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View Full Version : 30 Round Magazine "kit" legal?



spyder
07-24-2013, 02:12
Hello everyone. I was wondering something... I have heard of people in CA getting magazine "kits", where the high capacity mag was basically dismembered, and sent in pieces to them, and it was all legal.......... Would that be legal here? Or are magazine parts of "high capacity" mags also illegal to buy right now?

Rabid
07-24-2013, 03:03
It is legal to repair from a "repair kit". This is why the date on a magazine is worthless. However it is illegal to manufacture a new magazine from these parts. If you really want to be on the fine edge of the law you could take a Sig mag say it is broken because it will not fit into your Glock and systematically replace parts until it is a Glock mag. As has been said before they can not enforce these laws unless you say the wrong things.

BPTactical
07-24-2013, 05:13
I am pretty sure the "kits" were a consideration of the "not readily convertible" statement within the law. But as they did not specifically denote that and it seems the "readily convertible" aspect has been pretty well killed by interpretation and opinions it would seem a moot point.

ray1970
07-24-2013, 05:20
There was a whole thread on this here somewhere with some good info. Pretty sure the law was worded to where there would be no "kits". Appears they were aware o this loophole in a certain other state and made sure we wouldn't have that same issue here.

I search for the other thread but I gotta take a dump and get ready for work.

UncleDave
07-24-2013, 07:48
I hope everything comes out ok Ray! [Coffee]

ray1970
07-24-2013, 09:27
It was uneventful. Thanks for the concern.

[Awesom]

BuffCyclist
07-24-2013, 09:43
Spyder, aren't you moving to TX soon? Why not just wait until you move in to buy a crapload of 30rd mags?

spyder
07-24-2013, 10:32
Spyder, aren't you moving to TX soon? Why not just wait until you move in to buy a crapload of 30rd mags?

My mill won't be up and running there till almost the end of the month next month... I can use the college's mill here, now. Also, I have no clue as to who a good FFL in Perryton is, and then, since it is a pistol with high caps (4 of them), I definitely have to do the whole residency thing, which takes time to hit... It would just be a lot easier to get it here now while I'm in Colorado.

BuffCyclist
07-24-2013, 10:55
Ah, wasn't sure why you were asking the question as I forgot that officially takes 1 full year to gain residency in a new state. I was simply thinking that once you moved there, changed your banking addresses, got a TX DL, got TX license plates that you were considered, for all intents and purposes, a TX resident. Most firearms companies will ship high-capacity mags wherever, as long as the billing and shipping address match up. [Dunno]

eta: In addition, I would think that if you had a full time job as well as a full time place of residence, you'd be considered a TX resident. If you own a home in CO, are you planning on keeping it for family, renting it out or selling it? If you kept it, I could see how things could get tricky. Otherwise, it seems as though if you no longer have a place of residence in CO, you are no longer a CO resident and are not subject to CO laws...

10mm-man
07-24-2013, 10:57
[QUOTE=ray1970;1247369

I search for the other thread but I gotta take a dump and get ready for work.[/QUOTE]


http://youtu.be/-XNDM4eAn1U

BPTactical
07-24-2013, 11:07
http://youtu.be/-XNDM4eAn1U

But how else would one wash "Orange Junk"?

Circuits
07-24-2013, 16:00
I definitely have to do the whole residency thing, which takes time to hit...

To purchase firearms in your new state of residence as a resident, you just need to get your ID switched over, and it's done. There are no mandatory minimum waiting periods for citizens, only for aliens.

spqrzilla
07-24-2013, 16:05
Hello everyone. I was wondering something... I have heard of people in CA getting magazine "kits", where the high capacity mag was basically dismembered, and sent in pieces to them, and it was all legal.......... Would that be legal here? Or are magazine parts of "high capacity" mags also illegal to buy right now?
No.

JMBD2112
08-27-2013, 21:53
wasn't sure where to put this, but this thread seems like a good place.

I was searching for YHM diamond free float on armslist and noticed a couple ads for mags. Went over to the magazines section and wow there's a bunch of people selling 15rd+ mags. Then I stumbled across this.

http://www.armslist.com/posts/1979182/colorado-springs-colorado-magazines-for-sale--beware-ads-for-high-capacity-magazines

Then this... (relevant to the thread)

http://www.armslist.com/posts/1922517/colorado-magazines-for-sale--colorado-legal-pmag---15-30-gen-m3--5-56x45-30rd-magazine-with-legal-15rd-capactity

Just thought I would share

spqrzilla
08-27-2013, 22:01
I too suspect a good fraction of those ads are bogus. But clearly some people don't have a clue. I can't see that the "15 rd" Magpuls are legal even under the AG's memo.

JMBD2112
08-27-2013, 22:05
I too suspect a good fraction of those ads are bogus. But clearly some people don't have a clue. I can't see that the "15 rd" Magpuls are legal even under the AG's memo.

If you get a chance browse the mag section....I wonder how many of them are set ups

battle_sight_zero
08-27-2013, 22:11
If you get a chance browse the mag section....I wonder how many of them are set ups

If they are why has nobody been busted? For me counting the days to election day 2016 and not worrying about this nonsense. If the laws dont change I will be a transplanted greenie in Wyoming and I wont look back.

