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Sending mags into a ban state

3093 Views 15 Replies 13 Participants Last post by  Shakey
Had an individual who wants to puchase my USPc but they live in a state where the high cap mags are restricted. Now this person asked me if I'd just go ahead and ship the mags to their personal address and ignore the laws. To which I said no. But I had a few questions about this... What laws are being broken by doing something like this. It isn't a federal law. It's a state law. I mean I guess it would be the same thing as breaking a law in another state... but I'm not quite clear on what exactly is wrong with sending ban mags into a ban state as far as the sender goes... I know once the buyer receives them they are guilty of a crime. Just looking for some calrification on this.
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Try to look up the information on the State Attorney General's Office web site for whatever state this person is in.
depending on the state, you can ship "repair" parts for hicap mags, if the mags are pre(whatever state ban) But check the state law.

not sure what law, state or fed is being broken....but i wouldnt send banned mags.
If your dealing with California at all It is legal to purchase replacement parts for your preexisting High cap Magazines.

This letter from one of the California deputy attorney generals gives authorization for California residents to procure replacement parts.

http://www.hoffmang.com/firearms/DOJ-large-cap-magazines-2005-11-10.pdf
i know my state says it is a crime to possess them in this state. it is not a crime to own them and hold them out of state. it is not a crime to purchase them. It is a crime to possess post-ban mags. for instance i can have all the 91 mags i want so long as they are pre-94. i have never heard the replacement parts idea before.

you did the smart thing, i would not want to be attached to any pending lawsuits. bloomberg has been suing ffl's for supposed straw purchases, etc....

i wouldn't want to get near anything questionable with a 10' pole. although, as an individual seller out-of-state to another individual, i'm not sure what they could get you on. but if there is a way, these liberals will find it or make a way.

you did the wise thing and followed the law. It may be stupid, but it is the law in that state....Now it may be in violation of the 14th ammendment but that's another story.
dmg311 has it exactly right. The law is against the possession of post-ban magazines within the state. If you were travelling through the state, they would have to be locked up and unloaded until you left the state. I don't think you could spend the night in a motel. That would be like a home and it could be proven that you then possessed illegal hi-caps in NY. You could never bring them here to compete in a shooting event. HOWEVER, we New Yorkers can store post ban hi-caps out of state and use them to compete where they are legal. I have toyed with the idea of leaving some items with a friend in Kentucky the next time I go to Knob Creek.

If it sounds illegal, it probably IS illegal.

Does anyone know NY's policy on hi-cap repair?

JPG
Yeah, I wouldn't have sent them either. While I have my doubts that alot of resources would be spent on trying to track down someone who had sent a couple to someone I still wouldn't risk it. Some of these far left prosecutors that won't prosecute for rape or child porn might be all over a mag that holds a couple extra rounds. After all they are the root of all evil in their warped minds.
If I were you I would only ship the pistol to an FFL in his area so he could pick it up and have the FFL deal with supplying him mags. that are legal in his state. If the FFL in that state cannot even accept high cap mags. then I would simply not include the mags and reduce the price somewhat. This would make it so the buyer then has to purchase legal mags in his home state and then it's not your problem.
Could he disassemble the mags and ship them as parts seperatly i.e....ship mag housings and springs then ship followers and base plates? Then, "whatever" the buyer does on his end is on the buyer? Not sure on legality, but just a thought.
Could he disassemble the mags and ship them as parts seperatly i.e....ship mag housings and springs then ship followers and base plates? Then, "whatever" the buyer does on his end is on the buyer? Not sure on legality, but just a thought.

Don't think so because of the body of the mag. I could be wrong though but I don't think so.
Maybe it shows "intent" to make a high capacity mag....gotta love our laws sometimes!!
Could he disassemble the mags and ship them as parts seperatly i.e....ship mag housings and springs then ship followers and base plates? Then, "whatever" the buyer does on his end is on the buyer? Not sure on legality, but just a thought.
The mag bodies are the issue. I could send him springs and follwers and floor plates all day long as they are parts. But all of the mags have that little paragraph on the side that say how illegal they are. So the bodies would be the illegal part.

I did offer the weapon without mags at a lower price. But this guy wanted Hi-Caps shipped to him in a ban state. That's more what he was looking I think. He wanted a USP Compact with a bunch of hi-caps. Not just a USP Compact. People need to leave California instead of thinking they can just break the law and have hi-caps anyway. Eventually it will wind up costing them more than it's worth.
Not worth the hassle or headache. If he wants hi-cap, tell him to go buy elsewhere. The risk to you getting into trouble on a few hundred dollars gun sale is not worth it. Being from a ban state, I just buy all the 10 rounders I want and they are cheap & legal!
The mag bodies are the issue. I could send him springs and follwers and floor plates all day long as they are parts. But all of the mags have that little paragraph on the side that say how illegal they are. So the bodies would be the illegal part.

I did offer the weapon without mags at a lower price. But this guy wanted Hi-Caps shipped to him in a ban state. That's more what he was looking I think. He wanted a USP Compact with a bunch of hi-caps. Not just a USP Compact. People need to leave California instead of thinking they can just break the law and have hi-caps anyway. Eventually it will wind up costing them more than it's worth.
Not worth the trouble. Sell it to someone who can legally buy it (and the mags).
of the guns I have bought from out of state, one came in to my ffl gun dealer with high cap mags and my ffl gun delear was able to trade them out for me. He said he would be able to sell the higher cap mags to Law Enforcement. I never had to be in posesion of them. for me to have recieved them myself would have be a violation of state law.
Your buyer is in a state that bans high capacity magazines. Don't do it. You don't need the headache, or legal trouble. He wants to break his local laws let him do it on his own.
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