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Question RE: Magazine Capacity In New York
nunn
Forums Admins, Member, Moderator Posts: 36,018 ******
On any of my magazines of over 10 rounds capacity, I have a list of places that I won't ship them. I got the list from other sellers, and did not research it myself.
So, a buyer from New York won a 30 round rifle magazine. Can he have it or can he not?
So, a buyer from New York won a 30 round rifle magazine. Can he have it or can he not?
Comments
But he can own it in another state.
IIRC.
Bans possession of any "high-capacity magazines" regardless of when they were made or sold. The maximum capacity for all magazines is 10 rounds. .22 caliber tubular magazines are exempt from this limit. Previously legal "pre-1994-ban" magazines with a capacity of 30 rounds are not exempt, and must be sold within one year to an out-of-state resident or turned in to local authorities. The magazine limit took effect April 15, 2013.[8][9] Originally the law allowed only seven rounds to be loaded into a magazine, but this provision was struck down by a federal judge on December 21, 2013.[10]
On any of my magazines of over 10 rounds capacity, I have a list of places that I won't ship them. I got the list from other sellers, and did not research it myself.
So, a buyer from New York won a 30 round rifle magazine. Can he have it or can he not?
You've gotten the correct answers already, so you know you cannot ship the magazine to New York, if that is what the buyer is asking you to do.
If you've just looked at his address and concluded it's going to New York and haven't actually communicated with the buyer yet, you may want to wait until you hear from him. Some time back I had sold a 30-round magazine to someone with an address in a place where it was prohibited, but it turned out he had a second home (right in South Carolina near me) where it was perfectly legal -- and that is where I sent the magazine to.
also sold 300rds of 50cal ammo on links to a guy in California. had to make them 10rds on links which he said was legal since they were only 10rds linked together.
so, technically it wasn't a complete mag or omplete linked ammo.
I sold a bunch of 30rd ar mags to a guy in new York. he had me take them apart and ship the bodies separately, then a week later ship him the springs and followers. said it was legal since they were not shipped together.
Nonsense. He's looking at a felony if he's caught. Odds are probably pretty good that the New York authorities wouldn't charge you even though you were clearly helping in the felony, but you never know. (I'd suggest getting legal advice from a lawyer -- or at least spend a little time looking up the laws on your own -- and not relying on someone buying from you to tell you what's "legal.")
http://www.scopeny.org/safe_act/#mags
cant hold me liable for what someone does with the items you send them. no different than someone buying a ar upper from you under 16 inches and not having a pistol lower. since when is the seller liable for what the end user does with the item?
You're not looking at a "liability" issue. You helped someone to commit a crime in his state.
Practically, the risks of anyone trying to prosecute you is probably pretty low -- they first have to catch the guy you helped, then find you and bother enough to pursue you; they'd need your state's cooperation too. But if this guy was some nut-job and goes and shoots up a school, and they find out you're the one who had supplied him with the magazines he uses in that crime, you'd better get yourself a good criminal defense lawyer.
meanwhile as the world churns,,I feel so safe now that we have new laws backed by the libtards --
why do the tinfoil types always bring up " someone might shoot up a school!" with what you sold them. and no, I didnt help anyone commit a felony! so YOU know personally that the guy put the magazines together? please keep your armchair accusations to a minimum!
You've completely missed my point, but like it or not, you have helped someone commit a felony. And while I think most of the firearm laws (national and state) are ridiculous, they are what they are, and if you don't want to risk ending up in jail, you may want to pay a little more attention to them.
Judges continue to be the most brain dead fecal cranium idiots who ever unfortunately drew a breath.
Too old to live...too young to die...
On any of my magazines of over 10 rounds capacity, I have a list of places that I won't ship them. I got the list from other sellers, and did not research it myself.
So, a buyer from New York won a 30 round rifle magazine. Can he have it or can he not?
Just stamp "Load only 10 rounds in this Mag" and you should be good. [:o)]
I sold a bunch of 30rd ar mags to a guy in new York. he had me take them apart and ship the bodies separately, then a week later ship him the springs and followers. said it was legal since they were not shipped together.
also sold 300rds of 50cal ammo on links to a guy in California. had to make them 10rds on links which he said was legal since they were only 10rds linked together.
so, technically it wasn't a complete mag or omplete linked ammo.
How much you get on 100 rnd linked .50?
quote:Originally posted by burpfire
why do the tinfoil types always bring up " someone might shoot up a school!" with what you sold them. and no, I didnt help anyone commit a felony! so YOU know personally that the guy put the magazines together? please keep your armchair accusations to a minimum!
You've completely missed my point, but like it or not, you have helped someone commit a felony. And while I think most of the firearm laws (national and state) are ridiculous, they are what they are, and if you don't want to risk ending up in jail, you may want to pay a little more attention to them.
Even if he had broken the law (which nobody here can prove) why should he care about following an illegal law in the first place? At some point we have to stop acknowledging authority of those who seek to take our freedoms and give them their due respect. ..none. I use to try to try and encourage people to work within the system to change things. Problem is the system is broke! It's analogous to trying to plow a field with a broken plow....try as hard as you want but it won't work. It hasn't in the past...and to continue the same methods over again with the expectations of different results is the definition of insanity.
Stop acknowledging authority you know people don't really have....heck it's wored with the states when it comes to pot....just might work with guns.
Every time these socialist democrats convene or have a special session, they pass more laws restricting Second Amendment rights.
How can any seller expect to keep up with thousands of state and municipal laws that constantly change and become increasingly hostile towards firearms owners and enthusiasts. IMHO, it is not worth the risk.
quote:Originally posted by competentone
quote:Originally posted by burpfire
why do the tinfoil types always bring up " someone might shoot up a school!" with what you sold them. and no, I didnt help anyone commit a felony! so YOU know personally that the guy put the magazines together? please keep your armchair accusations to a minimum!
