Shipping 30RD MagPul PMAGs to NY. Legal?

[Boba Fett]

I have some 30 round MagPul PMAGs I'm selling and a guy emailed me about them with the following question:

Will you ship to NY. It is legal to ship mags if they are disassembled
because they are considered parts kits.

Easy enough to disassemble, but is what he says complete BS or true?

Can I ship them to NY in pieces or not at all?


Also, I was wondering if sending it to an FFL would be a safe way to be sure.

Thanks!

*edit*
Just FYI, I did check google first, but couldn't find anything that said magazine kits or disassembled 30 round magazines were ok to ship.

 

[browningguy]

I would check personally and certainly not take the buyers word for it. He may be right, but I would check since so much time in the pokey is involved. The few times I have sold firearms parts I absolutely would not send to Cali, NY, Mass., just too difficult to try to understand everyone's laws.

 

[Kind of Blued]

It's not your fault that the laws are simply too stringent and complicated to merit you deciphering them.

It is their decision to live there. If he was smart, he would have sent you some sort of proof to accompany his statement.

It doesn't make anybody better or worse, it just saves you the headache. Hopefully it gets the fellow in New York mad enough to write a letter to one of the washed few.

If this gets moved to "Legal" somebody over there likely has a appropriate link or some insight off the top off their head.

 

[Seenterman]

No do not ship mags

Im assuming the Magpulls are not pre-bans which is the ONLY 30 rd mags where allowed to have. Im 95% sure about this since A) I live here and B) I've been looking for anyway to get some normal 30 rd mags for my AR and have NEVER heard of this.

The only thing I can think this guy meant is if he had the metal housing of a 30 rd mag with the spring and follower missing you could ship him a new follower, base plate, and spring for a 30 rd mag but you cant have a new mag housing that isn't pre ban.

I hope that made sence, please PM if you have any other questions.

It's not your fault that the laws are simply too stringent and complicated to merit you deciphering them.

Im totally not sure about this but you might be able to be procecuted for shiping 30rd mags into NY.

 

[Prince Yamato]

Actually, I believe what the buyer is saying IS legal... during the AWB, you'd be shipping him a "rebuild kit". It was basically the pre-2004 way of assembling a new mag. You could by the "mag tube" or whatever the actual magazine was called and then use your old follower and spring. People did this with Glock mags.

It's still a very iffy thing though, especially given that the national ban is over and most people are unaware of this practice.

 

[winston smith]

I live in the Peoples' Rebublik of New York, and while it IS legal to sell magazine parts, sending every part of a 30 round magazine to someone who "may" (wink, wink) put them together to make an illegal mag, is just asking to be arrested, or at least made liable for a lawsuit.

You may want to join the NRA and send them a question on the legality of this.

If you want to "help" him, you can send the "parts" in 2 shipments. With a note about the illegality of puting the "parts" together. The BATF would call it "constructive intent" and blow your house down. Good thing the Federal AWB expired.

He could also go to a gunstore in CT or PA or VT and order some pmags and smuggle them home.

 

[X-Rap]

If the body has a date stamped or LEonly then it will be useless to him there anyway as well as illegal. If you have preban stuff I'm still pretty sure its illegal to import to NYS. The only question in my mind would be, if I moved to NYS and owned a preban rifle and had a bunch of preban hicap mags could I still bring them in with the rifle?
Would I send him the stuff? NO
If I were the guy would I pick some preban up on an out of state vacation? Without a doubt.

 

[scottgun]

If you want to "help" him, you can send the "parts" in 2 shipments. With a note about the illegality of puting the "parts" together. The BATF would call it "constructive intent" and blow your house down. Good thing the Federal AWB expired.

Or just not send them. Any way you split up the shipments is a way to get around the law, which by intent, is breaking the law.

I'm sure somebody in a free state would be want to buy the mags, and you won't have to risk violating the law.

 

[springfield30-06]

I wouldn't send the mags to NY. NY has a 10 round capacity limit unless it's a pre-ban mag, and even then I'm not sure that you could send it through the mail.

 

[beatcop]

If someone has to mention "send in pieces", it's not worth messing around.

Misc wikipedia info:

According to the laws of the State of New York, a magazine with a capacity of more than 10 rounds manufactured after September 14, 1994 cannot be legally possessed by anyone other than a law enforcement officer. A provision of the Federal law required the date of manufacture to be stamped on every newly manufactured "large capacity" magazine. Because that requirement is no longer in effect, the New York magazine ban becomes potentially unenforceable except with respect to those magazines manufactured during the ban and marked according to federal regulations then in effect.

NYS Penal Law § 265.02(6) makes it a class D felony to possess "a large capacity ammunition feeding device," which is defined in Penal Law § 265.00(23) as "a magazine, belt, drum, feed strip, or similar device, manufactured after [September 13, 1994], that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition." Possession of unmarked "large capacity" magazines made after the sunset of the federal ban thus subject New Yorkers to felony charges. Police and prosecutors may be able to determine actual manufacture dates of seized magazines from information not generally available to consumers, such as the dates of magazine design changes and parts assembly numbers. The New York ban thus leaves possessors of unmarked post-ban magazines at risk of felony charges since they may not know the magazines were manufactured post-sunset and not pre-ban.

Go with your gut...this is probably a bad idea.

 

[Jorg Nysgerrig]

PMAGs are in pretty high demand right now, I can't imagine it would be difficult to find a buyer in a state where they aren't restricted. These seems like a lot of confusion and stress over something that could be easily sold elsewhere.

 

[hso]

http://www.youtube.com/watch?v=xhaB7wx96Fg&feature=related

 

[Boba Fett]

You may want to join the NRA

Are you kidding? Isn't everyone on THR an NRA member??

I've been a proud member for years.



Thanks for the advise all. I don't "have" to sell it to him. I'm auctioning them and he asked me if I would be willing to send it to him under those restrictions. I'm going tell him I can't take the risk and nor should he and I'll wait for another seller.

 

[winston smith]

Good for you! Stay out of trouble. And NY!

 

[Eightball]

Something about adding to the overall amount of fun in NY being legal, firearms-wise makes me say "no."

 

[billwiese]

He may be assuming NY laws are like California's.

They may well not be. Even largely similar laws in general have minor nuances differentiating them, different regulatory law processes, varying opinion letters, etc.

Separated/unassembled hicap mag replacement parts are legal to acquire in California for any use other than building new hicap mags: thus it's legal for a Californian to acquire repair parts for their hicaps they already acquired/ possessed in CA on or before 12/31/1999, or for building up 'capacity restricted' locap mags that look like 30 rounders. (The CA OLL 'cool factor' folks seem to want these, but I don't know why - nevertheless it's a legitimate outcome for those parts.)


Bill Wiese
San Jose CA

 

[Boba Fett]

Something about adding to the overall amount of fun in NY being legal, firearms-wise makes me say "no."

*Laugh*

That was my initial thought as well!