Magazine law question

C

coati

New member
Just so's I'm clear:

1) I'm not in California
2) I don't want to break any laws

My question: are all high capacity magazines that I can buy (non-LEO)--aftermarket or original manufacturer--made before Sept. 13, 1994? Or, are the cheap abundant ones, that many say are unreliable, sold under some sort of loophole?
 
Since we're talking magazine law, I've got a second question -- and I've not been able to find an answer to it in the Fed. Regs.

I have a CZ in .40 s&w. The mags work beautifully in my 9mm CZ. But have the added advantage of holding an additional three rounds, for a total of 13. In doing so, am I going to get my hind end in trouble from someone, like an LEO after a "justified" self-defense shooting, or the BATF?

I know that this same phenomenon works with some other guns, too. (But not all...)
 
Walt, I would keep the .40 mags for the range, but I'd carry PC 10 round mags on the street.

Since you own both the 9mm and the .40 I think you'd be safe with both guns together, however even at that I imagine if the BATF really wanted to bend you over they could if you loaded up your .40 magazine with 13 9mm rounds.
 
ANY "ammunition feeding device" made after September 13th, 1994 may not hold over ten rounds. I would assume that also includes stuffing thirteen 9mm rounds into a .40 caliber magazine. The ones you see advertised in some magazines like Shotgun News are supposedly all pre-ban. However, there's little doubt in my mind that many of them are really unmarked post-ban mags imported into this country. Also, scores of pre-ban mags were being imported until an Executive Order banned it.
 
Disclaimer: I'm no attorney - below is my layman's understanding of the laws.

IF the standard-capacity magazine was made "Pre Ban" it's generally legal to own and use in any firearm.

Now, there ARE some limitations (per BATF regulations) on imported "assault rifles" in regard to domestic parts content; for example using an imported pre-94 AK mag in a post-94 import AK with a pistol grip may require you to do some things like use a US-made follower or floorplate on the mag, or replace some of the rifle's internals to keep the domestic content of it above the BATF threshold.

Walt, as far as using .40 mags in a 9mm, unless the mags are stamped "LEO-Only" or some such, I don't see any avenue of prosecution, especially since the question doesn't seem to be addressed in the law. I mean, if it's not banned, it's legal, right? (Remember the disclaimer above!) I believe the law says banned mags have to be identified by the manufacturer as such, and if there's no such identification on the magazine, the presumption is they're legal. Regardless of where they're used.

If someone with more legal training than watching old Perry Mason reruns can shed further light on this last point, I'd like to know, too.
 
coati,

There is no Federal law against buying all the full-capacity magazines manufactured before the date of the Crime Bill that you can afford. There are various states that have their own regulations about full-capacity magazines, but you have to check your state to figure out if you're affected. New Jersey, Maryland, and California come to mind, I'm sure there are others...
 
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