Hey Folks,
Is it legal for me to sell a 30 round mag to someone that lives in a state where they are banned?

Thanks.

Of course not.

Although some states allow you to ship magazine parts kits.

I dont know which ones.

Thanks. I know it was kind of a dumb question but thought I would make sure.

Technically you would be doing nothing wrong by selling to them.All the laws that I know of ban "possession" of high capacity mags in that particular state---which would not apply to you since you live in a free state and your mags are legally possessed by you.New York,New Jersey,Colorado etc laws don't apply to you anymore than Michigan laws would apply to a resident of California.

Now would I want to test that?Hell no.

If they were made before 1994, buyers in MA would be more than happy to take them. I think we're one of the only ban states that still allows pre-bans.

You can have pre bans in NY if:
1. You have a registered AR 15 that is 50 or more years old.
2. If the magazines are more than 50 years old.
I talked to the head guy from the state police and I believe the criteria used is the .223 on the floorplate.  Otherwise I have no idea how they would be able to say one way or another if they are 50  yrs old.

perfectly legal as far as I am concerned. You are not responsible for, nor need adhere to, a state law in a state in which you are not presently in. How can a California law possibly apply to a resident of Arizona? What have you done wrong in the state in which you reside by selling a magazine to someone in another state in which the state you reside has no law against said magazine? I sell mags to anyone and everyone, anywhere. I moved away from California to be away from the laws in which I do not agree with. I'll be damned if I am going to let the internet boogeymen fear me into still adhering to the laws of that state. Let them extradite me for a law that does not apply to me. Until there is a federal law prohibiting me from selling magazines across state lines, fuck 'em. It's all just internet folklore to keep the populace hostage.

Now, that being said, has there been a case of the City of San Francisco suing certain vendors for selling mags across state lines. But, they were not after them for criminal charges. They sued them monetarily. Rather than pay to fight the lawsuit, the vendors settled for an undisclosed amount and agreed to not sell anymore "Parts kits" to residents of the city. From a business standpoint, I can see why one would settle as the attorney fees would outweigh the fight. But, they were not being criminally charged for anything, because they couldn't be. you can bet your ass if they could have been held criminally liable, they would have been and the city of SF would have paraded the victory around for all the nation to see.

I'm nearly positive that its legal. I'd be interested to see the state of California try to prosecute someone with the CA penal code for mailing a 30 round magazine to a subject of that state.

Many states allow for a "rebuild kit", that's the safest bet.

City of San Francisco did just that. Cope's and .44mag.com shipped legal rebuild kits to residents of San Francisco and were sued by said city. Link Another linky

Are chances of being caught high? Probably not. Are chances of being charged high? Probably not. Are you willing to risk your freedom and/or money to sell to a ban state? Up to you to decide.

There's only one reason I can even imagine you'd even be asking this; their offering you a pretty penny to do so. My question is why? Why even chance it? I live in Kentucky, a bastion of the 2nd, and I see signs at many gun stores that state 'don't lie for the other guy' refering to purchasing baned items for those who live in those areas. While this isn't as nefarious, I still don't see the risk vs reward.

It's called voting with your feet, if you don't what's going on where you live then move somewhere else.

California DOJ has stated they will extradite people illegally shipping high capacity magazines into Calfornia

CA/NY I would not risk it. Here in colorado the ban is in place but nobody cares. Almost all the stores sell parts kits and even the police have said they will not enforce the law.

LOL....boogeymen.

Trust me, if they issue an Arrest Warrant for you. It won't be a joke when you get picked up and extradited.

California lists this violation as a Felony.

and if you ship the magazine to CA from MO, what felony have you committed in CA? If they could have charged ANYONE from a retailer like Cope's or 44mag with a crime, you can bet your ass they would have. They sued for monetary compensation because that is the only thing they could do. Cope's and 44mag caved because the juice wasn't worth the squeeze.

Like many jurisdictions they have exemptions for retailers.

After being in Law Enforcement for over thirty years, I can assure you they CAN extradite, prosecute, & convict you of a Felony.

If you want to risk it, keep this in mind.....



Can I get in trouble for shipping/sending assembled large capacity magazines into the state?

Yes. Out of state, non-residents of California are still subject to California law and can be extradited for breaking those laws, even if you never plan to visit the state