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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 8/16/2005 9:39:59 PM EDT
I live in NY and I just bought a WASR10. The gun comes with (2) 30 round mags and they are preban. I was curious on how i can proove that these mags are preban. Also in future purchaces of mags wanted to know on how the whole preban thing works. Please let me know on how I can proove the mags are preban and let me know the legal way of owning HI-CAP mags here in NY...

Thanks...hug.gif
Link Posted: 8/17/2005 3:41:18 AM EDT
As long as there is no LEO only marking, the manufacturer existed before the ban in 9/1994, and, if there is a date of manufacture on it, it is prior to 09/94 you are okay. A date such as 09/99 would be a problem in NYS.
Link Posted: 8/17/2005 9:31:28 AM EDT
what about if the mag has no marking on it?

Thanks...hug.gif
Link Posted: 8/17/2005 10:06:51 AM EDT
If the mag manufacturer existed prior to 09-14-1994 you should be OK. Most preban mags have no date or other markings on them.
Link Posted: 8/17/2005 10:19:58 AM EDT
The mags that Iam getting are chinese 30 round AK mags. I never owned a HI-CAP mag before, so how would I know if the mag manufacturer existed prior to 09-14-1994???


Thanks...hug.gif
Link Posted: 8/17/2005 11:37:47 AM EDT
[Last Edit: 8/17/2005 11:38:26 AM EDT by rkbar15]
I think the general consensus is if the mag is unmarked not to worry about it but that is something that only you can decide.
Link Posted: 8/17/2005 11:58:43 AM EDT

Originally Posted By Aardvark:
As long as there is no LEO only marking, the manufacturer existed before the ban in 9/1994, and, if there is a date of manufacture on it, it is prior to 09/94 you are okay. A date such as 09/99 would be a problem in NYS.



Not neccessarily true since the Fed ban expired; Glock for instance has dropped the markings on their standard capacity mags.With those mags you have to check to see what generation of mag it is. No advice on how to tell on other mags you may purchase.
Link Posted: 8/17/2005 12:27:36 PM EDT
if they a chicom mags you are good to go

they are no longer imported and I think that they stop imports of all chicom

gun parts in 1994 ( not 100% on this )

but if there are no LEO/GOVT markings on them you should be fine
Link Posted: 8/17/2005 5:39:55 PM EDT
But will these mags be legal to use? say at a rifle range.hug.gif
Link Posted: 8/17/2005 5:58:05 PM EDT

Originally Posted By smoothie:
But will these mags be legal to use? say at a rifle range.


Legality covers possession regardless of where they are being used. Having them at a rifle range does not give a person any sort of legal immunity.
Link Posted: 8/17/2005 7:27:26 PM EDT
Ok, cause I know the rifle range that I go to only allows you to have 5 rounds in the mag. I was just curious if I brought a 30 round mag to the rifle range if it would be legal. I heard that having a hi-cap mag in NY is a felony. I'am getting 5 round mags with my AK too but they are also coming with 2 30round mags. Someone told me to make sure that I dont have those mags in the gun cause it's a felony.hug.gif
Link Posted: 8/18/2005 1:57:49 AM EDT

Originally Posted By smoothie:
Ok, cause I know the rifle range that I go to only allows you to have 5 rounds in the mag. I was just curious if I brought a 30 round mag to the rifle range if it would be legal. I heard that having a hi-cap mag in NY is a felony. I'am getting 5 round mags with my AK too but they are also coming with 2 30round mags. Someone told me to make sure that I dont have those mags in the gun cause it's a felony.


If the mag was made pre-1994, you are fine in most of NYS. What you are talking about is a local range rule your range has about magazine capacity.I thought you were asking if you only took a post 1994 mag to the range if it would somehow be legal to own/use.
Link Posted: 8/18/2005 4:51:56 AM EDT
Providing the mag is a preban as previously stated your mags are legal to use in any rifle they will function in. If your range has a five round load limit that only means you can load no more then five rounds in your 30 round capacity mags.

If you are hunting with a semi-auto then you are limited to a five round or less capacity mag.
Link Posted: 8/18/2005 11:59:34 AM EDT
Ok, thanks for the advice. Hey, I was wondering where I could pick up a 100 round drum. I've seen a few of them but I never saw a preben. Wondering if any of you guy's know where I could get one for a good price...


Thanks...hug.gif
Link Posted: 8/18/2005 2:46:36 PM EDT
just keep watching the EE

they pop up every now and then
Link Posted: 8/19/2005 5:48:37 PM EDT
Hey I just found out that those (2) 30 round mags that i'am getting are chinese and that the only markings on them is Made in China.hug.gif
Link Posted: 8/19/2005 10:48:45 PM EDT

Originally Posted By smoothie:
Hey I just found out that those (2) 30 round mags that i'am getting are chinese and that the only markings on them is Made in China.



Chinese firearm imports were stopped in 1989 by executive order of the POTUS.
Link Posted: 8/21/2005 3:31:15 PM EDT
Are you possitive that the imports stoped in 1989? If a cop was to stop me and saw that I had a Hi-Cap mag out of the chamber but with the AK would he say anything about it. I also heard that cops dont know that much about preban mags. I heard that if they see Hi-Cap mags with your gun that they could make a scene about the situation, like taking your gun. You guys know if this is true?

