Pre-ban 92FS mag in "ban-era" XD... legal in NY?

[Pete45]

Hi guys... I just wanted to pick your collective brain on the legal implications of a certain situation. This question has been on my mind since I read that you can modify a Beretta 92FS magazine to operate in a Springfield XD (Croation - HS2000).

I live in New York which has a State Assault Weapons ban currently in effect that is virtually identical to the, now sunset, Federal AWB. I have several (legal in NY) pre-ban mags for my 92FS. How would it be viewed if I modded one to fit a Springfield XD? Bear in mind that the XD started selling in the US during the era of the Federal AWB. Theoretically then, no factory made standard capacity XD magazine is legal here.

What do you all think?
- Pete45

 

[Technosavant]

If you have a 9mm XD, the .40 mags also work as larger-capacity magazines for the 9mm. You could almost certainly then obtain some 10 round .40 mags for cheap, and get about 12-13 rounds of 9mm into them.

 

[garyk/nm]

The way that I understand it (and I am by no means an expert) is that if the mag will still function in it's original weapon, then it is ok. If the mod makes it so that it will no longer function as original, then you have manufactured an illegal hi-cap mag. Someone please correct me if I am wrong on this.
As stated above, a 10 round (XD)40S&W mag will hold 13 rounds of 9mm. I use the 40 subcompact mag in my XD9 subbie as a 13 round mag. You may need to adjust the feed lips slightly for proper function.

 

[Graystar]

...if I modded one...

that's all you need to be in violation of the law.

 

[Pete45]

Kinda figured I'd get answers like GRAYSTAR's. Other guys... Wouldn't filling a .40 cal XD mag with more than ten (9mm) rounds be a similar magazine modification in a way? I mean, it would be using a magazine from another gun (okay same gun in a different caliber) to increase magzine capacity. Is the difference that the magazine itself would be unaltered?

I know... this is a weird question. Seems to me that where gun laws are concerned, you get into trouble if you do something not expressly permitted... whether or not is it expressly forbidden. The old "there's no law AGAINST it" does not help.

- Pete45

 

[Technosavant]

I believe the ATF had said using the .40 mag in a 9mm was OK, but that was federal law. For the states, I would worry that it might be ugly.

The only reason I would keep such a .40 mag around in your case is for home defense; if you needed it, then once things calmed down, swap for a properly deloaded (remove the number of rounds you shot) 10 round mag and stash the faux high cap. No way would I leave the house with it.

For specific info, I would highly suggest calling a lawyer for a competent legal opinion (as opposed to mine), but they would probably just say that there might need to be a test case on the issue. The problem is, if you lose the case, you lose more than the possibility of having more than 10+1 in the gun.

 

[springfieldmaniac]

Modding a pre-ban mag to fit into an XD is not against the law.What is against the law is making a 10 round post ban mag into a high cap.When I had my XD sub 9,mm I used 40 cal mags with modified lips to feed 13 rounds of 9mm into my sub,flawlessly I might add.You are modifying a pre-ban mag to fit a gun,not modifying capacity,there is a difference.So yes you can use the pre-ban beretta mags.

 

[cfabe]

This is a question particular to the NY state ban. Many of the answers you'll get here will be the answers from the old federal AWB, where it was okay to use a .40 mag for 9mm, or modifiy a highcap from another gn to work, as long as it still worked in it's original application. The best way to get a real answer will be to write the state attorney general, and if it's okay to do, keep a copy of his response with you in case of a hassle by a misinformed police officer.

 

[geekWithA.45]

I think the bottom line of that would be dependent on the following factors:

- The degree of ignorance and hostility-to-armed-citizens of LEOs in-position-to-arrest

- The degree of ignorance and hostility-to-armed-citizens posessed by the DA

- The degree of ignorance and hostility-to-armed-citizens indoctrinated into the members of your jury.

 

[hightech]

Modified Mags

Your modified mags would be ok in NY. For the record SA sold a number of preban modified Beretta mags during the ban. I have two of them and so does a friend of mine. The work in both the Beretta and XD series. I also use two of the SA 40 cal mags as high cap 9mm, works great.