Posted: 9/15/2008 2:56:22 PM EDT
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I'm ordering an AK-47 that comes with a 30rd mag which I obviously can't have in NJ. They won't take anything off the price of the AK if they ship it without the magazine. The manufacturer offered to ship me separately the 30rd mag disassembled into parts assuming this is legal, neither of us were sure. I've heard that the parts alone to hi-cap mags aren't illegal, it's just illegal to have an assembled hi-cap mag, correct? I don't think it's a great idea to ship me every single part of the mag disassembled, but what if they were to ship me all of the parts but one? Would this be legal if they shipped me the magazine parts less the spring or follower? I don't want to do anything illegal but since the mag comes free with the AK I might as well have the mag parts if I can. If I can get the mag parts I might try cutting it down to hold 15 rounds. |
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Not true. A mag body has no capacity for anything until it is full assembled as a mag. A standard 30 round AR mag body can be assembled into a less than 10 round mag for a .458 socom or .50 beowolf AR. You can even rebuild a mag with postban, including LEO only marked bodies, and as long as you destroy the original parts you replaced, it is still technically legal. Of course you do stand a pretty good chance of getting in trouble for it, so don't even bother. |
Really, I've never seen that in NY law? I know it said that in federal law and that NY is suppose to be a direct copy of that. So I could go and crush all my prebans and replace them with Pmags? |
This came up before, because certain vendor will ship post-ban (more than 10 round) mags to NY, as a "kit", disassembled. And if I remember correctly, no one came up with proof that it is actually legal. Some said, because it was legal with the federal AWB, that it's legal with NY's AWB. I wouldn't risk it, personally. And there's no way in hell I would destroy pre-bans, so I could have PMags. I'd love some PMags, but not at the cost of ruining a bunch of mags. I mean, if you already have said pre-ban mags, why destroy them, to get the same amount of mags? Just because they're PMags?
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AFAIK the ATF issued an opinion letter that stated it was permissible to repair and or rebuild preban mags including replacing the mag body as long as you did not manufacture a LCAFD in the process. It was suggested that the preban mag body be crushed and retained if the status of the rebuilt mag was ever questioned. As with everything else AWB related in NYS you are are on your own to decide what is legal or illegal. Personally I don't see the point of replacing mag bodies since there seems to be an endless supply of used preban and NIW mags available. |
| The discussion of NYS AWB law is all well and good but the OP is in NJ where preban mags are a moot point. They are limited to 15 rounds regardless of the date of mag manufacture. Thus, possession of mad bodies and/or replacement parts in 30 round capacity are a no no unless permanently altered to 15 round capacity. |
The law doesn't say what you can do, it just says what you CAN'T do. Since it never mentions this, it is legal. You would have to keep the floorplate or something, and P-mag bodies would be just asking for trouble, even if they are "preban".
Another topic successfully derailed. Mission accomplished. |
I personally would not do it unless the mag body is permanently altered so that it cannot accept more than 15 rounds. Why risk your freedom and future ability to own firearms over a $15 magazine? |