Legality of magazine replacement kit sales

[anotherone]

Is it lawful to sell a complete magazine replacement kit in a sandwich bag including all the components to repair a magazine? Or would this constitute sales of a high capacity magazine? I'm inclined to think it would be lawful provided it was disassembled and sold with the intent to be used as replacement parts because I'm not aware of any constructive concepts for high cap mags. I would appreciate any second opinions though.

[just4fun63]

there are 59 DA's and their opinions could vary.............I think it's legal.....just my opinion though.

[Sarkoon]

Is it lawful to sell a complete magazine replacement kit in a sandwich bag including all the components to repair a magazine? Or would this constitute sales of a high capacity magazine? I'm inclined to think it would be lawful provided it was disassembled and sold with the intent to be used as replacement parts because I'm not aware of any constructive concepts for high cap mags. I would appreciate any second opinions though.

According to a DOJ letter sent on Nov 10, 2005:

"Q3: Can you import all the parts of a single hi-cap magazine at once, provided they are unassembled?

A3: Yes."

The text from the letter can be seen here: http://www.ar15.com/forums/topic.htm...12690##1925899


edit: link added

[Charliegone]

IF its to fix a damaged magazine it is legal...if its to build one then it is illegal..but I remember someone saying something about building them from parts being legal..but I could be wrong.

[Matt C]

IF its to fix a damaged magazine it is legal...if its to build one then it is illegal..but I remember someone saying something about building them from parts being legal..but I could be wrong.

It is definitly illegal to construct a NEW hi-cap from new imported parts. If you have an old damaged one you can basically replace all the parts, but you cannot end up with any more than you started with.

[Charliegone]

It is definitly illegal to construct a NEW hi-cap from new imported parts. If you have an old damaged one you can basically replace all the parts, but you cannot end up with any more than you started with.

Ok so I was wrong.

[hoffmang]

Here is the original letter whose text is linked above:

http://www.hoffmang.com/firearms/DOJ-large-cap-magazines-2005-11-10.pdf

-Gene

[grammaton76]

Is it lawful to sell a complete magazine replacement kit in a sandwich bag including all the components to repair a magazine? Or would this constitute sales of a high capacity magazine?

For the seller, I would strongly recommend that they pull ONE of the parts out and refuse to sell it... floorplate, spring, or whatever. DOJ told me once, and I tend to concur, that if they were to sell ALL the parts, they could be charged with acting as an accessory to a felony if the guy they sold to, turned around and assembled new mags from his parts.

[hoffmang]

For the seller in California, I would strongly recommend that they pull ONE of the parts out and refuse to sell it... floorplate, spring, or whatever. DOJ told me once, and I tend to concur, that if they were to sell ALL the parts, they could be charged with acting as an accessory to a felony if the guy they sold to, turned around and assembled new mags from his parts.

I wanted to point that one important point out.

-Gene

[grammaton76]

I wanted to point that one important point out.

Ah, right. I'd been speaking with the guys at CA gun shows in mind... you know, the $40 "mag rebuild kit" guys.

[madjack956]

there are 59 DA's and their opinions could vary.............I think it's legal.....just my opinion though.

Damn! when did they get an extra DA?

[just4fun63]

Damn! when did they get an extra DA?

oops.....aaaaa....county of Franklin??????

[antarius]

Don't forget guys -- just as the DOJ memo's don't act as law and prevent us from making CA-legal AR's, the memo's from them to us also don't prevent us from getting in trouble if you a DA can prove that you were obtaining said magazine parts for the manufacture of a hi-cap magazine, rather than repair of one.

It goes both ways...

[hoffmang]

Correct,

However, in this case the DOJ letter doesn't conflict with the law as written.

That's usually the determining issue.

-Gene

[antarius]

Correct,

However, in this case the DOJ letter doesn't conflict with the law as written.

That's usually the determining issue.

-Gene

Yeah I'm aware of that; And it seems legal to me too. I just hate hearing about how some law abiding citizen is perceived to be some insane criminal for having a hi-cap magazine or something ridiculous like that.

I find that we're all quick to find the legal ways through California's insane gun laws, so we can legally and responsibly own firearms we enjoy; But I've also noticed, myself included, we're sometimes not looking at it from both sides and making sure we're not weighting our memo's, or notes, or letters, more than we weigh the "other sides" notes or memos or letters, just because we may agree with them.