JMBD2112
08-27-2013, 22:15
If they are why has nobody been busted? For me counting the days to election day 2016 and not worrying about this nonsense. If the laws dont change I will be a transplanted greenie in Wyoming and I wont look back.

I feel you....I'll be headed to TN probably

spqrzilla
08-27-2013, 23:04
Why is no one busted yet? Well, maybe because I'm wrong.

Or maybe because its only been seven weeks since the law went into effect ...

68Charger
08-28-2013, 07:21
I'll only offer one piece of info... When a law refers to"manufacture", it relies upon the commerce clause... So a "manufacturer"is an entity that is engaged in the business of building... If you build for your own private use, you are not "manufacturing"

However, I am not a lawyer so this advice could be worth less than you paid for it... [blah-blah]

spqrzilla
08-28-2013, 07:51
I'll only offer one piece of info... When a law refers to"manufacture", it relies upon the commerce clause... So a "manufacturer"is an entity that is engaged in the business of building... If you build for your own private use, you are not "manufacturing"



Not at all true. Colorado state law is what is being discussed. There is no "reliance" upon the Commerce Clause, which is a provision of Congress' authority, not Colorado's.

68Charger
08-28-2013, 08:22
Colorado state law is what is being discussed. There is no "reliance" upon the Commerce Clause, which is a provision of Congress' authority, not Colorado's.

Good point, but the definition may still be applicable, even if the state does not rely on the commerce clause... "my client is not a manufacturer"
But in the case of 1224, it's pretty much irrelevant anyway- since the law states "possesses", most of the mention of manufacturer/ing is in exceptions, so it wouldn't help unless you are one.

The only part it could possibly nullify would be 18-12-203, about the required markings for magazines manufactured in the State of Colorado... since a person repairing their own mag is not a "manufacturer"
The whole bill is written poorly, as if it was intended to obfuscate and confuse. (but we all already know that) [Beer]

I'm also not sure I can afford to pay my Lawyer to explain that in court [Coffee]


and my disclaimer still applies...

Squeeze
08-28-2013, 19:28
Why is no one busted yet? Well, maybe because I'm wrong.

Or maybe because its only been seven weeks since the law went into effect ...

Or perhaps just no one gives 2 shits about the unenforceable law anyway? Figure a pending law-suit is in effect to abolish them anyhow. Every cop I've talked to said they wouldn't enforce it even if they knew the magazine was bought after 7/1/13. I ran into a police officer at Cabelas yesterday while browsing the store. She was stopping by to look for some reloading stuff for her hubby after work. The magazine capacity conversation came up and her words exactly, "Just go to another state and buy them, it isn't like anyone is checking anyway. All you have to say is, "I bought them a couple of years ago" and that's the end of it".

Justin
08-28-2013, 22:32
3 pages and no one has thought to actually look up the text of the law? Did I miss something?

If not, here:

http://coloradoguncase.org/1224-engrossed.pdf

And here are the letters of clarification from the AG:

http://coloradoguncase.org/051613_technical_guidance_large_cap_magazine_ban.p df

http://coloradoguncase.org/7-10-13%20CDPS%20Technical%20Guidance%20Final.pdf

spqrzilla
08-28-2013, 22:32
Squeeze, you really need to understand that there are LEO agencies out there that have political clowns looking to make a name for themselves with politicians. Not every department is signed onto the Independence Institute's lawsuit. Many city departments are not, and the various state agencies answer to Hickenlooper (D-Bloomberg).

It just takes one to jam up your day.

spqrzilla
08-28-2013, 22:33
Justin, we've been going over the text of the law for months now. And the AG's memos, for what they are worth.

sniper7
08-28-2013, 22:35
Dont ask, Dont tell. It applies. Fuck the dems and their nonsense. A kit isn't a full mag. As long as you Dont incriminate yourself their isn't shit they can do. Plead the 5th, tell them it is legal and you owned it before 7/1 and prove you didn't.

Justin
08-28-2013, 22:37
Justin, we've been going over the text of the law for months now. And the AG's memos, for what they are worth.

Oh, I know. I just thought it odd that it wasn't posted in this thread.

TFOGGER
08-29-2013, 07:44
Just a guess, but I see the likely application of this law to be as a tacked on charge to give the DAs more leverage in obtaining plea bargains and getting co-conspirators to testify against each other, rather than an offense that will stand on its own. Kind of like charging someone with leaving the scene of an accident when they've committed a fatal hit and run. Throw shit at the wall and see what sticks.

merl
08-29-2013, 09:01
Just a guess, but I see the likely application of this law to be as a tacked on charge to give the DAs more leverage in obtaining plea bargains and getting co-conspirators to testify against each other, rather than an offense that will stand on its own. Kind of like charging someone with leaving the scene of an accident when they've committed a fatal hit and run. Throw shit at the wall and see what sticks.

There was actually a section in the mag ban that was exactly that addon charge. Possession of a >15round mag obtained after July 1 during a felony or a crime of violence is itself a class 6 felony.