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View Full Version : Legality of using 9mm in .40S&W 10 round mags?


himurax13
01-13-2010, 12:40 PM
Are there any legal issues of using more than 10 9mm rounds in a 10 round .40 S&W magazine while using a 9mm barrel conversion kit for a pistol that was originally chambered in .40 S&W? I tried the search function but it had too many irrelevant hits.

mala in se
01-13-2010, 12:46 PM
i don't know if that's even possible. i tried this w/ my .40 glock mags and the 9mm rounds just pops out as the width of the lips is too wide.

not sure on other manufacturer's though.

Bobbar
01-13-2010, 12:46 PM
Bad idea...do u really want the chances of kaboom

hybridatsun350
01-13-2010, 12:47 PM
There shouldn't be any legal issue, but their could be a functionality issue. The feed lips on the .40 S&W mag are going to be different from those on a 9mm mag. Why not just pick up a 9mm mag or two for the conversion?

Juice5610
01-13-2010, 12:50 PM
isnt the beretta 96 mags capable of using 9mm catridges? I thought I read that somewhere idk

Barbarossa
01-13-2010, 12:58 PM
Bad idea...do u really want the chances of kaboom

??? KB? :D

I wasn't going to post in this thread becasue I didn't know the answer, but...

I know this is common practice with the XD pistols outside of this state. (www.xdtalk.com). I can't speak to legality here.

Saying it will make the gun explode is a bit ridicules..

CHS
01-13-2010, 1:05 PM
Bad idea...do u really want the chances of kaboom

Clearly, someone doesn't know how firearms work.

Black Majik
01-13-2010, 1:05 PM
Legal issues? No. It's not a high capacity magazine, as long as it wasn't modified in any way you can use 9mm in .40S&W mags. I carried a P2000 w/ 12 rd. of 9mm in a USPc .40 magazine and lived to tell about it. It functioned 100%.

vega
01-13-2010, 1:07 PM
Bad idea...do u really want the chances of kaboom
OP have 40S&W pistol.
He also have a 9mm conversion barrel but wants to use the 40 magazines.

He wants to put the 9mm ammo in his 40 mags while shooting with his 9mm conversion barrel.

People with conversion barrels do this all the time but they have the right magazines for it and there's no report of KB.

Where did you get the idea if kaboom?

vega
01-13-2010, 1:09 PM
There shouldn't be any legal issue, but their could be a functionality issue. The feed lips on the .40 S&W mag are going to be different from those on a 9mm mag. Why not just pick up a 9mm mag or two for the conversion?
And if you tweak the lips of the 40 mag to accommodate the 9mm DOJ might see it as manufacturing.

audiophil2
01-13-2010, 1:12 PM
I had no issues using 13 rounds of 9mm in a .40 HK USP compact. I would not rely on it as the lips are slightly farther apart but for range use its no big deal.
As for legality...You are not constructing or modifying so I see nothing wrong. Of course a DA might think otherwise.

CHS
01-13-2010, 1:14 PM
And if you tweak the lips of the 40 mag to accommodate the 9mm DOJ might see it as manufacturing.

Correct. This is really the only issue present.

If you stuff a magazine that's designed for .40cal full of 9mm, and it holds more than 10rds, it doesn't matter.

If you modify a .40cal magazine to hold more than 10rds of 9mm, you are now guilty of manufacturing a hi-cap magazine, which IS illegal.

If you don't modify the mags, you are 100% legally fine and can use the 10rd .40cal mags as hi-caps.

You MIGHT have functional issues since the .40cal mags were designed for different cartridges than 9mm, but that's it.

Just ignore the kaboom guy, he has no idea what he's talking about.

cineski
01-13-2010, 1:16 PM
I would tend to think a lawyer would have a field day with this.

CHS
01-13-2010, 1:23 PM
I would tend to think a lawyer would have a field day with this.

It does tend to illustrate the absurdity of the law.

For instance, I can mail-order a 30rd 5.56 magazine into California as long as it's marketed as a 10rd .458 socom magazine, but not if it's marketed as a 30rd 5.56 magazine.

I can then legally use that magazine in any firearm in California where it would be legal to use (like a Keltec or a featureless AR).

vega
01-13-2010, 1:23 PM
I would tend to think a lawyer would have a field day with this.
With the kaboom guy? :D

nitrofc
01-13-2010, 1:28 PM
Just use Glock 19 10 round mags.
$27.50 each at GloockStore.com
Maybe cheaper elsewhere.

audiophil2
01-13-2010, 1:30 PM
Just use Glock 19 10 round mags.
$27.50 each at GloockStore.com
Maybe cheaper elsewhere.

