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Posted: 1/26/2002 12:23:05 PM EDT
I posted this on the magazine section but probably should have posted here instead. Anyone aware of any prosecutions for mere possession of high capacity/LEO only magazines? NOT speaking here of perp's caught with one in commision of a crime,felons, parole violators, etc. Talking about the average Joe picked up for possession alone. Thanks Frank N.
Link Posted: 1/27/2002 6:30:43 AM EDT
Frank N: A west law search under all federal cases after 1994 does not indicate any prosecution for High capacity magazines. However, this does not, obviously, include arrests, unreported cases or pleas b/f trial.
Link Posted: 1/27/2002 7:44:50 AM EDT
RobertEsq1, Thanks for taking the time to check and post a reply. Very interesting too. I was attending some LEO training last year which included a few ATF Agents. We ended up discussing all sorts of things including the crime bill with even the Agents agreeing that several sections of it were virtually unenforceable. I have been asking this question for about a year now and still NO successful prosecutions have shown up. FN
Link Posted: 1/27/2002 8:23:40 AM EDT
Frank - Whether they've "shown up" or not, successful prosecutions may still be there, as Robert pointed out - whats reported is only a limited view of whats out there. Regardless, even if you could say with absolute certainty there were no successful prosecutions, that does not mean the law is unenforceable or that BATF won't step up enforcement on it in the future. Don't make the mistake of thinking they don't have the power to enforce it simply because they haven't often exercised that power. They (the gov't) do indeed have the power to prosecute and send an individual to prison for possession. There's always the first guy to get it; you don't want to be him.
Link Posted: 1/27/2002 8:54:13 AM EDT
I searched on LexesNexis, but only came up with cases regarding suits by firearms owners against states like NJ which made legal owners of mags criminals overnight unless they surrendered their equipment and stated so in a letter telling of the date and what was being given up. Additionally, it seems that the LEO Mags would only be an issue if turned up in the commission of a crime. None of these cases as Robert pointed out are enforcement against guys like you and I, but don't chance that they wouldn't come after you, because they would if you stared down their barrel. As a side note, I did find an interestig case in California (People v. Dingman, 47 Cal. App. 4th 1068) where the defendant converted a fixed mag SKS into a removable 30 round type and was successfully prosecuted, even though the 1994 bill and Cal penal code states that the rifle was to be manufactured with a detachable mag. Interesting case, I didn't realize that California had such a shitty body of law.
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