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Shipping Hi Caps to NY: Fo or No Fo?
2/26/2012 7:46:00 PM
I'll admit to be ignorant to the laws of The Empire State. 
I have a hi cap magazine (20 rnds) listed for sale and a New Yorker wants it. All I have heard of the guy laws in NY is heresay and what I see on the tube.
Can I legally ship this guy a hi capacity rifle mag to NY?
If it matters, it is going to North Babylon, NY., where ever that is
I have a hi cap magazine (20 rnds) listed for sale and a New Yorker wants it. All I have heard of the guy laws in NY is heresay and what I see on the tube.
Can I legally ship this guy a hi capacity rifle mag to NY?
If it matters, it is going to North Babylon, NY., where ever that is
2/26/2012 7:53:18 PM
Not unless it's a preban..anything after 1994 needs to be 10 rounds and under
2/26/2012 7:54:26 PM
It's the buyer's responsibility to ensure legality, not the seller's.
If he's a LEO, he can have any size mags he wants. If not, only 10+ magazines manufactured prior to 9/14/94 are legal.
If he's a LEO, he can have any size mags he wants. If not, only 10+ magazines manufactured prior to 9/14/94 are legal.
2/26/2012 7:56:39 PM
If the magazine was manufactured prior to 9/14/94 it is good to go to ship to a resident of North Babylon. If it was manufactured after that date, unless he is a Law Enforcement officer HE would be committing a Felony by possessing the "hi-cap" over 10 round mag. NY pretty much mirrored the former Federal AWB rules, but unfortunately they didn't sunset when the Fed ban expired.
2/26/2012 8:23:53 PM
Originally Posted By scpd92:
If the magazine was manufactured prior to 9/14/94 it is good to go to ship to a resident of North Babylon. If it was manufactured after that date, unless he is a Law Enforcement officer HE would be committing a Felony by possessing the "hi-cap" over 10 round mag. NY pretty much mirrored the former Federal AWB rules, but unfortunately they didn't sunset when the Fed ban expired.
If the magazine was manufactured prior to 9/14/94 it is good to go to ship to a resident of North Babylon. If it was manufactured after that date, unless he is a Law Enforcement officer HE would be committing a Felony by possessing the "hi-cap" over 10 round mag. NY pretty much mirrored the former Federal AWB rules, but unfortunately they didn't sunset when the Fed ban expired.
well that would explain why he asked me if it was "marked". I told him I could not find any manufacturer marks on it at all. Does that fact that it doesnt have any markings on it make it preban? I have had it for about 8 years I would guess but have no way of knowing when it was actually manufactured.
2/26/2012 9:40:35 PM
Can you tell us the type of mag it is, who makes it, or even some pics?
2/26/2012 10:05:37 PM
All the replies are correct.
There are a few ways to determine based on floor plates, but for the most part they either aren't stamped, or if they are stamped the date is obvious, and if marked "Military/Law enforcement only" you know it's a no-go, Legally the onus is on the buyer not the seller, morally if you're trying to pass off a post ban as a pre-ban, you can expect the ban-hammer.
There are a few ways to determine based on floor plates, but for the most part they either aren't stamped, or if they are stamped the date is obvious, and if marked "Military/Law enforcement only" you know it's a no-go, Legally the onus is on the buyer not the seller, morally if you're trying to pass off a post ban as a pre-ban, you can expect the ban-hammer.
2/26/2012 11:43:36 PM
If you knowingly ship a post-ban LCAFD into New York because you "don't care, it's on the other guy:"
S 105.05 Conspiracy in the fifth degree.
A person is guilty of conspiracy in the fifth degree when, with intent
that conduct constituting:
1. a felony be performed, he agrees with one or more persons to engage
in or cause the performance of such conduct;
Conspiracy in the fifth degree is a class A misdemeanor.
S 20.00 Criminal liability for conduct of another.
When one person engages in conduct which constitutes an offense,
another person is criminally liable for such conduct when, acting with
the mental culpability required for the commission thereof, he solicits,
requests, commands, importunes, or intentionally aids such person to
engage in such conduct.
