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Places that allow concealed/open carry but restrict mag capacity to 10

Discussion in 'Legal' started by leadcounsel, Mar 6, 2011.

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  1. leadcounsel

    leadcounsel member

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    Are there any locations that allow open or concealed carry but restrict magazine capacity to 10 rounds? I'm thinking of possible local laws that retain some of the old Assault Weapon Bans (I believe Denver prohibits mags greater than 20 rounds, can't recall...).

    The reason I ask is that if there are locations like this, it would make sense to keep some 10 round mags or have a different carry piece (like a revolver or a 1911).
     
  2. hso

    hso Moderator Staff Member

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    If I recall correctly the only states with magazine capacity restrictions are Ca, Mass, and New York. Specific municipalities would be the obvious Chicago and its satellites.
     
  3. Flyincedar

    Flyincedar Member

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    Cincinnati has a high cap mag ordininace here in Ohio, which it is illegal for them to enforce. The State of Ohio passed ORC 9.68, making state firearms laws preempt ALL local oridinances. Simply put, no locality can have more restrictive laws than the Ohio Revised Code.

    Last I heard, Cincinnati was still pretty much thinking they were above state law. Ohioans for Concealed Carry is in the process of getting this changed, but it takes time.

    Fortunately for Ohio residents, the state also added in to ORC 9.68, that if any locality violates this, and the citizen is proved to be right under State law, that locality must pay all of the citizens legal fees. Obviously, you would have to put the money out first, but if you are doing what is right under state law, which is pretty black and white on that point, you will be good to go in the end. Unfortunately, you've gotta have money up front in order to prove your point, or get a lawyer that knows and supports ORC 9.68, and is willing to take the case knowing he or she will get paid in the end.
     
  4. rscalzo

    rscalzo Member

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    NJ restricts to nothing exceeding 15 rounds.

    Actually some states have lower rates in many categories per thousand. But Vermont has an extremely low Car Theft rate. no where to drive them I guess.
    http://www.census.gov/compendia/statab/2011/tables/11s0304.pdf
     
    Last edited: Mar 6, 2011
  5. Kingofthehill

    Kingofthehill Member

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    Believe it or not, California is Open carry and 10rd mag limit.
     
  6. rtroha

    rtroha Member

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    Ohioans for Concealed Carry doesn't need to do anything. Just last December, the Ohio Supreme Court stated the ORC 9.68 (state preemption) is valid. All city gun ordinances are null and void.

    http://www.supremecourt.ohio.gov/Cl...2009&number=2280&myPage=searchbypriorcase.asp
     
  7. rtroha

    rtroha Member

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    Open Carry is legal in Ohio, but the state does have this little magazine restriction:

    http://codes.ohio.gov/orc/2923.11
     
  8. thorn726

    thorn726 Member

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    CA is UNloaded open carry, or open in counties with less than 200 000 people (not sure there are any left with that few) and then we have the forests where you can do what you want, but that is technically Fed land. Also pre ban mags are OK if you owned them pre ban.
     
  9. Quiet

    Quiet Member

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    Hawaii has a may-issue CCW system and a 10 round magazine limit for handguns.
     
  10. bobbo

    bobbo Member.

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    Lots of folks like 1911's, or the small pistols developed during the national ban. Many of us use .38 S&W J-frames. 5 shots of +P is surprisingly effective.
     
  11. rromeo

    rromeo Member

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    That's not true. If you have magazines of greater than 10 rounds, you can use them.
     
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