[aralls]

I just received payment for a 15 round USPf 9mm magazine and now notice that the buyer's address is in New York. Not NYC, but NY nonetheless. Based on a Google search, it appears that NY doesn't allow such magazines.

Am I breaking the law by shipping it to him? Would anyone here ship the mag in my situation?

 

[Landpimp]

nope, I would not break the law(if it is the law) and ship it.

 

[Scooter]

Pull the mag apart and send it. It no longer becomes a mag, only spare parts.

 

[joshoowa]

Is it a pre-ban mag?

You coud break down the mag and ship it in two packages, make buyer pay for the additional shipping charges.

 

[aralls]

Is it a pre-ban mag?

It was not LEO marked, so I assume it was either preban (wasn't the ban introduced right around when the USP came out though) or made after 2004.

 

[UncleBilly]

Am I breaking the law by shipping it to him? Would anyone here ship the mag in my situation?

I don't know about pistol mags, but hi-cap magazine made before 94 can be shipped to NY, I sold a BETA C-MAG to a new yorker, yes it was one of the ones I bought during the federal ban from Ruben, that had a factory certificate on the box denoting that the serial number drum was made before sept 94 . if that holds true for pistol mags as well, then you wouldn't be breaking any state law. providing the mag was made before 94

 

[Mouseboy]

I don't know about pistol mags, but hi-cap magazine magazine made before 94 can be shipped to NY, I sold a BETA C-MAG to a new yorker, yes it was one of the ones I bought during the federal ban from Ruben, that had a factory certificate on the box denoting that the serial number drum was made before sept 94 . if that hold true for pistol mags as well, then you wouldn't be breaking any state law, providing the mag was made before 94

Yep, if its pre 9-94 is OK; however, if its post 94, DO NOT ship. In parts or any other state of assembly...Pistol or rifle, they treat it the same....

 

[Mouseboy]

Pull the mag apart and send it. It no longer becomes a mag, only spare parts.

this may be VERY bad advice, I don't think a judge (or prosecutor) would buy this

 

[policemedic]

Read the NYS statute and be very careful.

The advice being given refers to the now-defunct Federal Assault Weapons Ban, the demise of which has no effect whatsoever on any state's gun laws. New York State can impose whatever limitations on mag size it wants to.

Case in point- I recently made a trip to California for my sister-in-law's wedding. While I can carry in CA under Federal law, I carried a 1911 w/8 round mags so as not to violate California's mag restrictions.

I will say that if NY law forbids 15 round magazines, shipping it in parts will likely not be considered a defense.

As a disclaimer, free advice is sometimes worth what you pay for it...my own included. Do your research before you ship.

 

[straightgrain]

No. Period. I will not violate another state's laws, especially with regard to firearms and accessories. I have a CHL that allows me to carry in a great many states and I drive a lot. Just before I cross that borderline into Illinois, I disarm myself and break down the weapon and store it according to their law.

I may not like it, but I abide by it.

 

[ptoguy]

Pull the mag apart and send it. It no longer becomes a mag, only spare parts.

It would take some research before you know that was ok for NY, and it might not be.
This method is recognized as being ok in California (there are some DOJ letters going around about it), proivded they are being used for spare parts or for rebuilding of a magazine that was owned before Jan 1, 2000.
NY is probably different.

 

[thruster]

I would not take the chance. If he ever got caught with it I am sure he would have no problem giving your name the the police. You do not need that kind of trouble over a mag.

 

[Scooter]

this may be VERY bad advice, I don't think a judge (or prosecutor) would buy this

California also has a mag capacity ban, but yet the CA DOJ has stated that you can buy replacement parts to fix your old mags. This was okay per the ex-federal assault weapon ban and current California assault ban.

 

[Parabellum]

I would not take the chance. If he ever got caught with it I am sure he would have no problem giving your name the the police. You do not need that kind of trouble over a mag.

That is exactly what I was thinking.

aralls, I wouldn't do it.

 

[raymond-]

California also has a mag capacity ban, but yet the CA DOJ has stated that you can buy replacement parts to fix your old mags. This was okay per the ex-federal assault weapon ban and current California assault ban.

that, however, is different than what you proposed earlier: simply to disassemble and ship. it's quite obvious that your intent was to circumvent the letter of the law through slight of hand, and I would agree that it would not pass the litmus test. I also do not profess to be the legal reference and would advice caution and to steer clear and avoid gray area solutions. If you're willing to carry out such a transaction yourself, that's fine. But to encourage someone else to risk their legal standing is reckless.

 

[Scooter]

There is no law that prohibits anyone from exporting mags out of their own state. The laws only prohibits someone from importing completed mags. What the buyer does from there is up to the buyer. The seller isn't the one importing, it's the buyer that does the importing.

The problem is you guys that don't live in states with these restrictions don't know all the ins and outs of the law. Most of those that do live in restricted states tend to know the law better than law enforcement and also the department of justice.

 

[loupav]

Not a good idea to break the law.
Give him the money back. Simple as that.

 

[straightgrain]

Page 297 of the ATF "Bible" on state regs...

265.10

Any person who transports or ships... large capacity ammunition feeding device... is guilty of a class D felony.

There is no exception for the shipper being based outside of NY. Breaking it into pieces, even for an HK magazine, to try to get around this would be viewed as "constructive intent" to break a law.

Don't do it.

 

[sniper1]

Dont be dumb man, if you even need to ask this question then you already know that you shouldnt do it.

 

[sfguard]

I enjoy my rights too much to risk them for the cost of a mag.