S 20.05 Criminal liability for conduct of another; no defense.
In any prosecution for an offense in which the criminal liability of
the defendant is based upon the conduct of another person pursuant to
section 20.00, it is no defense that:
1. Such other person is not guilty of the offense in question owing to
criminal irresponsibility or other legal incapacity or exemption, or to
unawareness of the criminal nature of the conduct in question or of the
defendant`s criminal purpose or to other factors precluding the mental
state required for the commission of the offense in question;
Just something to think about...it may not always be the responsibility of the recipient. It might be a little far fetched, but if the buyer does something crazy with the mag, it turns out to be post-ban, and they figure out who mailed it in from out of state, I wouldn't want to be the guy who mailed it...
Thoughts?
S 105.05 Conspiracy in the fifth degree.
A person is guilty of conspiracy in the fifth degree when, with intent
that conduct constituting:
1. a felony be performed, he agrees with one or more persons to engage
in or cause the performance of such conduct;
Conspiracy in the fifth degree is a class A misdemeanor.
S 20.00 Criminal liability for conduct of another.
When one person engages in conduct which constitutes an offense,
another person is criminally liable for such conduct when, acting with
the mental culpability required for the commission thereof, he solicits,
requests, commands, importunes, or intentionally aids such person to
engage in such conduct.
S 20.05 Criminal liability for conduct of another; no defense.
In any prosecution for an offense in which the criminal liability of
the defendant is based upon the conduct of another person pursuant to
section 20.00, it is no defense that:
1. Such other person is not guilty of the offense in question owing to
criminal irresponsibility or other legal incapacity or exemption, or to
unawareness of the criminal nature of the conduct in question or of the
defendant`s criminal purpose or to other factors precluding the mental
state required for the commission of the offense in question;
Just something to think about...it may not always be the responsibility of the recipient. It might be a little far fetched, but if the buyer does something crazy with the mag, it turns out to be post-ban, and they figure out who mailed it in from out of state, I wouldn't want to be the guy who mailed it...
Thoughts?
2/27/2012 2:12:05 PM
Originally Posted By 03PSD:
well that would explain why he asked me if it was "marked". I told him I could not find any manufacturer marks on it at all. Does that fact that it doesnt have any markings on it make it preban? I have had it for about 8 years I would guess but have no way of knowing when it was actually manufactured.
Originally Posted By scpd92:
If the magazine was manufactured prior to 9/14/94 it is good to go to ship to a resident of North Babylon. If it was manufactured after that date, unless he is a Law Enforcement officer HE would be committing a Felony by possessing the "hi-cap" over 10 round mag. NY pretty much mirrored the former Federal AWB rules, but unfortunately they didn't sunset when the Fed ban expired.
If the magazine was manufactured prior to 9/14/94 it is good to go to ship to a resident of North Babylon. If it was manufactured after that date, unless he is a Law Enforcement officer HE would be committing a Felony by possessing the "hi-cap" over 10 round mag. NY pretty much mirrored the former Federal AWB rules, but unfortunately they didn't sunset when the Fed ban expired.
well that would explain why he asked me if it was "marked". I told him I could not find any manufacturer marks on it at all. Does that fact that it doesnt have any markings on it make it preban? I have had it for about 8 years I would guess but have no way of knowing when it was actually manufactured.
If theyre old COLT or Adventureline 20's no problems!
(check the floorplates and those are the most common 20 rounders)
EMSJEEP is a panic, it's up to the seller to abide by state laws, don't worry about it unless you knew they were postban and clearly marked you arent commiting any conspiracy!
2/27/2012 5:23:21 PM
Originally Posted By Adirondack1:
EMSJEEP is a panic, it's up to the seller to abide by state laws, don't worry about it unless you knew they were postban and clearly marked you arent commiting any conspiracy!
EMSJEEP is a panic, it's up to the seller to abide by state laws, don't worry about it unless you knew they were postban and clearly marked you arent commiting any conspiracy!
