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shipping hi cap mags to CO and IL

GreenLanternGreenLantern Member Posts: 1,647 ✭✭✭
edited March 2013 in Ask the Experts
I was going to put some mags up for sale on GB. I know some states there are bans. But I see from this CO and IL have some local jurisdictions that have restrictions.

To you guys who have posted mags for sale, do you also choose not to send to these areas too? I'm guessing these local bans wouldn't hold water in court but I don't want to be a test case.

http://www.handgunlaw.us/documents/NoHiCapChemSpray.pdf

Comments

  • grdad45grdad45 Member Posts: 5,379 ✭✭✭✭
    edited November -1
    I have seen a lot of disclaimers noted in auction descriptions telling folks not to bid if the item is illegal where they live. I think it puts the legalities on the buyers end. If the item is legal to own, sell, and ship via USPS where the seller is, it's not the seller's problem.
  • k.stanonikk.stanonik Member Posts: 2,109 ✭✭
    edited November -1
    The primary area to worry about in Illinois is cook county, for now the rest of us are safe.
  • andrewsw16andrewsw16 Member Posts: 10,728 ✭✭✭
    edited November -1
    HINT: Don't put a return address on the box. [:D]
  • bambambambambambam Member Posts: 4,818 ✭✭✭
    edited November -1
    quote:Originally posted by k.stanonik
    The primary area to worry about in Illinois is cook county, for now the rest of us are safe.



    Yep, I live in IL. We don't have any more restrictions for ownership than Texas, ect.

    Anyone can own anything(execpt full auto w/o special license).

    Chitcago &/or Cook Co. is the problem area, rest of the entire state is free game.
  • nmyersnmyers Member Posts: 16,891 ✭✭✭✭
    edited November -1
    I share GreenLantern's concern about not wanting to be a test case.

    When in doubt, I check the large online shooting supply dealers for their policy. For 30 rd mags, Aim Surplus' policy is:

    "Not for sale in CA, MA, MD, NJ & NY."

    USPS considers packages without a return address to be suspicious, so they are routed for examination, "sniffing", & sometimes even irradiation. This may result in delay or destruction.

    Neal
  • CheechakoCheechako Member Posts: 563 ✭✭✭✭
    edited November -1
    Rather than fearing a test case, we sould welcome it. AFAIK it is not against the law for me to ship a mgazine to anyone, anywhere in the USA. It may be against the law for a resident of a certain State to possess the magazine, but that is his problem, not mine.

    Can a State pass a law that is binding on me if I do not live in that State? That is the question that has to be answered if we are ever to resolve this issue.

    JMHO

    Ray
  • nmyersnmyers Member Posts: 16,891 ✭✭✭✭
    edited November -1
    Ray is right.

    But, a legal fight against the Feds starts at $10,000, & can easily exceed $100,000. ATF doesn't need to win, they break you with the perp walk, the loss of your job & house, & the cost of litigation. If you haven't read the newspapers in the last 5 years, we now have an Executive branch that doesn't care what the law is, the Big Liar does what he pleases.

    Neal

    "Arrest now, litigate later." ---- ATF motto
  • andrewsw16andrewsw16 Member Posts: 10,728 ✭✭✭
    edited November -1
    quote:Originally posted by nmyers
    I share GreenLantern's concern about not wanting to be a test case.

    When in doubt, I check the large online shooting supply dealers for their policy. For 30 rd mags, Aim Surplus' policy is:

    "Not for sale in CA, MA, MD, NJ & NY."

    USPS considers packages without a return address to be suspicious, so they are routed for examination, "sniffing", & sometimes even irradiation. This may result in delay or destruction.

    Neal

    Meh. So put a "return address" on it. [:D] There's no way for the postal clerk to know if it is yours. Sometimes, when I want to make doubly sure a package gets to my daughter, I put her address in both the sender and return part of the box. That way, if the TO: address gets defaced, it will still get there. Besides, so what if they xray or open it? A magazine has no federal postal restrictions on shipping.
  • competentonecompetentone Member Posts: 4,696 ✭✭✭
    edited November -1
    quote:Originally posted by Cheechako


    Can a State pass a law that is binding on me if I do not live in that State? That is the question that has to be answered if we are ever to resolve this issue.



    That "question" has already been answered. I'd suggest a person talk to a lawyer before they go and blatantly violate another state's laws helping someone "import" high-capacity magazines to a location where they are illegal.
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