Post ban hi caps. Any comments?

Sport

New member
Yesterday, a pro-gun LEO told me his
department's armorer could find nothing
in U.S. code that made civilian posession
of post ban hi-cap magazines a chargeable
offense.

I know the ban was passed by both houses
of Congress and signed by the President.

What I want to know is how do I find the
actual law as it appears on the "books"?

I've looked into TiTle 18, (Federal crim-
inal code), so far nothing.
 
BATF's Q&A covers this at http://www.atf.treas.gov/firearms/faq/faqo.htm#o3

18 U.S.C. 921(a)(31) : The term ''large capacity ammunition feeding device'' - (A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

18 U.S.C. 922(w)(1) : (1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.
 
What makes the whole situation tricky is that ATF has ruled that preban mags can be repaired with new replacement parts and still be considered preban

a guy posted a letter from BATF on AR15.com last month

dZ
 
This is in reply to your letter dated January 15, 2000, in which you seek clarification of previous correspondence from
this office regarding replacement parts for large capacity ammunition feeding devices.

You specifically ask about sending magazines that were lawfully possessed prior to the enactment of the Violent Crime
Control and Law Enforcement Act of 1994, back to respective manufacturer's to be refurbished. The cited act was
enacted on September 13, 1994.

The Bureau of Alcohol, Tobacco and Firearms has advised that individual component parts of a large capacity
ammunition feeding device, i.e., follower, spring, magazine body, and baseplate, in and of themselves do not
constitute a large capacity feeding device. The above individual parts, irrespective of their date of manufacture, may be
used or sold, as replacement parts for lawfully possessed large capacity magazines. We would point out that the
transfer of sufficient component parts in piecemeal fashion to assemble a large capacity magazine, would be treated
as the transfer of a restricted magazine. An existing pre-ban magazine may not be exchanged for a magazine
manufactured after September 13, 1994. Further, such a transfer may also constitute unlawful aiding and abetting the
purchaser's violation of possessing a large capacity magazine. Therefore, all components can be replaced, but cannot
be done on the same occasion.

We trust that the foregoing has been responsive to your inquiry. If we can be of any further assistance, please contact
us.

Sincerely yours,

Edward M. Owen, Jr.
Chief, Firearms Technology Branch
http://forums.ar15.com/Forum13/HTML/002359.html
 
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