Can you sell/ship pre-ban hi capacity mags to a law enforcement officer in a ban state?
Is there an exemption for LEO? Can you ship preban Hi caps into a ban state to an officer?
Originally Posted By Bgu301:
Is there an exemption for LEO? Can you ship preban Hi caps into a ban state to an officer?
Depends on the state.
New York.
Originally Posted By Bgu301:
New York.
Can't help ya there.
Originally Posted By Bgu301:
New York.
Yes, you can.
I would think you could send preban mags to anyone, since they are preban.
Originally Posted By Bgu301:
New York.
You can ship preban mags to anyone in NY AFAIK.
Originally Posted By MisterPX:
I would think you could send preban mags to anyone, since they are preban.
Not in states that don't have the pre-ban exception...
Originally Posted By Screwball:
Originally Posted By MisterPX:
I would think you could send preban mags to anyone, since they are preban.
Not in states that don't have the pre-ban exception...
Which states would that be?
IIRC, you can even ship to CA, provided you take them apart first.
Originally Posted By eric496:
Which states would that be?
IIRC, you can even ship to CA, provided you take them apart first.
New Jersey doesn't allow pre-ban magazines over 15 rounds. California, as well, for anything over 10 rounds... couple of others, if you start getting more specific. Ohio, for example, puts a limit on magazines over 30 rounds. If you have a pre-ban 50 rounder, it isn’t necessarily legal there because it is a pre-ban.
That rebuild kit "idea" that some websites are pushing doesn't protect a ban state citizen from legal prosecution. It is a way to try to skate around a law. The seller doesn't care, being they did not break any Federal law in the sale (or their own state law, for that matter). They got their money, so they are good. The recipient, who is within the jurisdiction of the state in question, is completely liable for any legal repercussions.
Originally Posted By Screwball:
Ohio, for example, puts a limit on magazines over 30 rounds. If you have a pre-ban 50 rounder, it isn’t necessarily legal there because it is a pre-ban.
A common misperception.
In Ohio OWNING a magazine of greater than 30 rounds capacity is legal. As soon as it's inserted in a firearm, the firearm becomes an "automatic firearm", which is not legal. There is no "constructive possession" here. The magazine must be inserted into the firearm to create the automatic firearm.
See ORC 2923.11(E)
http://codes.ohio.gov/orc/2923
"(E) “Automatic firearm” means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger. “Automatic firearm” also means any semi-automatic firearm designed or
specially adapted to fire more than thirty-one cartridges without reloading, other than a firearm chambering only .22 caliber short, long, or long-rifle cartridges."
Since possessing a magazine of greater that 30 rounds capacity is legal, there is no need for a "grandfather" clause that would make pre-ban magazines legal.
Originally Posted By sergtjim:
Since possessing a magazine of greater that 30 rounds capacity is legal, there is no need for a "grandfather" clause that would make pre-ban magazines legal.
Fair enough... but if you are never going to insert it into the weapon, what is the point?
If I remember correctly, you can file for a permit to do so through the state, or something in that fashion.
That rebuild kit "idea" that some websites are pushing doesn't protect a ban state citizen from legal prosecution. It is a way to try to skate around a law. The seller doesn't care, being they did not break any Federal law in the sale (or their own state law, for that matter). They got their money, so they are good. The recipient, who is within the jurisdiction of the state in question, is completely liable for any legal repercussions.
Any examples of this actually happening?????
Originally Posted By KurtVF:
Any examples of this actually happening?????
Not that I know of (mainly being I've never seen a prosecution where that was predominately pointed out, whereas it would kind of be incriminating to say it), however living in a state that does still have an AWB, and being L/E in that state, I'm not suggesting that people go that route.
Let's say rebuild kits were allowed... once you assemble it, doesn't that result in breaking the law (what someone does in their own house is there business, but unexpected situations can lead down bad roads)? And if you never were going to assemble it, what exactly was the point of buying it? People want to buy them to "get around" their state laws, go ahead! If you need to go that route to get something that is illegal in your state, you really believe that makes it legal? If you do believe that, I got a couple bridges I can sell you...
If they are post-ban I wouldn't. I believe are ban mags are ok.
That would be like mailing a pound of meth to a cop because he has a habit.
If he is LEO he can just buy them through the system.
Why risk mailing contraband to a police officer...?

Originally Posted By Screwball:
Originally Posted By sergtjim:
Since possessing a magazine of greater that 30 rounds capacity is legal, there is no need for a "grandfather" clause that would make pre-ban magazines legal.
If I remember correctly, you can file for a permit to do so through the state, or something in that fashion.
Starngely enough, that's true. It's a permit to possess and use dangerous ordnance. The form number is BSSA-1(IIRC), and one source of supply for it is the Buckeye State Sheriff's Association. It is actually designed to allow possession of explosives like construction or farm explosives and fireworks for sanctioned displays. It gets filed with the State Fire Marshall. The fee is five dollars for a short term license, and fifty for five years, I think. Been a while since I looked at that. If you can't get that form, check the ORC. It lists exactly what info is required, but does not have an actual form. You could probably design one for yourself and it would work.
Originally Posted By Screwball:
Originally Posted By eric496:
Which states would that be?
IIRC, you can even ship to CA, provided you take them apart first.
New Jersey doesn't allow pre-ban magazines over 15 rounds. California, as well, for anything over 10 rounds... couple of others, if you start getting more specific. Ohio, for example, puts a limit on magazines over 30 rounds. If you have a pre-ban 50 rounder, it isn’t necessarily legal there because it is a pre-ban.
That rebuild kit "idea" that some websites are pushing doesn't protect a ban state citizen from legal prosecution. It is a way to try to skate around a law. The seller doesn't care, being they did not break any Federal law in the sale (or their own state law, for that matter). They got their money, so they are good. The recipient, who is within the jurisdiction of the state in question, is completely liable for any legal repercussions.
Thanks, I didn't know the NJ law didn't exempt pre-ban mags. At least they got 15 instead of 10.
Originally Posted By WI57:
If they are post-ban I wouldn't. I believe are ban mags are ok.
That would be like mailing a pound of meth to a cop because he has a habit.
If he is LEO he can just buy them through the system.
Why risk mailing contraband to a police officer...?

No, it's completely legal to sell post ban mags to LEO in New York. Hell, it's legal to sell post ban mags to ME, and I'm a teacher, not a cop. It isn't, however, legal for me to OWN said post ban mags though. I know, it's confusing. NY is a pain in the ass. Either way though, ALL mags are GTG for LEO. ALL pre ban mags are good for NYS residents, regardless of LEO status.