Tips for those in Anti-2A States

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InkEd

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Since a few states have joined the list of Anti-2A states or further restricted the rights of their citizens, I figured we could start a thread with some tips/loopholes on ways to continue upholding their uninfringed 2A rights.

Many members who lived through the Clinton 94 Ban probably recall several useful bits of information. As well, I am sure that member who live outside of the United States have some creative ways of dealing with draconian firearms laws, that are still considered to be legal. Please feel free to add your own.

The source of many of these tips is the internet. Be sure to check the legality of any information in this thread against laws set forth within your own individual state.

Buttstock Tip: In areas that restrict the ownership of certain rifles with pistol grips, a "thumb-hole" stock is often still allowed. (Although, some of the newer bills have added them specifically to the ban.)

Magazine Tip: Certain 9mm semi-automatic pistols are able to be loaded to full/almost full capacity by using the unmodified/unrestricted 10rd magazines from their .40sw variants loaded with 9mm ammo.

Shotgun Tip: In areas that have tube capacity limits for shotguns, often a non-permanent "plug" that limits the capacity is sufficient. This allows owners to keep their currently owned shotguns and restore them to original factory set-up upon expiration of the ban, moving to another area or selling them. (This tip applies to lever/pump action tube-fed rifles too.)

Magazine Tip: While certain areas do not allow the sale or purchase of magazines above a certain capacity, they do not have laws against bringing them into the state if legally purchased elsewhere. (This one has been tightened up in some recent bills.)

Law Enforcement Tip: Many areas have exemptions for law enforcement use. In many rural areas officers privately purchase their firearms for duty. In such areas, law enforcement officers (including part-time volunteers) may purchase otherwise restricted items such as full capacity magazines. (Furthermore, in some areas licensed security guards and fugitive recovery agents qualify for the law enforcement exemption.)

Barrel Tip: In areas the have minimum length for barrels, permanently attaching an appropriate length muzzle break will make the barrel length compliant. (Conversely, in areas that forbid muzzle brakes, the purchase of a new permitted length barrel will keep an existing rifle in compliance.)

Handguard Tip: In areas that classify a handguard as a banned feature, simply removing them (if all other features are still allowed) will make a rifle compliant. The operator can use a "magazine grip" when shooting the rifle. Moreover, depending on the area, a "quad-rail" may not be considered a "handguard" since it's "stated purpose" is to mount accessories... but IMO you'd be pushing your luck and probably lose UNLESS there is already an existing ruling in the area.)

Firearm Tip: Many manufacturers offer modified "state compliant" versions of their popular firearms that meet the legal requirements where the standard version would be illegal.

Legal Tip: It is legal in ALL (US) states, to write letters, peacefully protest, broadcast relative information, vote against and challenge in court people/laws that are in opposition to the rights of lawful firearm owners.
 
Magazine Tip: Certain 9mm semi-automatic pistols are able to be loaded to full/almost full capacity by using the unmodified/unrestricted 10rd magazines from their .40sw variants loaded with 9mm ammo.

If you mean you can exceed the state capacity restrictions by using a .40SW mag in a 9MM pistol, hire the attorney first and save time.

Magazine Tip: While certain areas do not allow the sale or purchase of magazines above a certain capacity, they do not have laws against bringing them into the state if legally purchased elsewhere. (This one has been tightened up in some recent bills.)

Please name ONE example where this is legal.

Folks, do the research for YOUR state/county/city and realize that splitting hairs leads to court - and even if you "get away" with it, it will be expensive. Instead of looking for ways to circumvent the laws, work on getting them and/or the legislators changed - unless you are planning an appeal.
 
Magazine Tip: While certain areas do not allow the sale or purchase of magazines above a certain capacity, they do not have laws against bringing them into the state if legally purchased elsewhere. (This one has been tightened up in some recent bills.)
Please name ONE example where this is legal.

Folks, do the research for YOUR state/county/city and realize that splitting hairs leads to court - and even if you "get away" with it, it will be expensive. Instead of looking for ways to circumvent the laws, work on getting them and/or the legislators changed - unless you are planning an appeal.