You've completely missed my point, but like it or not, you have helped someone commit a felony. And while I think most of the firearm laws (national and state) are ridiculous, they are what they are, and if you don't want to risk ending up in jail, you may want to pay a little more attention to them.
Even if he had broken the law (which nobody here can prove) why should he care about following an illegal law in the first place? At some point we have to stop acknowledging authority of those who seek to take our freedoms and give them their due respect. ..none. I use to try to try and encourage people to work within the system to change things. Problem is the system is broke! It's analogous to trying to plow a field with a broken plow....try as hard as you want but it won't work. It hasn't in the past...and to continue the same methods over again with the expectations of different results is the definition of insanity.
Stop acknowledging authority you know people don't really have....heck it's wored with the states when it comes to pot....just might work with guns.
No one has to "prove" that "burpfire" broke the law because he's directly admitted what he's done.
I understand the idea of revolt -- at some point -- against unjust laws, but are you really going to use a ban on magazines as your "line in the sand"? Additionally, drawing a personal "line in the sand" that the vast majority of the population won't agree with isn't going to be a very effective revolution. You'll be shot down, and the rest of the population will continue on their merry march to socialism.
Also, because I choose not to "throw myself in front of the juggernaut" and openly violate unjust laws (such as burpfire has done) does not mean I "acknowledge the authority" of those creating and enforcing unjust laws. I follow the law because I risk being jailed if I don't. Just as I would comply and hand over my wallet if I were confronted by a common criminal who stuck a gun in my face and demanded it -- my compliance is not giving the person making the unjust demand, backed by violence, my "respect."
I sold a bunch of 30rd ar mags to a guy in new York. he had me take them apart and ship the bodies separately, then a week later ship him the springs and followers. said it was legal since they were not shipped together.
also sold 300rds of 50cal ammo on links to a guy in California. had to make them 10rds on links which he said was legal since they were only 10rds linked together.
so, technically it wasn't a complete mag or omplete linked ammo.
"Technically". That's a good one. Tell it to the judge. Judges love a good laugh now and then.
One law was a limit of magazines. A felony for each magazine over 10 rounds in possession. I had 103 20 and 30 round magazines in the closet. That's 103 felony charges if caught. I would have been the city's leading criminal for doing nothing more than moving there with property that was perfectly legal where I used to live.
Obviously I wasn't caught. And since the statute of limitations is long past, the idiots making the laws in Cincinnati can kiss my lily white *...then consume fecal matter and expire...and burn in Hell forever.
Too old to live...too young to die...
Even if he had broken the law (which nobody here can prove) why should he care about following an illegal law in the first place? At some point we have to stop acknowledging authority of those who seek to take our freedoms and give them their due respect. ..none. I use to try to try and encourage people to work within the system to change things. Problem is the system is broke! It's analogous to trying to plow a field with a broken plow....try as hard as you want but it won't work. It hasn't in the past...and to continue the same methods over again with the expectations of different results is the definition of insanity.
Stop acknowledging authority you know people don't really have....heck it's wored with the states when it comes to pot....just might work with guns.
Good post.
If the law does not specify how the possessor obtained the device, doesn't the onus fall upon him rather than the provider of the outlawed device?
What's the difference between an individual having the illegal device shipped to him or driving down to Virginia to purchase it and carrying it back to New York?
If there is no specific law, in the ender's state, that prohibits selling/sending magazines, etc., to a state where their possession is prohibited, what law has been broken by the sender?
Point to ponder.
If there is no specific law, in the ender's state, that prohibits selling/sending magazines, etc., to a state where their possession is prohibited, what law has been broken by the sender?
Aiding and Abetting?
quote:Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets in the commission of a crime. It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if they are not the principal offender.
He is committing a crime buying a banned product. You are Aiding him in that crime by selling and shipping the banned product to him in his home state.
On any of my magazines of over 10 rounds capacity, I have a list of places that I won't ship them. I got the list from other sellers, and did not research it myself.
So, a buyer from New York won a 30 round rifle magazine. Can he have it or can he not?
I am guessing its then up to the owner to decide to remove the blocking plate or rivet to allow the magazine to be loaded past the 10 rounds once they receive it and by doing so breaks the law . but when it was sold and shipped it was a 10 round magazine
but now one with a 1/8" hole from the rivet
Every time these socialist democrats convene or have a special session, they pass more laws restricting Second Amendment rights.
How can any seller expect to keep up with thousands of state and municipal laws that constantly change and become increasingly hostile towards firearms owners and enthusiasts. IMHO, it is not worth the risk.
I am going to disagree with my old friend, chiefr, here.
Even in the "gun hating socialist democrat controlled" states, there are gun-loving, freedom-loving, decent, God-fearing conservative people. I won't punish them on account of where they live, so I will sell to them what is legal.
Just Send it To him, It's Up to Him He Takes The Flack We Do have Our own Choices You Worry About Texas We Will Do Our Best Here[;)] quote:Originally posted by nunn
On any of my magazines of over 10 rounds capacity, I have a list of places that I won't ship them. I got the list from other sellers, and did not research it myself.
So, a buyer from New York won a 30 round rifle magazine. Can he have it or can he not?
+1000
Maybe you should not sell remington 1100 and 870's to duck hunters in NY. Or are you going to make sure there is a mag plug in every shotgun?? Even then, They might remove the mag plug and load 4 rounds.
Let the buyer/owner worry about breaking any
illegal laws on their home state's books.
Hell, he just might be a new member of a group that wants to challenge the law.
If enuff people stood up to asinine laws and law makers, things would get better.
If half the people that were worried about following these laws, did something to protest them, the laws would change fast.