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Is a magazine a firearm or weapon?

Discussion in 'Legal' started by .cheese., Feb 22, 2007.

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  1. .cheese.

    .cheese. Member

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    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.
     
  2. pacodelahoya

    pacodelahoya Member

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    Depends on the state.

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

    .cheese. Member

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    Oh yeah - state is Florida btw. city is Miami in case it matters.
     
  4. shield20

    shield20 Member

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    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.
     
  5. .cheese.

    .cheese. Member

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    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. :)
     
  6. Jorg Nysgerrig

    Jorg Nysgerrig Member

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    This wasn't particularly difficult to find.

    Florida defination of a firearm

    (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.
     
  7. ConstitutionCowboy

    ConstitutionCowboy member

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    It Can Also Be A Caugh Drop Dispenser

    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
     
  8. Thin Black Line

    Thin Black Line Member

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    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.
     
  9. stevemis

    stevemis Member

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    Parts is parts. It's not a firearm, and it's not a weapon until you beat someone with it.
     
  10. Kevlarman

    Kevlarman Member

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    Hey, that's a good idea!
    I wonder if a .22LR mag will hold Tic-Tacs? :neener:
     
  11. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    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.
     
  12. .cheese.

    .cheese. Member

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    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.
     
  13. Jim K

    Jim K Member

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    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
     
  14. Zero_DgZ

    Zero_DgZ Member

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    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?
     
  15. .cheese.

    .cheese. Member

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    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.
     
  16. Jorg Nysgerrig

    Jorg Nysgerrig Member

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    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."
     
  17. .cheese.

    .cheese. Member

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    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.
     
  18. davhina

    davhina Member

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    magazine?

    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:
     
  19. antarti

    antarti Member

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    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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