Converting High Capacity AR Mags into 10 Round

[dantodd]

It doesn't matter what the resulting pile of parts is considered.

The charge will be for manufacturing a large-capacity magazine. They will show that you manufactured it by purchasing a parts kit and installing a block. They will then show that the modification wasn't permanent. If all they have to do is use their fingers to take the floor plate off and remove the dowel, then your initial modification was not permanent and therefore you were guilty of felony manufacturing.

What they are left with, complete magazine or parts, has no bearing on what they need to prove or show in court.

Of course it matters. You didn't mfg a large capacity magazine becuasecthe modification IS permanent. You can't turn those same parts into a large capacity magazine without turning it into a non-magazine first thus the modification is permanent for as long as the magazine is a magazine.

I did consider that if the rowel can be removed without pulling the spring and follower you might be in trouble as the magazine with just the floor plate removed may not be considered a "rebuild kit"

[CHS]

Of course it matters. You didn't mfg a large capacity magazine because the modification IS permanent. You can't turn those same parts into a large capacity magazine without turning it into a non-magazine first thus the modification is permanent for as long as the magazine is a magazine.

[dantodd]

The magazine doesn't become non-existent just because it's been disassembled.

Doesn't it?

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

My reading is that once you have parts instead of a magazine there needs to be intent proven.

I have no doubt that a jury would see it as you said. But an appellate court shoudn't.

[ivsamhell]

it does, it becomes a fully compliant legal parts kit. thats how they are obtained in the first place. At no point was it manufactured to a hicap, that would be done by the prosecution.
you don't need to haul in a drill press, 30 seconds with a hand tool will do the trick if its not completely encapsulated or filled with epoxy.

[CHS]

it does, it becomes a fully compliant legal parts kit. thats how they are obtained in the first place. At no point was it manufactured to a hicap, that would be done by the prosecution.
you don't need to haul in a drill press, 30 seconds with a hand tool will do the trick if its not completely encapsulated or filled with epoxy.

It has been manufactured as a large-capacity magazine if it was ever manufactured to hold 10 or less rounds in a manner that is not permanent.

Lets walk through the steps:
1.) You get a parts kit
2.) You put together a parts kit with a limiting block and nothing else to meet a burden of permanence
3.) You go to the range, and shoot. Cop sees your mag, gets out of it that it's not permanently modified. It goes to trial.
4.) The DA shows the court that your modification was not permanent by pulling the magazine apart easily with his hands and re-assembling it without the limiting block. No tools whatsoever required.

The actual crime was committed at step 2. The fact that the magazine was rendered into legal parts at step 4 does not erase the past crime at step 2. All the DA has to show is that your modification wasn't permanent at step 2. That will show that you manufactured a large-capacity magazine, rather than a legal 10rd magazine. Just because the magazine is disassembled at some point doesn't prove permanence. Especially when it's going to be up to 12 reasonable jurors.

Abortion might be legal, but you still can't unscrew a pregnant woman.

[ivsamhell]

It has been manufactured as a large-capacity magazine if it was ever manufactured to hold 10 or less rounds in a manner that is not permanent.

Lets walk through the steps:
1.) You get a parts kit
2.) You put together a parts kit with a limiting block and nothing else to meet a burden of permanence
3.) You go to the range, and shoot. Cop sees your mag, gets out of it that it's not permanently modified. It goes to trial.
4.) The DA shows the court that your modification was not permanent by pulling the magazine apart easily with his hands and re-assembling it without the limiting block. No tools whatsoever required.

The actual crime was committed at step 2. The fact that the magazine was rendered into legal parts at step 4 does not erase the past crime at step 2. All the DA has to show is that your modification wasn't permanent at step 2. That will show that you manufactured a large-capacity magazine, rather than a legal 10rd magazine. Just because the magazine is disassembled at some point doesn't prove permanence. Especially when it's going to be up to 12 reasonable jurors.

Abortion might be legal, but you still can't unscrew a pregnant woman.

well, we're really just going in circles.

my opinion is that if it has to be disassembled it is permanent, thats how I would cast my vote.
your scenario to me is the same, if the prosecution backed out the button on a mag lock. "look now its detachable!".

[dantodd]

I would argue that if you have to disassemble the magazine to the point that it ceases to be a magazine then the modification is permanent. As I said it would be problematic if the dowel can be removed without pulling the spring and follower. I would never do this just so as to avoid the drama.

It has been manufactured as a large-capacity magazine if it was ever manufactured to hold 10 or less rounds in a manner that is not permanent.

Lets walk through the steps:
1.) You get a parts kit
2.) You put together a parts kit with a limiting block and nothing else to meet a burden of permanence
3.) You go to the range, and shoot. Cop sees your mag, gets out of it that it's not permanently modified. It goes to trial.
4.) The DA shows the court that your modification was not permanent by pulling the magazine apart easily with his hands and re-assembling it without the limiting block. No tools whatsoever required.

The actual crime was committed at step 2. The fact that the magazine was rendered into legal parts at step 4 does not erase the past crime at step 2.

Abortion might be legal, but you still can't unscrew a pregnant woman.

ETA: Also, never admit to anything such as the magazine not being a legal large-capacity magazine. They not only have to prove that the magazine is a large capacity magazine but also that it was illegally acquired within the last three years. I do not believe that the AW law has the requirement for "permanent alteration" that the ban includes.