Max Mag Capacity

[Selfdfenz]

Question:

I have a firearm that will accept 13 or 14 round mags and in the country of origin thsi pistol comes so supplied. Here in the States it comes with 10 round PC mags. The date of production of the firearm is after the time the mag restriction law came into effect.
Hi caps for thsi model are not too easy to come by but you can find them sometimes.

I have another firearm made by the same maker (different model)that came WITH 15 round hicaps even though the date of production of that pistol is also after the mag capacity restrictions went into place. I believe the design of this pistol predated the mag capacity restriction law by a few years. Hi cap for thsi model are pretty easy to come by.

The gun mentioned in the first paragraph was not in the American market place before the mag restriction was enacted. The pistol in the second paragraph was. again the manufacture date of both pistols came after enactment of the law mandating 10 rounders.

Can I buy 13 round (used 13 round at that) hi caps and use them in the gun mentioned in paragraph 1? They are not marked"FOR LE USE ONLY"


Thanks for the input and have a great weekend.
S-

[Bruegger]

In Cali you can't.

Semper fi,
Bruegger out

[Walt Sherrill]

If the mags are not marked for LE use only, and you obtained them legally in the US market, you're okay.

I have several guns that were made POST-Ban, but which accept pre-ban mags. Its the MAG, not the gun, that is the issue. If you can find LEGAL mags, you can use them.

[bastiat]

As long as you live in a free state, yes, you can use them.

[branrot]

Though I think California has different laws, other states (including Florida) allow you to buy and sell hi-cap pre-ban non-LEO marked magazines with no restrictions. You just can't make new hi-caps (or modify post-ban mags to hi-cap).

From what I've heard, some guns that were made in anticipation of the ban (ie, Walther P99, HK USPc, etc.) had mags made and shipped to the US in advance. Therefore, you can have legal hi-cap mags for post-ban guns.

[sigmund]

The date that the gun was manufactured does not matter. All that matters under the federal law is the date of manufacture of the magazine. As discussed above, some states have more anal laws than even the feds.

Under the federal law, if the mag was manufactured pre-ban, you can own it and use it in any gun. A pre-ban mag in a post-ban gun is legal. If the mag was manufactured post-ban and holds more than 10 rounds, it should be marked LEO-only, and you cannot own or use it.

[Eric Larsen]

What if the particular model of gun started manufacture after the ban. Example CZ PCR..started in the later 90's. These guns take the Hi Caps for the Compact 75 that has the 13 rnd mags. The Compact started manufacture and Import before the ban..thus some OEM guns and Hi Caps were imported. Both guns take the CZ full size Hi Caps and work flawlessly.
If I have a gun that started a model year production after the 94 ban and have Hi Caps for it..what is the law in this situation?
Not just the year of manufacture of the gun...but the year the particular model was designed, marketed, produced and sold?

Selfdfenz, kinda relates to your question doesnt it? Kinda sorta
Shoot well

[Hkmp5sd]

As mentioned above, the date of manufacture of the gun does not matter. Only restriction is the date of the manufacture of the magazine.

If you wanted to, you could design and manufacture a firearm that accepts AR/M16 magazines beginnig today. Except for states like PRK, you can then use any pre-ban M16 magazine you can find.

[BLiTzNicK]

Kel-Tec actually makes a grip extension to allow you to use S&W hicaps in there guns. ;)

[Destructo6]

Gotta be a HK USP question.

HK's official position is that the USP 45 mags are post ban or illegal European imports. If it ever went to court, I'd say that would probably be the authority to sink you.

In my opinion, 2 or 3 rounds isn't enough to take a risk like that.

[Selfdfenz]

Eric,
Right on the money.
I have found a supplier of 13 rnd mags for my PCR but now I worry if it is legal to use them.

Becaue the Compact and PCR will both take these mags I think it should be legal for me to possess and use them for concelaed carry. Seems like it would be legal to possess them no matter what.
At 13 rounds they do start to make the PCR start to feel its weight. I am used to the 10 round weight I suppose.

If you are intersted I can give you an address for the fellow.

Take care, and as always TFL is a great place to get answers.
Thanks,
S-

[Hkmp5sd]

It seems you are referring to a gun which was supposedly manufactured after the ban and the company (H&K) claims there are no pre-ban magazines that will fit in that gun.

You also appear to have a source for magazines that are supposedly pre-ban high capacity that will fit the gun.

Under the federal law (18 U.S.C. § 922):

(4) If a person charged with violating paragraph (1) asserts that
paragraph (1) does not apply to such person because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of this title shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).

If you purchase the magazine from a commercial source with a sales receipt and the magazine is not marked LE only or otherwise with a restrictive marking, you are pretty much in the clear over its use.