legality, mags for military

[03roushs1]

I was just looking for an opinion. Some Dealers I have come across say that a LE/GOVT mag is only to be sold to a Officer. I am under the impression that a LEO can use this for his own personal use, and is not resposible for use it in an official capacity. MY question is this, can I as an active duty military also buy them? Some dealers say yes, some say no. Your opinion, should an active duty military have the ability to buy an otherwise illegal mag if a LEO can just because he is a cop?

 

[rscalzo]

In NJ we could but hi-cap mags only with a letter from the department stating that they were for duty use. We could no longer carry them after retirement but not required to turn them in. Nothing in the law covered military in that state except active duty military required to carry handguns while on duty.

 

[FPrice]

Your opinion, should an active duty military have the ability to buy an otherwise illegal mag if a LEO can just because he is a cop?

My opinion is that everyone should be able to buy normal capacity magazines regardless of LEO/MIL/GOVT/Civilian status.

But what I have been told in the past by reputable sources is that the "Mil" restriction is for military personnel in the performance of military duties, not as private owners of firearms. I do not know if LE have the same restriction although they "might" have a little more liberal interpretation of duty purposes if they carry said firearms off-duty.

I would hope one of the forum legal beagles could shed some light on Massachusetts (and New York) case law in this area.

 

[03roushs1]

My opinion is that everyone should be able to buy normal capacity magazines regardless of LEO/MIL/GOVT/Civilian status.

I totally agree with you. I just happen to live in state that thinks 13rds is more deadly than 10rds, enough to outlaw the larger.

 

[Cross-X]

I will refrain from giving my opinion, as I'm not licensed to practice law in NY.

Darius

 

[FPrice]

I will refrain from giving my opinion, as I'm not licensed to practice law in NY.

Darius

Well, if you can't give us a "legal" opinion, give us an "illegal" opinion!

 

[rscalzo]

We are allowed to possess magazines over the NJ restriction for use on and off duty. That covered any use of the firearm. Once retired, we can no longer carry those hi-cap magazines as well as carry HP ammo.

NJ still has their own AWB in place. Hi-cap in NJ is over 15 rounds.

However, each state's laws in the area of firearm's are very different so what works in one place, or town for that matter, may not be normal procedure in others.

 

[Optimistic Paranoid]

John Farnam posted something on this back in 04, before the FEDERAL ban sunsetted:

07 Apr 04

Can you believe this? We are defeating ourselves.

From friend, Jeff Chudwin:

"A police officer and friend, just deployed to Iraq, is serving there now as a Marine officer. He is the thick of the fighting. He has only two Beretta M-9 magazines, and both (Checkmate) have weak springs. Pistol magazines are in short supply there. Ones that actually work are in even shorter supply!

His close friend in an adjacent police department was contacted and asked to assist my friend by acquiring several OEM (Beretta) pistol magazines and sending them over. The magazines were immediately ordered from a local police supply house, but we were told that we cannot make the purchase due to the ban on purchasing high capacity (normal capacity) magazines. BATF is asked to intervene. They arrogantly told us 'The military must take care of their own.'

The chief of the department cannot even sign for the magazines, because the purchase is not for performance of law enforcement duties.'

Result, the Marine officer cannot obtain additional magazines through the military, and we cannot support him from our end unless we send him Clinton
clips' (ten-round magazines) or locate pre-ban magazines. We are sending Wolff spring kits."

Comment: Stupid gun laws, designed from the beginning for harassment and little else, are now interfering with our war effort, and no one at BATF, indeed the whole federal system, seems to care. While our Marines die, bureaucrats and politicians dither!

/John

Since NY state law supposedly mirrors the the old Federal law almost word for word (I'm told), my guess is that you're screwed. But that is most definitely only a guess.

Regards
John