Hi Cap Mag/FireArm Question

[taz-2005]

Sorry for sounding too much like a newbie but......

My understanding is that Hi Cap mags that were made prior to 98(i may be off on the year)are legal. So when buying a new handgun in box the leagal capacity is no more than 10rds correct? Or does it depend on when the gun was in state?

Thanks.

 

[KMaurer]

Massachusetts law only allows hi-cap (i.e., 11+ round) magazines if they were manufactured prior to the federal AWB cut-off date in 1998. Those magazines are legal regardless of what state they were in at any particular date; all other hi-cap mags are illegal, again regardless of their migrations.

Ken

Edited by LenS-Mod: Cut-Off Date is 9/13/1994!

 

[cdkayak]

Massachusetts law only allows hi-cap (i.e., 11+ round) magazines if they were manufactured prior to the federal AWB cut-off date in 1998. Those magazines are legal regardless of what state they were in at any particular date; all other hi-cap mags are illegal, again regardless of their migrations.

Ken

I thought that was '94.

 

[Nickle]

1994 for the Fed ban.

 

[cdkayak]

Sorry my mistake, I thought MA had used the Federal dates. I'm glad I'm not in MA and I don't have keep all that stuff straight.

Edited by LenS: You are correct, MA law was passed in 1998 USING THE FED DATE OF 1994! Clear as mud, yet?

 

[taz-2005]

Let me give you a scenario:

A friend bought a new pistol from a well known retailer in Mass. The gun was NIB and had two magazines that indicated they were 10rds in reality they hold 15 rounds (9MM). We are both confused if this legal or not?

 

[Adam_MA]

Could have been shipped with that gun by mistake from the factory. If the gun is new, I would go back to the dealer you got the gun from, and explain the problem.

Adam

 

[taz-2005]

It gets better. The magazines that came with the gun are also labled 40S&W when the gun is chambered n 9MM. We e-mailed the manufacturer asking why that is. I d, not response yet. I didn't think 40 and 9 were that similar in size to fit the magazine.

 

[Nickle]

What brand gun? Glock uses the same frame dimensions for 40 and 9, and you can convert from one caliber to the other.

 

[taz-2005]

Nickle: It is a Beretta

 

[Nickle]

They also may use the same dimension frames. I haven't heard anything about conversion, though.

 

[KMaurer]

Doh! I know it was '94. My daughter-in-law phoned while I was typing with a message for my son, who had stopped by to return some stuff. I guess I need to multi-task a bit less.

Ken

 

[Len-2A Training]

Let me give you a scenario:

A friend bought a new pistol from a well known retailer in Mass. The gun was NIB and had two magazines that indicated they were 10rds in reality they hold 15 rounds (9MM). We are both confused if this legal or not?

This actually makes sense.

It is my understanding that a 10 rd .40S&W mag will hold more than 10 (15 sounds about right) 9mm cartridges.

It may feed or the feed-lips of the mag may need adjustment to feed reliably.

Sounds like someone screwed up somewhere and put the wrong caliber mags in the box.

This is NOT a legal problem as stated, but may be a reliability problem to use it that way.

 

[Len-2A Training]

Ken,

I know that you know better.

But I edited your post in Red/Bold so that others don't run off with the wrong info or get confused reading this thread.

 

[taz-2005]

LenS:

Thanks for answer. I would haste to run afoul of the gun Nazi's in this state. Should we call Beretta and see what they can do then?

 

[Len-2A Training]

Either the dealer accidental screwed up or it came from the factory that way.

Yes, you should probably call Beretta . . . or you could call the dealer.

BTW, if they feed properly is is NOT illegal to stuff >10 rds in the mag and use it. It IS illegal to MAKE a new hi-cap mag or possess a new one, but simply putting another caliber ammo in a factory mag is not illegal (remember these laws were written by morons, mostly for publicity that they were "doing something against crime"!).

 

[taz-2005]

OK sounds good. Thanks to all who posted for the info. Sounds like my "friend" got a good deal with the mags then.

 

[taz-2005]

On the advice of GOAL and my own reluctance to get into a legal hassle or risk my own safety; I called the manufacturer and the shop and explained the situation. The shop swapped out my mags and it came to find out all of his 9MM's came with the 40 cal magazines.