; any firearm muffler or firearm
silencer; any destructive device; or any machine
gun. The term "firearm" does not include an
antique firearm unless the antique firearm is
used in the commission of a crime.

(13) "Weapon" means any dirk, metallic
knuckles, slungshot, billie, tear gas gun, chemical
weapon or device, or other deadly weapon
except a firearm or a common pocketknife.

.cheese.
February 22, 2007, 08:31 AM
thank you sir. For the moment unless I hear otherwise I'll take your word for it (and the ATF's).

I'm going to check online for the University regulations and make sure the word "magazine" isn't listed in there either.

If not, I'll mail it later today. :)

Jorg Nysgerrig
February 22, 2007, 08:46 AM
This wasn't particularly difficult to find.

Florida defination of a firearm (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC001.HTM&Title=->2006->Ch0790->Section%20001#0790.001)

(6) "Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.


This link tells you it doesn't matter that you are in Miami. (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC33.HTM&Title=->2006->Ch0790->Section%2033#0790.33)

ConstitutionCowboy
February 22, 2007, 09:35 AM
You know, like a PEZ dispenser. I'm gonna find one that will hold my Luden's Throat Drops and carry them around in that. I wonder how many heads will turn when they see it... If any.

Woody

Thin Black Line
February 22, 2007, 09:41 AM
Good idea. I'll paint some 9mm hi-cap mags in bright colors, put a little head
on top and start carrying jelly beans in them.

stevemis
February 22, 2007, 01:21 PM
Parts is parts. It's not a firearm, and it's not a weapon until you beat someone with it.

Kevlarman
February 22, 2007, 01:55 PM
You know, like a PEZ dispenser. I'm gonna find one that will hold my Luden's Throat Drops and carry them around in that. I wonder how many heads will turn when they see it... If any.

Hey, that's a good idea!
I wonder if a .22LR mag will hold Tic-Tacs? :neener:

geekWithA.45
February 22, 2007, 02:07 PM
While not enacted into statute, the Maryland AG is of the opinion that a magazine with cartridges in it consitutes a loaded firearm, and I believe that was upheld in court.

.cheese.
February 22, 2007, 03:22 PM
Well, I shipped it. Got a bit of a look from the postal worker, but I'm not in jail, so I assume all is well.

Jim K
February 22, 2007, 03:30 PM
Is a magazine a weapon? A gun magazine may not be, but I was taught how to use a rolled up copy of Life as a pretty deadly weapon. I think I could still make an attacker uncomfortable, though the smaller size magazines today won't work as well as the "high caps" (Life, Look, Saturday Evening Post) of the 1950's. The neat thing about a magazine for defense is that if the cops say anything, you can cite freedom of the press.

Jim

Zero_DgZ
February 22, 2007, 04:04 PM
Legally, probably not. However, try to ship it on campus and you'll probably get a hysterical "OMG GUN PARTS!!!!111one!!!" response and it'll be more trouble than it's worth. You have a car; How far is the next real post office?

.cheese.
February 22, 2007, 04:50 PM
Actually it's pretty close, it's just in a nasty area in which that magazine would be better loaded. ;) I'd say 3 miles.

I figured if people saw somebody would freak out, so I got the box from the USPS office, folded it up, took it to my car off campus, put the mag in the box, then went back on campus to the USPS.

Total time saved, I don't know. I am still on campus though working so had I not mailed it, it wouldn't be going out until tomorrow.

Jorg Nysgerrig
February 22, 2007, 04:56 PM
This is quite possibly the most drama ever incurred over mailing a magazine.

Why would you get a look from the postal worker? Did you say, "Don't mind me, I'm just shipping this MAGAZINE for my GLOCK! That's a GUN, by the way."

.cheese.
February 22, 2007, 08:08 PM
I called it "A piece of plastic and a letter".... could have added the word "spring" to make it more accurate..... she saw Glock on the front though and I guess it just triggered a knee-jerk reaction from what people see in the movies.

I made sure though to pick the smallest box possible so it was clear that there was no gun in there. Although I suppose you could have fit a P3AT or similar in the box.

davhina
February 22, 2007, 09:13 PM
a magazine is a box that holds ammo...a clip holds ammo that can be inserted into a firearm..so therefore a magazine is not a weapon, but a place to store ammo duh:cool:

antarti
February 22, 2007, 09:38 PM
Actually it's pretty close, it's just in a nasty area in which that magazine would be better loaded. I'd say 3 miles.
I'm going to make a wild guess here and say you're at USF, in which case you're better off using the campus post office than going off college hill and into "Suitcase City".

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