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Posted: 9/19/2017 6:52:16 PM EDT
I just sold a p320 rx compact exchange kit on eBay and someone from NY won it. Can I legally send them a 15 round magazine?
Link Posted: 9/19/2017 6:55:44 PM EDT
[#1]
nope unless they are a leo
Link Posted: 9/19/2017 6:56:25 PM EDT
[#2]
Magazines over 10 round capacity are banned in NYS unless the buyer is exempt from the Safe Act.  Only LEO's, active duty military (in their official capacity) and FFL's can legally possess magazines over 10 round capacity.  Proceed at your own risk in case this is a sting operation by the State Police or AG's office.
Link Posted: 9/19/2017 6:57:21 PM EDT
[#3]
The PayPal address appears to be a gun shop and has a C/O attached to it.
Link Posted: 9/19/2017 7:02:51 PM EDT
[#4]
http://www.rtsmokengunonlinestore.com

The PayPal address matches the address listed here. If it's going to a FFL I am good to go?

I assume the actual "kit" itself isn't a problem?
Link Posted: 9/19/2017 7:12:15 PM EDT
[#5]
If the buyer is an FFL licensed to do business in NYS they can receive magazines over 10 rounds on the theory that they can sell them to LEO's or out of State.
Link Posted: 9/20/2017 9:53:31 PM EDT
[#6]
Can he send the magazine to the FFL and let him worry about it?
Link Posted: 9/21/2017 5:50:23 AM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Can he send the magazine to the FFL and let him worry about it?
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Yes
Link Posted: 9/21/2017 12:42:04 PM EDT
[#8]
The law has to do with possession.  Within the borders of the state of NY.  Your acts would not meet the criteria for prosecution.
Link Posted: 9/21/2017 1:17:27 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The law has to do with possession.  Within the borders of the state of NY.  Your acts would not meet the criteria for prosecution.
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Agreed in principle but when has State borders ever stopped Bloomberg or Schneiderman from trying to jam someone up.  You may beat the rap but the ride is still going to cost you.  I don't blame out of State sellers for being cautious.
Link Posted: 9/22/2017 1:59:21 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The law has to do with possession.  Within the borders of the state of NY.  Your acts would not meet the criteria for prosecution.
View Quote
Well, if he knows its illegal he conspires and in any event is an accomplice, knowing, unknowing or willfully ignorant...
Link Posted: 9/23/2017 9:22:06 AM EDT
[#11]
Send it in.  Let the FFL worry about it.  My FFL will pay me for magazines sent with the firearm.
Link Posted: 9/23/2017 3:37:34 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Well, if he knows its illegal he conspires and in any event is an accomplice, knowing, unknowing or willfully ignorant...
View Quote
Can NY prosecute you for "breaking" a NY law when you're not in NY and not a resident?
Link Posted: 9/27/2017 1:01:31 PM EDT
[#13]
Would there be any issue with mailing parts to New York? If someone sends me a spring in one envelope and a few pieces of metal in another envelope then I just have parts. Like buying an ar kit from PSA. I can own all of the parts. the only issue is with when they are assembled.

Then the seller is in the clear.....right?
Link Posted: 9/27/2017 2:47:37 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Can he send the magazine to the FFL and let him worry about it?
View Quote
Absolutely!
There are a good many pistols that just don't have 10 round magazines readily available, so Dealers (FFL's) can, will and do have standard capacity magazines shipped in and modify them before transferring them to the ordinary peons who've demonstrated their wholesomeness and goodness to the States satisfaction in order to have a Pistol.  
Link Posted: 10/9/2017 9:38:50 PM EDT
[#15]
Wanted to add something here. The NY thing should give you pause but understand people in NY can buy mags as long as they do not have them shipped to NY. I know a number of people who like us live in this hell hole but have second homes etc in other states and have the mags sent to addresses other than in NY and that is where they stay.
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