Pre ban magazine sales help??

jnick

September 14, 2003 14:40

I hope someone can help me with a sale I made of my glock 30 rd magazine. I listed this item for sale and asked for no bids if illegal in your state to buy or own. I received a purchase from someone from New Jersey . I beleive the cant have any mag over 15 rounds. However the buyer states he is able to buy it because it is a used pre ban mag and not a new pre ban mag, moreover he states he has bought many this way. I just dont want any problems so i thought I would see if any one knew if I should ship or refuse sale. Thanks

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  nmyers

  September 14, 2003 15:20

  For state & local legal questions I always grab my copy of State Laws and Published Ordinances - Firearms (ATF P5300.5). For the state of NJ, I see on pages 275-276 the following: "h. Large capacity ammunition magazines. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of a large capacity ammunition magazine which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel is guilty of a crime of the fourth degree."
  
  Now, I'm not a LEO or a lawyer, but it sure sounds to me like it would be illegal for you to ship this guy the mag. There may be some exception to the law in ATF P5300.5, but, unless he can cite the reference, & you can verify it, I'd avoid the transaction.
  
  Neal

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  mark christian

  September 14, 2003 15:47

  I am sure that the situation in NJ is not much different than it is here in Kalifornia; There are exceptions for FFL dealers to import high capacity magazines for sales to LEO and the few other exempt classes. I would pass on shipping him the magazine unless he can supply you with an FFL dealers license and a signed statement that the magazine is for the sole purpose of sale to one of the groups that member Neal Myers quoted from P5300.5. Based on what I just read from the pages that Neal mentioned I'd say that purchases by unlicensed individuls or non LEO's are prohibited-- whether the magazine is new or used.
  
  Mark T. Christian

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  jnick

  September 14, 2003 15:58

  Thanks all of you for your help . Now I just have to figure out if I can get my final value fees back on the sale. Thanks again for all of your help.

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  snowtigger

  September 15, 2003 22:09

  As far as your final value fees are concerned, why don't you offer it to the next high bidder, if there is one. You will only lose a little, and it can save a lot of hassle.
  
  It ain't what you shoot, it's what you hit.

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