pre ban high cap mags grandfathered

[kimbershot]

i have some ww 2 era tommy gun mags that i'd like to sell on gunbroker. i know some states impose high cap mag restrictions on post '94 mags and grandfather pre 94 mags (ar related). would my tommy gun mags be an ok sale without worry about "the law" with states that allow grandfathering.

 

[Loosedhorse]

Depends on the state. I don't think they're okay in NJ; they would be in MA, IF part of the sale was your original receipt showing they were privately owned prior to the onset of the federal AWB.

No offense, but without a receipt showing pre-'94 status, I wouldn't pay beans on Gunbroker for a "pre-ban" mag.

 

[danez71]

In CA they would have to be sold as parts kits/rebuild kits.

 

[smalls]

No, grandfathering means that they were already in that state, so they were allowed to stay.
If they currently have a ban, you may not import them.

 

[Loosedhorse]

grandfathering means that they were already in that state

Again, not true for MA. All that is required is that they are in fact pre-ban. We welcome your tired pre-ban mags!

 

[danez71]

Again, not true for MA. All that is required is that they are in fact pre-ban. We welcome your tired pre-ban mags!

Funny how things work.....

Conversely, in CA, there is nothing that prevents you from rebuilding 100% of your 11+ mags that you owned prior to the ban with 100% new parts made yesterday. Just dont end up with more mags than you started with.


Brand new 100% parts kits can be shipped into CA. Do not ship assembled 11+ mags into CA regardless of age.

 

[bobbo]

In NY, the law reads the resident in question must have owned them in 1994. Technically, under the law, you cannot possess any pre-ban high-cap mag if you did not own it in 1994. In fact, the law has NOTHING on transferring them to others even in the event of death (apparently you're supposed to trash them).

Now, nobody (and by nobody I mean nobody outside of Long Island, the major upstate cities or possibly Ithaca) actually enforces that little bit, and most gun shops have pre-ban mags everywhere for sale, but technically you're not allowed to have them.

That gray area is what is preventing me from putting a folding stock on a 1973-era 10/22. Legal? Technically no. Enforced? Not really. I just don't want to take my chances, even with the very red DA and judges in this county. A piece of tubing and a hinge aren't worth 7 years in Attica.

 

[Carl N. Brown]

Attica! Attica! Attica!

(It's no where near Dog days yet but I could not help myself.)

Anyway, I already have four XXX and three XX sticks for my West Hurley TM1 carbine. No AWB in Tennessee, and TN basically leaves NFA firearms to the feds: you are only in violation of the state if you are in violation of the fed NFA and the feds won't prosecute. If you are in compliance with the NFA rules, you're OK with the state.

 

[Art Eatman]

Since this is a state-law problem, it would be up to a buyer to know his state laws. If the seller's possession is legal in his state, it's not the seller's problem.

 

[drsfmd]

In NY, the law reads the resident in question must have owned them in 1994. Technically, under the law, you cannot possess any pre-ban high-cap mag if you did not own it in 1994. In fact, the law has NOTHING on transferring them to others even in the event of death (apparently you're supposed to trash them).

Now, nobody (and by nobody I mean nobody outside of Long Island, the major upstate cities or possibly Ithaca) actually enforces that little bit, and most gun shops have pre-ban mags everywhere for sale, but technically you're not allowed to have them.

That gray area is what is preventing me from putting a folding stock on a 1973-era 10/22. Legal? Technically no. Enforced? Not really. I just don't want to take my chances, even with the very red DA and judges in this county. A piece of tubing and a hinge aren't worth 7 years in Attica.

Citation? I believe you are totally incorrect on this.

 

[BUCKrub91]

you could sell them to somebody in NY

not sure what they would be worth though

 

[pseudonymity]

In NY, the law reads the resident in question must have owned them in 1994. Technically, under the law, you cannot possess any pre-ban high-cap mag if you did not own it in 1994.

Bobbo, can you point out where that is the case in NY? This is what I see:

NY Penal code sec 265:

"Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, manufactured after September
thirteenth, nineteen hundred ninety-four, that has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition; provided, however, that such term does not include
an attached tubular device designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition.

Nothing else in that section that I can find indicates that the mag needs to be anything other than manufactured before the NYAWB.

 

[Art Eatman]

New York laws are not kimbershot's problem. They are a would-be buyer's problem, and it's his responsibility to know them.