Much cheaper at CDNN

nitrofc
01-13-2010, 1:31 PM
Ignore my last post......brain fade. Thought you talking about a Glock conversion.

My Bad.

nitrofc
01-13-2010, 1:36 PM
Much cheaper at CDNN

Dude...........YOUR NOT KIDDING!
Way cheaper!!!!!! Wow.

Thanks for the heads up.

NSR500
01-13-2010, 1:37 PM
I do this with my SP2022. 9mm in a .40 magazine and it works 100% without modification to the .40 magazine. It has never failed to engage the slide lock either.
I would not assume this is the case with all .40 magazines and treat it on a case by case level.

MasterYong
01-13-2010, 1:41 PM
It does tend to illustrate the absurdity of the law.

For instance, I can mail-order a 30rd 5.56 magazine into California as long as it's marketed as a 10rd .458 socom magazine, but not if it's marketed as a 30rd 5.56 magazine.

I can then legally use that magazine in any firearm in California where it would be legal to use (like a Keltec or a featureless AR).

At least that would function. I was laughing inside reading this thread thining "welllll... I COULD put about 100 rounds of .22LR into a 10-round 5.56 AR mag.... but I don't see it functioning..."

:D

XDRoX
01-13-2010, 2:55 PM
I believe what the OP is addressing is the fact the 40 cal mags work in a 9mm XD. Back when the XD came out there was a country wide ban on high cap mags. It was very well known that you could hold 15 (I believe) rounds of 9mm in a 40 cal mag.

It did however require slight modification to the 40 cal mag. I remember at the time people posted instructions all over the internet on exactly how to mod the mag.

IMO, this mod would be looked at as manufacturing a high cap mag which is a big no no.

AJAX22
01-13-2010, 3:01 PM
now here's a question..... if you had the 10 round .40 cal mag before 1999.... can you load it with 9mm as a high cap ;)

XDRoX
01-13-2010, 3:17 PM
now here's a question..... if you had the 10 round .40 cal mag before 1999.... can you load it with 9mm as a high cap ;)

I suppose that would be OK, but with the XD, no one had a 40 cal mag because Springfield came out with the XD in 2002 (I think).
Before that it was known as the HS2000 and I believe was only available in 9mm.

Barbarossa
01-13-2010, 3:26 PM
I suppose that would be OK, but with the XD, no one had a 40 cal mag because Springfield came out with the XD in 2002 (I think).
Before that it was known as the HS2000 and I believe was only available in 9mm.

HS2000 in 1999. (http://en.wikipedia.org/wiki/HS2000) Not sure if it was available in .40 though.

Only read the first line of your response. My bad.

SevenFifty
01-13-2010, 3:33 PM
My G19 functions perfectly with .357 and .40 mags
.357 mags will also work in the G23

It does tend to illustrate the absurdity of the law.
For instance, I can mail-order a 30rd 5.56 magazine into California as long as it's marketed as a 10rd .458 socom magazine, but not if it's marketed as a 30rd 5.56 magazine.
I can then legally use that magazine in any firearm in California where it would be legal to use (like a Keltec or a featureless AR).

Have you actually seen mags marked for 10 rounds .458 Socom? If so where? I am looking for a few!

XDRoX
01-13-2010, 3:36 PM
HS2000 in 1999. (http://en.wikipedia.org/wiki/HS2000) Not sure if it was available in .40 though.

Only read the first line of your response. My bad.

No problem;)
I have actually shot 9mm through a 40 mag back in the early 2000's all the time. I had a buddy that modified his mags. I think (can't remember for sure) that the modded mags could hold 15 or 16 rounds of 9mm.

The problem was that when you stuffed 15 rounds of 9mm into the 40 mag the mag would swell slightly. It was actually a little more difficult to slide into the XD. If a fully loaded mag was inserted into the XD and the mag release button was pressed, the mag wouldn't even fall out of the XD. It had to be pulled out.

That's the reason I never did the mod, I was afraid of long term usage to the XD's plastic grip. Oh, and because it was illegal.:D

9mmepiphany
01-13-2010, 6:16 PM
it works with the Beretta 96 too. i got a bunch of factory 10rd .40 mags for <$20/each and the work fine with 9mm ammo...it just won't hold 15 rounds due to the different follower

all you need is a 92 top end to convert it. every now and then CDNN will have the 92G topend for about $150...they just pull the mag when they sned it to CA