MARYLAND is precisely this way.

Illegal to buy, sell, trade, offer to buy sell or trade, give, lend, rent, or in any other way transfer possession of a magazine holding over 20 rounds.

It is however NOT unlawful to own and use such magazines, nor to import them into the state. So you may -- with perfect legality -- drive to PA, VA, WV, or wherever else to buy your 30 round magazines and bring them home with you by the bag-full if you so desire.
 
Another MD-specific oddity is that their list of "regulated firearms" (basically a bunch of listed EBR type rifles) has some holes in it.

For example, if you want to buy a Ruger Mini-14 with a folding stock, that's a regulated firearm and must be sold only after a background check and waiting period. However a standard Ruger Mini-14 is NOT a "regulated firearm." And neither is a stock-less Mini-14 barreled action...nor a folding stock without a rifle in it... so your dealer can take a big screwdriver and pull the stock off, sell you the rifle, you take it out to your car and walk back in. He then sells you the stock. You drive home that day and put together your Mini-14 with a folding stock -- no laws broken!
 
Maryland was the area were many of the suggestions applied.

IIRC the ATF even made a ruling before the expiration of the previous ban, saying it was legal to put extra 9mm rounds in 10rd 40 sw magazines, I believe the XD was the specific pistol in question... but don't hold me to it. Again, the state law may vary.

Lastly, when it comes to firearm restriction laws... I strongly believe in following "the letter of the law" because IMHO the "spirit of the law" is to disarm the citizens and strip them of their 2A rights!
 
Following the "spirit" of the law won't keep you out of jail if you break the letter of the law, so turn about is fair play, what?
 
FWIW the LE loophole is the most widespread. Ask anyone from Texas about how easy it was to made an honorary deputy in the 1960s, which allowed you to carry a pistol.
 
Perhaps that is the loophole to solve the whole problem. "No 30rd 5.56 magazines. Fine. I'll stock-up on 10rd 458 socom magazines."
 
In MA being a FFL allows you to avoid the magazine limit and suppressor ban
(need tax stamp for suppressor)
 
...dealer can take a big screwdriver and pull the stock off, sell you the rifle, you take it out to your car and walk back in. He then sells you the stock.
Would that be manufacturing? The reason I asked is because I once asked about a dealer separating a scope from a rifle and selling them separately and I thought the response was that it could fall under 'manufacturing'; http://www.thehighroad.org/showthread.php?p=7503913#post7503913
 
Fortunately my local Sheriff is pro-2A and has an active volunteer and reserves program.

As long as you don't buy and bring in mags with a post-ban date or serial# on them, as annoying as it is, the Colorado mag ban is going to be basically unenforceable. The most annoying aspect of it will most likely be buying weapons that come "standard" with non-compliant magazines (e.g. Glock 17 that comes standard w/ 17round mags, the only other option is the 10round mag).
 
Would that be manufacturing? The reason I asked is because I once asked about a dealer separating a scope from a rifle and selling them separately and I thought the response was that it could fall under 'manufacturing';
Anything's possible. Does taking a gun apart equal manufacturing? Seeing how rarely this happens, and (perhaps thus) lack of case law on the matter, that's not a question that can be answered.
 
Is anyone who has posted in this thread actually a resident of Maryland? What % of THR members are?

The problem with threads on legal loopholes and splitting hairs is the confusion it causes when someone reads it and thinks it applies to them. That can get expensive, to say the least.
 
I was for many years, actually on several occasions including fairly recently. I assume you meant no implication by that question, but I do know of what I speak.
 
Wasn't questioning your veracity, Sam1911 - just pointing out that exceptions don't make the rule. Probably less than 1% of THR members live in Maryland, yet it's the only example (so far) of a state where the idea presented would be legal.

Lots of newbies out there, and some are finding THR - so it is our responsibility to be clear in our representation of ideas and their attached caveats.
 
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