Post ban "hi cap" mag "loophole"?

M

Marcus

New member
I`m just curious about this. I don`t have any guns I can do this with and I certainly wouldn`t if I could,ahem. It concerns the legality of loading a post ban 10rd. mag with smaller caliber rounds that will allow it to hold more than 10rds. without modification. Example, some guns use the same mags for 9mm and .40 (Astra A-75 for one) and function fine. Maybe some others will too (maybe not). If that`s the case,what happens if you can load say 14rds. of 9mm into a .40 10rd. postban mag,it functions fine and you use it in a 9mm pistol. Does that make it an illegally modified post ban mag even though it`s unmodified? What if you have to tweak the feed lips a bit to get it to run in 9mm? Is it only illegal *in* a 9mm pistol and or when loaded with more than 10 9mm rounds? This is of course purely theoretical. :) Marcus
 
The law reads that NO post-ban magazine can be converted or modified to hold more than 10 rounds. However, there is a shady area as far as using a smaller caliber in a magazine. Beretta 96 and 92 mags are like this. I can take a .40 cal 96 magazine and fit 13 rounds of 9mm in it, and it will function in my 92. If I place a 9mm follower in the 96 mag, then it will hold 15 rounds. Clearly, placing the 9mm follower in the 96 mag would be a violation. I think the ATF would also say its a violation simply because a 10 rd magazine is being made to hold more than 10 rounds. I think they would have a hard time convicting based on that premise, unless you actually physically altered the mag.
 
Very interesting.....(mental cogs turning) hmmmmm.
I have a CZ compact. I know the full size mags work in it..but
hang out. Original Hi caps are very very rare. I know they make
a 40 compact but isnt available in the states..If I could find a 40
compact mag, unknowingly of course.....I wonder....

Cool thread.

Shoot well
 
I don't know, but I've heard that Kel-Tec P40 9 round mags hold 11 rounds of 9mm, and that HK P7M10 10 round mags hold 13 rounds of 9mm. For me, it's not worth taking the risk.
 
UH...

Perhaps more effort should be expended on making the FIRST shot count..........oh I've been wrong before though..........
 
I'm sure you guys are aware that nobody is likely to spy on you while at the range. But in the event you're involved in a questionable shooting, if the DA is anti-gun and is looking for something to keep you in jail he/she can easily use the fact that you purposely loaded a 10-round post-ban .40 caliber mag with 13 rounds of 9mm. There are folks here saying that they have to prove it. Well, if an ignorant member of the jury is shown a mag that says ".40" on it, along with a plastic block on the bottom and you had stuffed it with thirteen 9mm rounds, what other "proof" do they need? It's all about reasonable doubt, and unless you can truly show the jury that you, uh, oops, accidentally loaded the wrong mag when you left the house you're in for a rough time. Playing stupid usually doesn't work inside the courtroom.
 
I agree with Sam, If it works with no mods. I believe you are alright. The law doesnt get into this situation...alterations or
modifications are not being done.....I cant do it anyway. No 40 mags except for my 40.
Shoot well
 
Hmmm . . . do post-ban, 10 round .40 mags carry a date stamp or "LEO Only" stamp? I thought the law presumed that mags without such a stamp were legal.
 
Without the LEO stamp how would you tell they weren't pre ban mags? None of the mags I have for my wide bodies say anything other than Made in Canada. With no changes to the mags, I would say you're in good shape.

Another twist, how about using a preban mag in a different caliber. I was looking over my preban Para 16-40 mags and they will hold more than 16 9mm. What if I used them in a Para 18-9?
 
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