View Full Version : Question about Shipping High Cap Mags to Ban States
So, I am selling a handgun and I've go a buyer in New York. The handgun comes with three 15 round magazines and he is asking me if I would be willing to ship it to his FFL who would swap the 15 round mags out for 10 round mags for him. Not sure what the FFL will do, or legally can do, with the 15 round magazines. Is it legal for me to ship the handgun with 15 round magazines to the FFL in New York? I'm thinking I should just tell the guy, yes, I'll ship the handgun, but remove the mags. Your thoughts? Advice?
ohsheepdog
04-01-16, 08:07
Agreed. Keep the standard capacity mags. To do the right thing, either reduce the cost of 3 ten round mags from the price or buy them & ship the 10 round ones with the gun.
Do not ship hi-cap mags to a ban state. Period.
OK, thanks for the advice. I just advised the buyer that if he wants the handgun he can bid accordingly with the fact in mind that I will not ship the 15 round magazines, so he can decide how much he wants to bid based on that fact and the fact that he will have to buy 10 round magazines.
It's common here for gun shops to swap high cap mags for 10 rounders.
Why don't you call the ffl he is using?
The guy is in New York and he did say his FFL would be willing to swap the mags out for him and replace the 15 rounders with 10 rounders. I just don't know if it is legal for ME even to ship 15 round magazines into New York. And I just don't like the fact that it is "iffy" ...
Mr. Greene
04-01-16, 09:42
you see the problem this mag capacity limit effects us all:)
ohsheepdog
04-01-16, 09:50
I wouldn't want to be ultimately responsible for importing standard capacity mags into a restricted state.
OP, as far as you know, the FFL could not even look at the mags and just pass them right on to the buyer. Boom.
And even still what the heck is the FFL going to do with them? Sell them to LE?
If it was me, I'd pass on it or do like you said and ship without the mags.
Lot of ban state guys looking for willing sellers out there.
My concern would be what my legal liability is if I ship 15 round magazines into New York, even if I do ship them to a legal FFL.
WatchTheWorldBern
04-01-16, 10:22
I always figured the FFL would be the responsible party in a situation like this. Any experienced FFLs or lawyers on here know better?
I would call the FFL you are sending it to and confirm if you are worried about it.
Recently there was a FFL in Massachusetts that was selling standard capacity G17 and G19 mags relatively cheap because when he receives Glocks he has to swap out the standard capacity mags for 10 rounders.
Really once the FFL receives it they would be responsible for them anyway.
Don't. You can't be responsible for what some FFL you don't know will or won't do. It's your ass, not his.
Is it illegal for me to ship a handgun with high capacity magazines to a FFL in New York, or not? That's the question that is at the heart of my concern. I'm just trying to get an answer to that question.
Primus Pilum
04-01-16, 12:00
Has anyone ever been charged and prosecuted for shipping mags to banned state? Honest question.
I'm not interested in speculations about who has or has not been charged with a crime.
I would simply like to know if it is illegal or not? If anyone has a definitive answer on that or could point me to a definitive answer online, please let me know.
titsonritz
04-01-16, 12:11
I wouldn't do it and any time I sale a pistol online I state so.
dmaxfireman
04-01-16, 12:11
Not sure about NY, but you can legally ship whatever you want, in terms of magazines, to a FFL in Connecticut. It falls on the FFL holder to hand them over or swap them out etc.
platoonDaddy
04-01-16, 12:16
Purchased a firearm from Gunbroker, firearm shipped to local Maryland FFL with 17 round magazines (MD has 10 round limit). Of course he kept them and released the firearm to me minus the magazines.
Do not ship hi-cap mags to a ban state. Period.
I agree!
NJ FFLs will accept higher than 15 round mags and modify them for the buyer, they do it all the time, I am sure NY ones do the same. Having said that, its not worth it.
Maybe take a few bucks off the gun, keep the mags and sell them separately.
Don't. You can't be responsible for what some FFL you don't know will or won't do. It's your ass, not his.
Why?
You are sending it to a person with a Federal Firearms License. Once they receive it it is theirs.
Pretty sure they know the laws and are supposed to be following them.
Like I said call the FFL and ask about it.
I already know the FFL will receive it.
Following the old saying, "When in doubt, don't" I'm waving off on this one. Can't be too careful these days.
Primus Pilum
04-01-16, 13:40
Why?
You are sending it to a person with a Federal Firearms License. Once they receive it it is theirs.
Pretty sure they know the laws and are supposed to be following them.
Like I said call the FFL and ask about it.
The FFL does not own the item being xfered. They are just a facilitator. They have possession but now ownership.
