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I Think This Is Legal, Isn't It?

nunnnunn Forums Admins, Member, Moderator Posts: 36,085 ******
edited June 2002 in General Discussion
Many gunmakers have near-identical guns in both 9mm and .40. Look at the 10 round mags for these guns. The 9mm is blocked way up there and the .40 not so much. Often, 9mms and .40s will work in one another's magazines.

Say you had a SIG 226 in 9mm. Say you bought a 10 round 226 mag for the .40, and found that the 9mm cartridges fit and feed perfectly in it. Do you not now have a LEGAL POST-BAN high capacity magazine, or what?

SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net
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Comments

  • Jody CommanderJody Commander Member Posts: 855 ✭✭✭✭
    edited November -1
    Does it matter? magazines are not serial numbered are they? just caliber desiginated from factory. As I understand the restrictions on handgun magazines, it applies to manufacturors only,and to INITIAL sale, if You decide to use the magazine in another gun of the same manufacture, there is no violation, so where would be the violation in using in another caliber?
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  • M.OpaliskiM.Opaliski Member Posts: 244 ✭✭✭
    edited November -1
    There are no federal statutes that dictate the specific use of a magazine, post or pre-ban. Having said that, there are no prohibitions to what you are discussing.

    Support your RKBA ... MatthewNRA Life Member opaliski@hotmail.com TheFirearmsEnthusiast
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  • RugerNinerRugerNiner Member Posts: 12,636 ✭✭✭
    edited November -1
    A Ruger 40cal. Mag. will hold and fit 9mm, but is not 100% functional.
    Of course the 40.cal mag holds more 9mm than 40's.

    Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
    Keep your Powder dry and your Musket well oiled.
    NRA Lifetime Benefactor Member.
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  • JudgeColtJudgeColt Member Posts: 1,790 ✭✭✭
    edited November -1
    Beretta M92/M96 magazine bodies are identical, except for markings. I am told a post-ban M96 10-round .40 S&W magazine will hold more than 10 rounds of 9x19. As mentioned, there are other examples.

    I have wondered about this question since the ban. Is the mere fact of loading more 9x19 cartridges than 10 in a .40 S&W magazine "manufacturing" a "large capacity ammunition feeding device?" In the normal sense of manufacturing (taking raw materials and creating something different out of them), it is not. However, the ATF has ruled that certain modifications to existing magazines is "manufacturing" (since seeing that ruling, I wonder how ArmaLite can sell its magazine conversion kits).

    Do we really want to know the answer to this question? The only way to find out is to get a ruling from the ATF.
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  • pikeal1pikeal1 Member Posts: 2,707
    edited November -1
    what question?
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  • ameriskinameriskin Member Posts: 1,859 ✭✭✭✭✭
    edited November -1
    hey judge, i don't think they are permanent mods, so as long as it can be changed back to a factory mag with out machining or manufacturing techniques, they are legal. don't quote me, i'm often wrong. lol. cody
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  • boeboeboeboe Member Posts: 3,331
    edited November -1
    Okay, you need a real question on legality? This thread is so similar I had to ask. The HS 2000 (now marketed as the Springfield XD) only comes with 10 round mags. Beretta 92 mags will work, but the followers won't keep the slide open and they stick out the bottom a bit.

    The Eagle International 17 round S&W mags and Beretta mags work as well, but still there is a problem with the followers not keeping the slide open on the last round and they stick out the bottom a bit as well.

    But I am told, you can pull the factory HS 2000 mags apart, and pull the Eagle S&W mags apart, and put the follower and base plate from the factory HS 2000 mag straight on the Eagle mag body. The function is perfect, it doesn't stick out the bottom at all, and the look very much resembles what would be a factory HS 2000 Hi Cap magazine.

    So, would it be legal to take a high cap magazine that will work (although not perfectly) in a firearm that wasn't available until 2000, and install some different parts to make it function and look better?

    From what I have read, it is legal to modify a pre-ban hi-cap magazine for one firearm and make it work in another firearm, as long as it will still work in the firearm it's intended for. As long as the modified magazine will still work in the firearm it was intended for it is legal, or so seemed the interpretation of the ruling I read. But they do change their minds....

    To err is human, to moo is bovine.
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  • idsman75idsman75 Member Posts: 13,398 ✭✭✭
    edited November -1
    Here's an even better question. How many people have ever seen the law enforced with regards to hi-cap magazines? I have yet to hear of a single prosecution with regards to the subject. If anything, it is just a tack-on charge that is added to other more serious charges. If you use a Beretta 96 magazine in a Beretta 92 and are able to squeeze in a few more rounds, I highly doubt that you will ever fall under the shadow of the jack-booted thugs. There are so many unenforced laws under the books that are overlooked due to their sheer idiocy. I think we could start a whole new thread on the subject.
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