Using .40 mags for 9mm for more capacity illegal?

[DPC]

Looks like a ten round mag to me. I have had experience with leo and this matter.

[repubconserv]

It doesn't say designed to. Have your ducks in a row if you have stuffed more than 10 nines in a .40 mag.

I could also fit about 40 9mm rounds into my shotgun mag... 100 or more 22lr. into my shotgun mag...probably about 50 22lr into my 308 rifle mag... etc

should I be worried? no. The mag is not designed for 9mm or 22lr.

[stix213]

It doesn't say designed to. Have your ducks in a row if you have stuffed more than 10 nines in a .40 mag.

There is nothing illegal about possessing a large-capacity magazine though anyway. You can't sell, give, trade, manufacture, etc, but shoving more rounds than intended into a magazine doesn't mean you've done any of those illegal things.

[paul0660]

I think designed is implied. Otherwise any 10rd magazine larger than .22 would be illegal.

I could also fit about 40 9mm rounds into my shotgun mag... 100 or more 22lr. into my shotgun mag...probably about 50 22lr into my 308 rifle mag... etc


should I be worried? no. The mag is not designed for 9mm or 22lr.

Well that was a waste of breath on my part. I forgot about the comprehension thing.

[paul0660]

There is nothing illegal about possessing a large-capacity magazine though anyway. You can't sell, give, trade, manufacture, etc, but shoving more rounds than intended into a magazine doesn't mean you've done any of those illegal things.

DUH.

JHFC that is not the point.

[paul0660]

Looks like a ten round mag to me. I have had experience with leo and this matter.

I would like to hear about that.


Ducks in a row means if you possess a .40 mag for a gun that never existed before 2000, and have a bunch o' 9mm in there, you have a problem, because the law says capacity to, not designed to. You also have to remember to shut the heck up.

Clear?

[Steve1968LS2]

So, I own pre-ban .40 Sigma mags..

If I buy a new M&P 9mm then I could run those higher capacity mags?

Interesting..

[paul0660]

So, I own pre-ban .40 Sigma mags..

If I buy a new M&P 9mm then I could run those higher capacity mags?

Interesting..

I think so.

[CSACANNONEER]

Well that was a waste of breath on my part. I forgot about the comprehension thing.

I don't see anything in the law which requires the magazine to function if more than 10 rounds are forced into it. Therefore, using you logic, any magazine capable of holding more than 10 .22lr rounds is illegal. Right? Or, did I miss the comprehension test?

[paul0660]

I miss the comprehension test?

I think so!

I think I cleared it up, but I have to go right now. Work this out.

[repubconserv]

I don't see anything in the law which requires the magazine to function if more than 10 rounds are forced into it. Therefore, using you logic, any magazine capable of holding more than 10 .22lr rounds is illegal. Right? Or, did I miss the comprehension test?

I think you missed his comprehension test.

[Baconator]

When I bought my first xd there was a post card inside that advised you too do just what you are asking, use the 40 mags in a 9mm for increased capacity. It isn't illegal to own large capacity magazines, so what could they possibly come after you for?

Sent from my Galaxy Nexus using Tapatalk 2

[paul0660]

This is a great thread. I know that because I know I am right and also confused.

Now I am late for my meeting. Hasta.

[repubconserv]

Hey I had a couple questions about my .50 beowulf upper that I have attached to my spikes tactical lower (marked in .223/5.56 cal). I also use 30 round .223/5.56 magazines because it holds 10 .50 beowulf rounds(but the mags are marked .223/5.56). I also have ar-15's that are chambered in .223/5.56 that I usually store together and take to the range together. Is this in anyway illegal because my lower is marked .223/5.56 instead of multi-cal?

1. If your rifle has a Bullet Button I'd recommend that 50Beowulf mags have their markings
   as such so there's no handwaving about having a hicap mag in a fixed mag rifle. (Yes, I
   know the 50Beowulf upper should 'fix' things for the 5.56 mag but it smells better/reduces
   confrontation.)
   .
2. If you are using a 223 AR with BulletButton, you should not use a 50Beowulf mag in it.
   .
3. Neither warning above applies to 'featureless' semiauto centerfire rifles which can legally
   use detachable magazines.
   .
4. Except for edgy (1) and (2) situations above, there is no law banning misuse of a magazine
   such that the misapplication of the mag actually stuffs more than 10rds in it.
   .
5. Every gun magazine made can be misapplied in another caliber, and a huge fraction of mags
   in the marketplace would transition into operable hicaps holding over 10 rounds when smaller
   caliber ammo (actually, case size not caliber) was loaded into them.
   
   [It's quite common for some 10rd 40S&W/357Sig pistol mags that fit in "common frame 9/357/40"
   pistols to work well when stuffed with 10+N rounds of 9mm ammo. You may or may not want to
   bet your life on this setup without lots of testing, though.]
   .
6. It is generally illegal for normal CA residents to acquire over-10rd 223/5.56 AR magazines.
   .
7. It is legal for CA residents to acquire 10rd 50Beowulf AR magazines like any other 10rd or less
   magazine. Wise counsel would be to order these w/floorplates marked with this caliber and that
   your mailorder (if such) specifically requests "10rd 50Beowulf magazines".
   .
8. It is perfectly legal for someone to make 10rd 50Beowulf mags from an assortment of typical mag
   parts. Again, the caveat from #7 above applies - you should use floorplates nicely marked as
   caliber "50Beowulf" (and not with an electric pencil). SOMEBODY NEEDS TO MAKE THESE. SOME
   
   .
9. The above is good theory. In the real world, to make things easier on you (and perhaps CGF) it
   might well be wise to have a 50Beowulf upper if you have a ton of 50Beowulf mags just so the
   "smell test" is a bit easier
   
   
10. The 50Beowulf mag has to work properly and without problems or parts changes back&forth in the 50Beowulf for it to be legally misapplied in a higher capacity 5.56 application..

CGF will back legit nonhicap mag cases charged as hicaps. But don't make it too hard on us, okay?
That's why I wrote all the above detail (recipe?)

MFGR FOLKS: SOMEBODY NEEDS TO MAKE 50Beowulf MAG FLOORPLATES!!!

Taken from this thread

[Tiberius]

Slightly off topic, but a post above mentions that if one finds a high-cap mag, it can be legally kept. This seems consistent with the law, which bans manufacturing or importing.

So if I understand it correctly, it isn't illegal to buy one, if a hypothetical high-cap magazine store opened up somewhere. The seller would have a big problem, but the buyers wouldn't (unless they were accessories). Similarly, I don't see any ban on inheriting standard-cap mags. In contrast, AWs specifically can't be passed along this way.

As always, the law is a funny thing.