Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 9/15/2002 8:15:18 AM EDT
Hello is it legal for me a resident of WI to sell pre ban AR15 30 round mags to a resident of NY ? thank you Paul
Link Posted: 9/15/2002 8:48:07 PM EDT
[Last Edit: 9/15/2002 9:09:09 PM EDT by RMek]
You better check with the BATF or DOJ to see if NY has some of those idiotic "High Capacity Magazine" Restrictions like CA, HI, NJ and a few other "gun friendly" states, just to be sure. If you ship anything like that into one of those "friendly" states you would be in violation and could suffer the consequences. I just looked in my "Midway USA" Catalog and their mazazine section states. "High Capacity Pre-Ban Magazines. We cannot ship mags over 10rds to CA and HI, 15rds to NJ and 20 to MD. You should be OK.
Link Posted: 9/15/2002 9:00:42 PM EDT
Link Posted: 9/15/2002 10:24:04 PM EDT
Originally Posted By garandpaul: Hello is it legal for me a resident of WI to sell pre ban AR15 30 round mags to a resident of NY ? thank you Paul
View Quote
Here is the best information that we have been able to compile on magazines. [url]http://www.triplebreakproducts.com/magazines.htm[/url]
Link Posted: 9/15/2002 10:30:18 PM EDT
How are NY cops going to arrest you if you are in WI, out of their jurisdiction. You must follow federal laws and the laws in your state. Same case for people in NY. If anybody would be breaking a law it would be the importer. So you ask why do retailers not sell to resricted states? I've wondered the same. Seemingly they just don't want the heat. Probably, if the ATF looks hard enough they'll find them doing something else illegal that would stand up in court. They do lock people up for following the law, like the guy famous for the maddi griffin supply.
Link Posted: 9/15/2002 10:31:25 PM EDT
Correct me if I'm wrong
Link Posted: 9/15/2002 10:46:04 PM EDT
Originally Posted By dissipator16: Correct me if I'm wrong
View Quote
That's pretty much the interpretation as I've seen it. A resident of the state of Wisconsin is not obligated to abide by the laws of New York (or California, or New Jersey, etc.) unless you are currently within the borders of that state. Therefore it is the buyer ("importer") that is held responsible. It would be like you going 70 mph on the freeway here in WA and getting a ticket for speeding because the speed limit in NY is 65.... but you aren't in NY. (hope that analogy made sense). So that is the technical answer.... but I usually refuse to sell something to someone in a state if it is restricted in their state.... even if I think the law is stupid.
Link Posted: 9/16/2002 3:44:22 AM EDT
Thank you all for the help Paul
Link Posted: 9/17/2002 3:19:17 AM EDT
Yes high cap mags are legal in NYS. You should have no problem. Just don't ship them to the 5 bouroghs of NYC.
Link Posted: 9/17/2002 6:34:22 PM EDT
AGAIN! PLEASE STOP POSTING INCORRECT LEGAL ADVICE. You could land someone in jail, warrant, etc....
dissipator16 wrote: How are NY cops going to arrest you if you are in WI, out of their jurisdiction. You must follow federal laws and the laws in your state. Same case for people in NY. If anybody would be breaking a law it would be the importer.
View Quote
Dark4Helmet wrote: A resident of the state of Wisconsin is not obligated to abide by the laws of New York (or California, or New Jersey, etc.) unless you are currently within the borders of that state. Therefore it is the buyer ("importer") that is held responsible. It would be like you going 70 mph on the freeway here in WA and getting a ticket for speeding because the speed limit in NY is 65.... but you aren't in NY. (hope that analogy made sense).
View Quote
Sorry folks, you're both wrong. This is not a gun control issue, just basic state laws covering transactions, etc. When you have a transaction, it has to be legal on both sides. You can't hang outside the state's border, and do illegal things in that state "by remote control". An indictment and arrest warrant could follow from violating another state's laws even while you are outside that state - as long as some part of you/transaction/contract, etc was in that state. The speeding analogy isn't appropriate: the behavior you describe there is indeed wholly out of the other state's control. Here, you are a participant in a transaction that's governed by both state's laws. Outta state firms have been prosecuted for shipping alcohol into states that don't allow mail-order liquor deliveries. California has prosecuted aftermarket auto parts co's that sell non-emissions compliant speed equipment without proper "FOR OFF-ROAD USE ONLY" labels. There are prob more things on the civil side than the criminal side that deal with this but the point is still that you have to obey another state's laws when conducting a transaction that is at least partway within that state. Bill Wiese San Jose, CA
Top Top