Posted: 7/20/2010 6:41:28 AM EDT
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I was curious if you guys consulted an attorney, re: 2923.11 (E)
I just noticed that you don't ship/sell mags over 30 rounds to OH, but it would seem if you can possess them for sale here, OH residents should also be able to possess them as well. Or is there some other reason you will not ship them within Ohio? |
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already been apart of a case, of course any customers who get caught always blame the dealer. If i sold about a million mags, the margin would cover the attorneys fees, OR we just let others sell them....which is what we choose.
It is legal to posses, own and sell them, just not use them. |
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That is what I thought. Not asking for legal advice, but is it your understanding that if I put a 31 round mag in an empty gun I am ok, but if I put a 31 round mag in a gun with a round in the chamber I have broken the law?
I want to get some 33 round glock mags and I was going to replace the +2 plate with a standard plate (as I don't want to have to permanently mod the mag to lower the capacity), I just need to find a retailer that will ship to me. What was the case name on your court case (I been trying to research case law, but having difficulty finding any)? |
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the law is so vague that i can't give you good advice, if you research on the Ohio forum here you will see even somebody with a registered SBR being charged even in plain black and white it says a registered weapon is ok.
And the case where we got thrown under the bus had the gun charges dismissed as he pleaded to many other charges |
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Quoted:
already been apart of a case, of course any customers who get caught always blame the dealer. If i sold about a million mags, the margin would cover the attorneys fees, OR we just let others sell them....which is what we choose. It is legal to posses, own and sell them, just not use them. Kinda like suppressors in WA state  How messed up is that? I thought MD was bad.
Very cowardly to blame a dealer. You bought them and now you want to shift resonsibility onto someone else 
Shamefull ETA: Have a case name |
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Case law is still evolving on it, if you like to poke sticks at bears feel free, otherwise just stick to 30 round or less magazines / feeding devices. There are some long discussions about it on the buckeye firearms web page. Magazines / feeding devices in .22lr are not covered by this law. You can own magazines greater than 30 rounds. You can buy them. You can sell them. If the magazine is for an NFA firearm then that magazine may be used in that firearm with more than 30 rounds in it. There was a case where a guy with a legal NFA SBR and a >30 round magazine was prosecuted and the case was thrown out due to federal preemption as stated in the ORC. If the magazine has more than 30 rounds in it and it's just sitting next to a non-NFA firearm you might be prosecuted on constructive possession but I think it would't stand. The law says the magazine has to be /in/ the firearm to be illegal. AIM chooses to play it conservatively and stay away from such magazines. It's their business. Are you going to pay their legal bills if they get sued ? Go to buckeye firearms and read up more. |
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...Are you going to pay their legal bills if they get sued ?... I was just trying to see if an industry professional had additional knowledge on the subject. The thread was not intended to be at all critical or a complaint about their policy, just a question as to how they got there. I understand the policy completely (especially after they were involved in a court case). |
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It is legal to posses, own and sell them, just not use them. Unless you are using them in a SBR or machine gun. Ohio law makes a semi capable of 32 rounds a machinegun. Machineguns and SBR's are illegal in Ohio unless on the NFA registry. You can't AFAIK register a semi machinegun with Ohio. |
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Quoted: Ohio law makes a semi capable of 32 rounds a machinegun. Machineguns and SBR's are illegal in Ohio unless on the NFA registry. You can't AFAIK register a semi machinegun with Ohio. What matters is that the NFA registry supersedes the dangerous ordinance license requirement. Meaning that mags with capacities greater than 30 rounds are perfectly legal in Ohio when used with a SBR or machine gun, without requiring a dangerous ordinance license. You can make any semi automatic rifle a SBR simply by filling out a form 1 and mailing in the $200 tax. SBRs are NFA items. http://www.ar15.com/forums/topic.html?b=8&f=12&t=318417 The ORC defines any semi automatic center fire firearm that has been designed or adapted to fire more than 31 rounds without reloading as a machine gun. Thus a dangerous ordinance. This does not apply to NFA registered firearms. It's obviously AIM's choice to do what they want to do but there are perfectly good reasons why someone living in Ohio would legally be able to purchase 31+ round mags. |