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Did I sufficiently 'neuter' my preban 30 round AK mag?

Discussion in 'Legal' started by jamesbeat, Jan 18, 2013.

  1. jamesbeat

    jamesbeat Well-Known Member

    I live in NY, and I think you all know what's happened here regarding standard capacity magazines...

    I have a 30 round AK magazine (pre ban) that I have a sentimental attachment to.
    Might sound weird, but I am from the UK and this magazine was part of my excercising of my newly-acquired Second Amendment rights upon moving to the States, so I'd like to keep it as a memento.

    I put the magazine into a C-clamp and squashed the walls inwards, preventing the follower from moving. I also ground away both front and rear locking lugs and sawed off one of the feed lips.
    There's no way this mag could ever be restored to working condition.

    Do you think this is sufficient to count as being 'destroyed' for legal purposes?
  2. Sam1911

    Sam1911 Moderator

    I think I'm going to cry. Or throw up. Or both.


    But I don't even know if there's any legal definition for what constitutes deactivating or destroying a magazine yet. Or, for that matter, you very well may have been able to install a pop-rivet like they do in California so it will only hold 7 rounds and kept right on using it!

    (Or wait out the grace period and see if SAF manages to get this law smacked down before destroying your own gear.)

    Guess it's too late for that, though.
  3. goldie

    goldie Well-Known Member

    You should have had it put in a mold & had acrylic injected in there, making a paperweight out of it....
  4. jamesbeat

    jamesbeat Well-Known Member

    Yeah, I felt a bit like crying and throwing up too.

    It's only a magazine, if the ban gets overturned I can buy another.
    I thought about trying to reduce the capacity, but it's not worth the hassle if I was ever in a situation where I had to explain it to a cop or in court.
  5. WardenWolf

    WardenWolf member

    You're still allowed to have it if it's permanently blocked to 7 rounds. I'd have put a crossbar in to keep the follower from going down past a certain point and had it welded in place. Easiest solution.
  6. jamesbeat

    jamesbeat Well-Known Member

    I did think of filling it with resin, but decided against it for two reasons; cost (resin is expensive) and reversibility.

    If you had a magazine filled with resin and dropped it in a container of acetone for a few days, you'd most likely end up with a fully functioning 30 rounder.
    After hearing the horror stories about NY cops duct-taping bayonets to rifles to prove that the ground-down bayonet lug still worked, I don't want to take any chances.
  7. Sam1911

    Sam1911 Moderator

    Then...why try the squashing plan? Any decent sheet metal shop, and many home handymen, could get that fixed well enough to make it feed rounds again. Really not even that hard to do.

    If you're that worried about it, get rid of it. Otherwise bide your time and don't do anything else rash until you HAVE to.
  8. rcmodel

    rcmodel Member in memoriam

    SO you squshed it in a vice??

    Thats just sad right there!

    You should have excercised your right to move to a free state, and kept your dang magazine in working condition as a reminder of the 2nd amendment rights you lost in NY!

  9. jamesbeat

    jamesbeat Well-Known Member

    That's why I also ground the locking lugs and feed lip away, so even if the mag was 'unsquashed', it still wouldn't work.

    Part of the reason I acted so fast was because there seems to be no agreement on when the magazine actually becomes illegal. I've read 30, 60, and 90 days, a year, and that it hasn't been decided yet.

    Imagine for instance turning up at a police station to turn a magazine in, and finding out you're a day late and getting locked up.

    Remember, I'm from England. I've had to destroy/surrender my property before and I know how this stuff goes down.
    I was in a gun shop in the UK once, and witnessed a guy who was on the verge of tears because he had been away on business for six months and arrived home to discover that he was a criminal for owning an air pistol.
    The guy in the gun shop was telling him to saw it into pieces before handing it in at the police station.

    I don't want my kids to grow up without a dad just because some cop drilled a pop rivet out of my magazine.
  10. loose noose

    loose noose Well-Known Member

    Like rcmodel said, you should have moved to a free State, I'm fortunate in that I lived in the western U.S. most of my life, and being a U.S. citizen I would be damned to give up any of my rights to any politician come hell or high water!:mad:
  11. Solo

    Solo Well-Known Member

    You should have just labeled it "For debate purposes".
  12. philobeddoe

    philobeddoe Well-Known Member

    Why don't you go onto some of the california firearms forums and see how we deal with restricted capacity magazine laws before you go crushing up your gear.
  13. Trent

    Trent Resident Wiseguy


    Reading this, I feel like someone kicked me in the jimmy.

  14. Arbor

    Arbor Well-Known Member

    If everyone gave up as easily as you, we would have no chance. This is not England.
  15. shotgunjoel

    shotgunjoel Well-Known Member

    Aren't old magazines grandfathered in? Otherwise wouldn't the state have to pay you fair market value for it upon confiscation? I don't know the wording of the law, but that's your Fifth Amendment right. "... nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
  16. jamesbeat

    jamesbeat Well-Known Member

    Not worth the risk for a $20 mag.
    I don't want to be the test case to determine if a pop rivet or a welded pin is 'readily reversible'...

    If I am ever able to legally own standard mags again, it's not like AK mags are hard to come by, there must be millions of them out there.

    My question was really more about whether what I did to my mag is sufficient to cover my a** from a legal standpoint?
  17. jamesbeat

    jamesbeat Well-Known Member

    I have a lot more to lose than you.
    Until I can apply for citizenship in a couple of years, I am a Permanent Resident and thus I would risk being deported and not being able to be with my wife and kids ever again.

    A $20 magazine is just not that important.

    Hopefully this silly law will be overturned, and then I will buy another one.
  18. Sam1911

    Sam1911 Moderator

    It certainly sounds like it, but without a legal definition of what "destroyed" means under that law in the state of NY, none of us can say for sure.

    The best way to be sure is to get rid of it. If you WERE hassled over it (assuming the law stands as written after all challenges) it would be worth enough to you in legal fees to go to court and fight the charge that you'd wish you'd just sold or given it to someone from PA, VT, NH, or some other less restrictive state.
  19. jamesbeat

    jamesbeat Well-Known Member

    Yeah, that's a good point.
    Maybe I'll take it to a police station and get a receipt for it.
  20. pseudonymity

    pseudonymity Well-Known Member

    60 days as far as I can tell. Sec 46a of the act adds a new section 265.36 to PL265 which makes it a class A misdemeanor to possess a pre-ban 10+ mag that can "be readily restored or converted to accept" more than 10 rounds. I am not sure anybody knows what "readily" means at this point.

    From a NY standpoint, a person that has a "reasonable belief" that the mag is not illegal and it notified by LE that it is illegal gets 30 days to "surrender or lawfully dispose" of it.

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