What's the basis for that?
2/27/2012 6:12:18 PM
Hey before we go and get all crazy. With certain people around that are anti-gun, I would be worried it could be a setup. You never know whos out to get you, or is trying to prove its easy to get illegal guns and parts into NY state. The OP did the best thing possible, made sure it was legal to do before he proceeded. I would want to make sure myself. I dont like the shiny bracelets with the chain connecting them. And yes you can get crap for shipping something here that is prohibited, why do you think you cant get any mail-order where houses to send them to you here. If there was no chance of getting in trouble why would they care where you are from?
2/27/2012 6:30:11 PM
Originally Posted By cetane:
Hey before we go and get all crazy. With certain people around that are anti-gun, I would be worried it could be a setup. You never know whos out to get you, or is trying to prove its easy to get illegal guns and parts into NY state. The OP did the best thing possible, made sure it was legal to do before he proceeded. I would want to make sure myself. I dont like the shiny bracelets with the chain connecting them. And yes you can get crap for shipping something here that is prohibited, why do you think you cant get any mail-order where houses to send them to you here. If there was no chance of getting in trouble why would they care where you are from?
Hey before we go and get all crazy. With certain people around that are anti-gun, I would be worried it could be a setup. You never know whos out to get you, or is trying to prove its easy to get illegal guns and parts into NY state. The OP did the best thing possible, made sure it was legal to do before he proceeded. I would want to make sure myself. I dont like the shiny bracelets with the chain connecting them. And yes you can get crap for shipping something here that is prohibited, why do you think you cant get any mail-order where houses to send them to you here. If there was no chance of getting in trouble why would they care where you are from?
NY has no authority under the US constitution to regulate interstate commerce. NY frequently tries to overstep its authority. Like strong-arming Amazon into collecting NYS sales tax.
2/27/2012 6:56:52 PM
Originally Posted By emsjeep:
What's the basis for that?
Originally Posted By Adirondack1:
EMSJEEP is a panic, it's up to the seller to abide by state laws, don't worry about it unless you knew they were postban and clearly marked you arent commiting any conspiracy!
EMSJEEP is a panic, it's up to the seller to abide by state laws, don't worry about it unless you knew they were postban and clearly marked you arent commiting any conspiracy!
What's the basis for that?
Thanks... I SHOULD HAVE SAID BUYER in NY has to abide by state and LOCAL laws ....
The basis is that you live in a more repressive area than we do upstate, as long as the BUYER studies the state and local laws pertaining to magazines, the SELLER WOULD BE HELD HARMLESS for selling a perfectly legal product in his state!!!!!!!!!!
2/27/2012 7:56:25 PM
Originally Posted By Adirondack1:
Thanks... I SHOULD HAVE SAID BUYER in NY has to abide by state and LOCAL laws ....
The basis is that you live in a more repressive area than we do upstate, as long as the BUYER studies the state and local laws pertaining to magazines, the SELLER WOULD BE HELD HARMLESS for selling a perfectly legal product in his state!!!!!!!!!!
Originally Posted By emsjeep:
What's the basis for that?
Originally Posted By Adirondack1:
EMSJEEP is a panic, it's up to the seller to abide by state laws, don't worry about it unless you knew they were postban and clearly marked you arent commiting any conspiracy!
EMSJEEP is a panic, it's up to the seller to abide by state laws, don't worry about it unless you knew they were postban and clearly marked you arent commiting any conspiracy!
What's the basis for that?
Thanks... I SHOULD HAVE SAID BUYER in NY has to abide by state and LOCAL laws ....
The basis is that you live in a more repressive area than we do upstate, as long as the BUYER studies the state and local laws pertaining to magazines, the SELLER WOULD BE HELD HARMLESS for selling a perfectly legal product in his state!!!!!!!!!!
I get what you are saying, I'm just wondering what the basis of that is...I mean, there is a statute which at first blush seems to reasonably apply, so why doesn't it?
