High cap mags
- Thread starter twhidd
- Start date
TheBluesMan
Moderator Emeritus
Hkmp5sd - Can you cite a source for that? I don't deny that you are right, I just want to learn more about that law.
It is my understanding that the legal liability falls upon the recipient of the magazine more than the shipper. Perhaps these are state laws I'm thinking about and not federal laws.
It is my understanding that the legal liability falls upon the recipient of the magazine more than the shipper. Perhaps these are state laws I'm thinking about and not federal laws.
From what I understand, it is a state law, not federal. My only source is a couple of businesses that decline to ship anything gun related to CA because they were informed should they ship a restricted item to someone that should not have it, that CA would seek criminal charges against them.
TheBluesMan
Moderator Emeritus
I've seen the same thing, Hkmp5sd, so I'm sure that it isn't prudent (financially or legally) for the seller. I just can't find the law that enumerates the penalties for the seller.
Anyone else?
Anyone else?
Just because you aren't in a state doesn't mean you aren't subject to its laws if you ship stuff into that state. Some states have anti-spam laws, and if you send spam that ends up on a computer in that state, you're subject to those laws.
Not to mention that if there's more than just you involved in selling the magazines, you might be subject to RICO laws (interstate criminal conspiracy).
In the best case, it's a minor crime, you never want to visit the state, and they don't or can't get you extradited. I guess it depends on the destination state.
Not to mention that if there's more than just you involved in selling the magazines, you might be subject to RICO laws (interstate criminal conspiracy).
In the best case, it's a minor crime, you never want to visit the state, and they don't or can't get you extradited. I guess it depends on the destination state.
progunner1957
Moderator
Depends on whether or not you get caught...
Why would the buyer - unless he's a BATFEces agent or snitch, turn you in? He'd be in worse doo-doo than the seller, wouldn't he?
Importing standard-capacity magazines into California has been illegal since January 1, 2000, under Penal Code 12020(a)(2). If someone breaks that law, regardless of what state they live in, and are found out, they'd probably be extradited to California for prosecution.
Standard-capacity magazines not purchased prior to January 1, 2000, are contraband in California. Importing one is a misdemeanor punishable by up to a year in a county jail.
Standard-capacity magazines not purchased prior to January 1, 2000, are contraband in California. Importing one is a misdemeanor punishable by up to a year in a county jail.
Well, in order to be prosecuted, they'd have to be extradited, right?
Depends on the prosecutor, I suppose. Considering that dozens, if not hundreds of Mexicans are imported into California contrary to the law every single day, and only a tiny fraction are caught, let alone prosecuted, smuggling a 13-round Glock 21 magazine into California has pretty good odds of success, I suppose.
It would still be kind of dumb to do it, in any case.
Depends on the prosecutor, I suppose. Considering that dozens, if not hundreds of Mexicans are imported into California contrary to the law every single day, and only a tiny fraction are caught, let alone prosecuted, smuggling a 13-round Glock 21 magazine into California has pretty good odds of success, I suppose.
It would still be kind of dumb to do it, in any case.
In New York City it's the receiver that gets in trouble. NYC law states that pistol licensees can only receive and dispose of a “large-capacity ammunition feeding device” to a firearms dealer only.
That said, no state has jurisdiction over what goes on in other states. If it’s legal to ship a standard-capacity mag in your state then that’s that.
That said, no state has jurisdiction over what goes on in other states. If it’s legal to ship a standard-capacity mag in your state then that’s that.