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Thread: Is it legal to have magazines in any state?

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    Are magazines (for XD 9 or XD45) legal to have in any state (without a gun)?

    Since it's just the magazine I would assume yes?

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    No. Some states have capacity bans on magazines.

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    Campaign Veteran marshaul's Avatar
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    Right. For example, in California you don't want to be caught with magazines over 10 rnd capacity, unless you can prove you owned them pre-ban. And you don't have to have the gun to go with it to get busted.

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    Regular Member MetalChris's Avatar
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    In Ohio you can't have anything over 30 rounds. Well technically you can have it, but can't insert it into a weapon.

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    Anyone know NY law?

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    Regular Member mjones's Avatar
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    marshaul wrote:
    Right. For example, in California you don't want to be caught with magazines over 10 rnd capacity, unless you can prove you owned them pre-ban. And you don't have to have the gun to go with it to get busted.
    Importation, manufacture, selling or loaning (unless you remain present) magazines with a capacity greater then 10 rounds is illegal in CA, not posession.

    12020. (a) Any person in this state who does any of the following
    is punishable by imprisonment in a county jail not exceeding one year
    or in the state prison:
    (2) Commencing January 1, 2000, manufactures or causes to be
    manufactured, imports into the state, keeps for sale, or offers or
    exposes for sale, or who gives, or lends, any large-capacity
    magazine.
    (25) As used in this section, "large-capacity magazine" means any
    ammunition feeding device with the capacity to accept more than 10
    rounds, but shall not be construed to include any of the following:
    (A) A feeding device that has been permanently altered so that it
    cannot accommodate more than 10 rounds.
    (B) A .22 caliber tube ammunition feeding device.
    (C) A tubular magazine that is contained in a lever-action
    firearm.


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    MetalChris wrote:
    In Ohio you can't have anything over 30 rounds. Well technically you can have it, but can't insert it into a weapon.
    We seem to be the only ones to have noticed. I know of wholesalers who advertise higher-capacity stuff here, and I've seen people at the range with drum mags for rifles.

    -ljp

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    Campaign Veteran marshaul's Avatar
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    mjones wrote:
    marshaul wrote:
    Right. For example, in California you don't want to be caught with magazines over 10 rnd capacity, unless you can prove you owned them pre-ban. And you don't have to have the gun to go with it to get busted.
    Importation, manufacture, selling or loaning (unless you remain present) magazines with a capacity greater then 10 rounds is illegal in CA, not posession.

    12020.* (a) Any person in this state who does any of the following
    is punishable by imprisonment in a county jail not exceeding one year
    or in the state prison:
    (2) Commencing January 1, 2000, manufactures or causes to be
    manufactured, imports into the state, keeps for sale, or offers or
    exposes for sale, or who gives, or lends, any large-capacity
    magazine.
    (25) As used in this section, "large-capacity magazine" means any
    ammunition feeding device with the capacity to accept more than 10
    rounds, but shall not be construed to include any of the following:
    ** (A) A feeding device that has been permanently altered so that it
    cannot accommodate more than 10 rounds.
    ** (B) A .22 caliber tube ammunition feeding device.
    ** (C) A tubular magazine that is contained in a lever-action
    firearm.
    Right, which means the only possible way to own a legal standard-capacity magazine is to have owned it pre-ban.

    Edit: I see what you're getting at, technically if you bought a standard-cap mag in-state the crime would not be your possession but the sale of it to your person.

    Is there any precedent for this circumstance? Is it actually effectively legal to buy a standard-cap mag and simply "not keep a record" of the transaction or seller, and to subsequently keep and possess that magazine?

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    Regular Member rodbender's Avatar
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    Could you buy a high capicity mag in say Arizona or Nevada and take it into Califirnia and be legal? Never mind, I missed imports.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    Regular Member mjones's Avatar
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    marshaul wrote:
    Right, which means the only possible way to own a legal standard-capacity magazine is to have owned it pre-ban.

    Edit: I see what you're getting at, technically if you bought a standard-cap mag in-state the crime would not be your possession but the sale of it to your person.

    Is there any precedent for this circumstance? Is it actually effectively legal to buy a standard-cap mag and simply "not keep a record" of the transaction or seller, and to subsequently keep and possess that magazine?
    Its certainly a fine line...since posession isn't a crime it would be neccessary to prove that a person violated one of the conditions legislated.

    Proof might be as simple as a date-code stamped somewhere on the magazine. An even more clear method of proof would be something like a credit card record.

    I'm certainly not advocated that anyone skirt the law, I just wanted to make sure that people understand that there isn't any legislation in California against mere posession of a standard capacity mag.

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    Regular Member zoom6zoom's Avatar
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    I think it's important to perpetuate our own terminology... "standard capacity" and "reduced capacity" rather than the "High Capacity" tag applied by the banners.

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    zoom6zoom wrote:
    I think it's important to perpetuate our own terminology... "standard capacity" and "reduced capacity" rather than the "High Capacity" tag applied by the banners.
    This.
    Why open carry? Because 1911 > 911.

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    Regular Member david.ross's Avatar
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    Indeed, so if anyone goes on TV again, mention standard capacity and reduced capacity. ^_^
    Gays are prominent members of firearm rights, we do more via the courts, don't like it? Leave.
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