Very Grey Area but in the big scheme of things its right up there with tearing the tag off a mattress or pouring oil into a storm drain.
Not worth your time or trouble. Ship w/o mags and adjust price accordingly.
The FFL does not own the item being xfered. They are just a facilitator. They have possession but now ownership.
Very Grey Area but in the big scheme of things its right up there with tearing the tag off a mattress or pouring oil into a storm drain.
True but it's their baby once they receive it.
On top of that he has to have a FFL send it in the first place since we are talking about a handgun.
Guess it's going to be up to him IMO.
kantstudien
04-01-16, 18:06
Does NY require FFLs to have some kind of "high capacity magazine" permit or something?
If you're really interested in the issue, look up the exemptions because how else would NY cops get their mags?
Does NY require FFLs to have some kind of "high capacity magazine" permit or something?
If you're really interested in the issue, look up the exemptions because how else would NY cops get their mags?
No NY ffls do not.
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From the NYS SAFE Act website: http://programs.governor.ny.gov/nysafeact/gun-dealers
Q: I have guns in my inventory that are now defined as assault weapons and magazines that can contain more than ten rounds. What can I do with them?
A: If you are licensed as a dealer under New York law you may continue to possess these weapons and magazines. You can also transfer them to another dealer or sell them out of state or to law enforcement. You can also permanently modify these guns and magazines and sell them in state
attrapereves
04-02-16, 19:45
Maybe I'm foolish, but I've shipped a few hi-cap mags to California. I look at it as my way of raising a middle finger to their crazy laws.
I highly doubt they could ever convict someone of breaking laws in a state I've never visited in my life.
Eurodriver
04-03-16, 00:12
Maybe I'm foolish, but I've shipped a few hi-cap mags to California. I look at it as my way of raising a middle finger to their crazy laws.
I highly doubt they could ever convict someone of breaking laws in a state I've never visited in my life.
Shh. You're going to give the "Will not comply!" hypocrites a brain aneurysm.
Everyone wanna act like they drew their line in the sand after Newtown and then shit like this gets dozens of replies. :confused:
I wouldn't send them. Not worth the grief. States like NY,Ca, NJ MA,CT. etc are F"d up to highest degree possible. The anti-gun politicos would love to make an "Evening news' New York Times" headline on how the "loophole" (?) allows people to ship "Super deadly, Hicap baby seal killing, ozone depleting magazines" to our "safe, prosperous state" (NOT). Drop the price with no mags or swap them out for 10rnders. Don't rely on someone else to be as concentious as you are.
Every time I've sold a pistol on Gunbroker I stipulate no sales to Kalifornia and I always get bids and pleading emails from Kalifornians.
The school system must really suck in that commie state.
I'm thinking I should just tell the guy, yes, I'll ship the handgun, but remove the mags. Your thoughts? Advice?
Agreed, it's not worth the trouble to deal with those who have let their state go down the $hitter.
Maybe I'm foolish, but I've shipped a few hi-cap mags to California. I look at it as my way of raising a middle finger to their crazy laws.
I highly doubt they could ever convict someone of breaking laws in a state I've never visited in my life.
AFAIK...
As an individual, chances are nothing will happen to you.
However, if you are discovered doing so on a regular basis, CA DOJ may do something akin to what they did to some out-of-state retailers.
In the past, CA DOJ went after some out-of-state retailers that did this.
Those retailers were hit with civil lawsuits. Which costs them tons of money in Court fees.
Some Nevada based gun stores/retailers were also threatened with civil lawsuits by CA DOJ, if they sold/shipped large capacity magazines to CA customers.
CA Penal Code 18010
(a) The Attorney General, district attorney, or city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any item that constitutes a nuisance under any of the following provisions:
(20) Section 32390, relating to a large-capacity magazine.
(b) These weapons shall be subject to confiscation and summary destruction whenever found within the state.
(c) These weapons shall be destroyed in the same manner described in Section 18005, except that upon the certification of a judge or of the district attorney that the ends of justice will be served thereby, the weapon shall be preserved until the necessity for its use ceases.
I seem to recall that the NY SAFE Act required 7 round mags so even a 10 rounder is a no go.
I seem to recall that the NY SAFE Act required 7 round mags so even a 10 rounder is a no go.
That provision was amended
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It was never 7 round mags. It was 10 round mags loaded to 7.
That part was overturned anyway.
Shipping the mags to an FFL is not a problem. Most NY dealers stock standard capacity mags for LEO. It is the local dealers responsibility to comply with local law regarding the sale or transfer of said mags. The FFL can receive and stock mags of any capacity. He just can't legally sell or transfer them to a non LEO.
Welcome to the liberal cesspool known as NY. FYI the just made machetes illegal too...
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