Mag Question for Leagal Beagles

[TEX]

I have a question about high capacity mags. I think I know the answer, but would like input from others, especially anyone who might have experience or special legal insight to this. Here is the situation. I own a post ban production pistol that originally came in 9mm. This pistol was not put into production until after the ban, so technically no civilian high capacity magazines exist. The magazines held 10 rounds only. Later a 40S&W version came out in this same design and the magazines are interchangable. The 40S&W magazine (it is marked so) will hold more than 10 rounds of 9mm and function in the 9mm version of the gun. The only differences between the two mags (9mm vs 40S&W) are a much smaller follower without legs and a spring that has ever smaller coils so that it can fold into itself without binding. It is possible to put the 40S&W spring and follwer in the 9mm mags, but my understanding is that this would be "altering" the magazine to hold more rounds which is a federal no-no. My question then is this: if the 40S&W mags works reliably in the 9mm pistol, but hold more than 10-rounds, is it in compliance with the 10-round magazine ban to use it in the 9mm version, or is it a violation because it is not being used in the gun it was designed for. This gun will accept high capacity magazines (pre-ban) from another make of pistol, but they extend below the grip bottom, and this is apparantly legal. I relaize that some of this is a grey area that probably has not been tested in court and that it is very unlikely that even in a defensive shooting the number of rounds the magazine could carry would not be looked into and then connected to a pre-ban or post-ban question, but I am interested in other's view points. Personally I think the 40S&W mag holding 10+ in the 9mm gun would be OK because nothing has been altered, but that may just be wishful thinking.

TEX

 

[oberkommando]

Never heard of this question. If the mag is un-altered pre ban I dont see how they can tell you its illegal if you put different ammo in it. The law doesnt say anything about the size of ammo, at least as far a I know. Maybe somebody with more knowlege here will know but if the mag is original pre ban I think you can use it in any gun made as long as you dont alter it physically. Be carefull.

Its pc laws like this that make me want to convert most of my guns to belt feed, esp my benelli

[This message has been edited by oberkommando (edited September 15, 2000).]

 

[buzz_knox]

This is a real grey area but ATF will trot out the argument that because you are not using it in the manner intended (i.e. carrying bullets of a particular size) you have "altered its function." They would probably try to charge you as a test case. Even if they didn't, they would definitely try to change the regs to cover this situation and use your "violation" as evidence that more efforts are being made to skirt the law, justifying further legislation to clarify the issue.

Is a couple of extra rounds worth becoming a poster boy for HCI?

 

[Jeff OTMG]

That question was officially sent to the director of BATF Technical Branch in D.C. and the it is considered manufacturing a high capacity ammunition feeding device. If you use it unaltered was not addressed, but changing out the follower was and it was ruled illegal. Part of the reason being that the mag body, floor plate, and follower are essential parts of a semiautomatic assault weapon under 922(r). If you have a pre-ban high cap mag for a gun in some caliber, you can convert that mag to another caliber and/or for use in another gun, but no post ban mag can be altered to a high capacity configuration for use in any firearm.