Thanks...hug.gif
Link Posted: 8/22/2005 7:07:15 AM EDT

Originally Posted By smoothie:
If a cop was to stop me and saw that I had a Hi-Cap mag out of the chamber



Eh?


but with the AK would he say anything about it.


The amount of time an officer spends on you depends on the cause of their interest in you. Too many variables to address.


I also heard that cops dont know that much about preban mags. I heard that if they see Hi-Cap mags with your gun that they could make a scene about the situation, like taking your gun. You guys know if this is true?

Thanks...



See above. Some officers are gun folks who know quite a bit about firearms, some are not.
Link Posted: 8/22/2005 7:57:41 AM EDT
smoothie, don't take this the wrong way but you're going to give yourself a stroke.

Transport your guns unloaded in locked cases with the ammo/mags locked in ammo cans preferably in the trunk of your vehicle or in the passenger compartment if you have no trunk. Observe all traffic laws and in the event you get pulled over and do not give the LEO permission to search your vehicle if he/she requests to. Unless the officer has probable cause to arrest you there isn't much he/she can legally do to you at this point.

If you still manage to get yourself arrested IM Aimless.
Link Posted: 8/22/2005 12:46:41 PM EDT
Don't worry no hard feelings. Thanks for the info!hug.gif
Link Posted: 8/23/2005 7:15:27 AM EDT
The truth is even if it is pre ban and you get popped the PROOF OF BURDEN lies on you. We were talking about thet the other day with a Lawyer. HEre is why it came up.

Friend is getting devorced.

Wife is a SOB and tell cops he threatened her and he has guns.

Cops come and take his pistols and rifles with mags. Why they took Mags I have no idea
They get inventoried and all of a sudden he has Ten 20 and 30 round mags. Also Three 15 round Glock 19 mags.
Goes to court and he is hit with 13 counts of feloney charges for the mags.

Lawyer proves the Glock are OK, but he has no written proof about the rifle mags. No bill of sale or anything. There are no markings on them and now he is up the creek without a paddle. The lawyer is trying to prove these mags are preban,

Now we all know that they are and this is Bull Crap, but the proof of burden still lies on him to prove they are. How does he do this without a bill of sale?
Link Posted: 8/23/2005 8:04:21 AM EDT
[Last Edit: 8/25/2005 5:54:11 AM EDT by rkbar15]
edpmedic, are you saying your friend has been formally charged and indicted by a Grand Jury for possession of a LCAFD?
Link Posted: 8/24/2005 8:50:01 PM EDT
[Last Edit: 8/24/2005 8:51:47 PM EDT by edpmedic]
No yet yet from what I know has of today...I am trying to find out more info but the way I understand it. Each mag that cannot be verified has a preban counts has a seperate charge.

Edited...IMHO.
I do not think it is going to stick and they are busting his balls. I am not sure if this is in Nassau County or NYC where he has to go to court.
Link Posted: 8/25/2005 6:50:13 AM EDT
[Last Edit: 8/25/2005 6:50:57 AM EDT by mchasal]

Originally Posted By edpmedic:
The truth is even if it is pre ban and you get popped the PROOF OF BURDEN lies on you. We were talking about thet the other day with a Lawyer. HEre is why it came up.



It will be interesting to see where this goes. Last time I looked around, this state was still in the USA which I remember having something about "innocent until proven guilty". That should mean that the burden of proof lies with the prosecution. Now, I know this isn't an ideal world, and even without proving guilt, things can be made very difficult for the defendent, often to the point of giving up. But I'm confident that if a case like this ever got to a real court (wherever that may be) it would be dismissed without proof of the violation.

Of course, IANAL and all that, but this is one of the most basic tenents that our country is built upon. If this doesn't hold true, lots of things fall apart.

Mike
Link Posted: 8/25/2005 7:39:39 AM EDT

Originally Posted By edpmedic:
Lawyer proves the Glock are OK, but he has no written proof about the rifle mags. No bill of sale or anything. There are no markings on them and now he is up the creek without a paddle. The lawyer is trying to prove these mags are preban,




Why would a preban mag have any markings anyway?
Link Posted: 8/25/2005 7:57:37 AM EDT
The prosecution need only establish beyond a reasonable doubt to the trier of facts (judge/jury) that the defendant was in possession of a LCAFD. It is up to the defendant to introduce competent evidence that the LCAFD was manufactured prior to 09-14-1994 and is excepted as provided for by law. I am not aware of any prosecution for possession of a LCAFD in NY.

Evidence that the LCAFD was manufactured prior to 09-14-1995 might include:

Bill of sale indicating manufacture or transfer date.
A serial number or date on the magazine that indicates it was manufactured prior to 09-14-1994
The fact that the manufacturer did not produce this type of mag after 09-14-1994
An unmarked mag that was known to have been produced by the manufacturer prior to 09-14-1994
Testimony from a witness who purchased the mags prior to 09-14-1994 and subsequently gave/sold them to you

Once again you are on your own and this is only my own dumb opinion on the subject.
Link Posted: 8/25/2005 8:02:15 AM EDT

Originally Posted By tc556guy:

Originally Posted By edpmedic:
Lawyer proves the Glock are OK, but he has no written proof about the rifle mags. No bill of sale or anything. There are no markings on them and now he is up the creek without a paddle. The lawyer is trying to prove these mags are preban,




Why would a preban mag have any markings anyway?



Some manufacturers did put a date of manufacture and or serial number on their mags although most did not.
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