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Magazine Capacity Myths

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Went to two gun shows in PA on saturday, in Warminster and Lancaster. At the Lancaster show I was looking at one of those High Point rifles that was tricked with extra mags mounted on the stock and a red dot. The mag in the receiver was a 15 round. The dealer said he would lower the price and put a 10 round in for me, but I could buy a 15 round one to take with me since no one would know where I bought it. I informed him that 15 is legal in NJ and actually had a friendly argument with the friend I was with about it.

It's 15 right? I know this has been discussed many times but maybe I missed some sleazy legislation along the way. A lot of cops think it's 10, and evidently a lot of dealers think it's 10.

About 6 years ago I bought a Sig with 15 round mags in NJ from an FFL.

 

15 rounds - It's legal, right?

Went to two gun shows in PA on saturday, in Warminster and Lancaster. At the Lancaster show I was looking at one of those High Point rifles that was tricked with extra mags mounted on the stock and a red dot. The mag in the receiver was a 15 round. The dealer said he would lower the price and put a 10 round in for me, but I could buy a 15 round one to take with me since no one would know where I bought it. I informed him that 15 is legal in NJ and actually had a friendly argument with the friend I was with about it.

It's 15 right? I know this has been discussed many times but maybe I missed some sleazy legislation along the way. A lot of cops think it's 10, and evidently a lot of dealers think it's 10.

About 6 years ago I bought a Sig with 15 round mags in NJ from an FFL.

 

15 rounds - It's legal, right?

 

15 rounds is good to go in NJ, for semi-auto handguns or rifles. Anything not semi-auto (revolver, pump, bolt, etc), have unlimited mags.

Semi-auto shotgun is 6 rounds.

Nope, just the laws are crazy.

 

I actually see some websites sending 'rebuild kits' to NJ, but that all gets into what is readily capable of feeding more than 15 rounds... Wish I could find some case law.

Thanks...so I'm NOT crazy.

 

You still may be crazy, but 15 is the law.

So, that dealer was wrong on NJ law regarding mag capacity, but also didn't know or wilfully ignored the fact that mere possession of a "large capacity" mag in NJ (which he erroneously thought was 15 rounds) is a felony.

I bookmarked the gun law web page from NJSP so that in the event im prohibited from buying something legal that I want over a misunderstanding of the law I can quickly and accurately debunk the seller's misinterpretation.

I bookmarked the gun law web page from NJSP so that in the event im prohibited from buying something legal that I want over a misunderstanding of the law I can quickly and accurately debunk the seller's misinterpretation.

 

why its filled with a lot of opinion based nonsense..

would be better to know the actual law.. word for word..

its the link to the statute... is that not the abysmal mess of a law that we all must refer to?

 

http://www.njsp.org/...title13ch54.pdf

Title 13 is the Administrative Code not the law (statute). The actual law is found under 2C.

 

The AC (title 13) is basically the AG's interpretation of the law, ultimately it's up to a judge to decide what the law really says.......

But we all conform to the AG's interpretation as not to warrant potential prosecution no? I know interpretation is big but I care not test the boundaries or my own interpretation and risk potential incarceration..

 

edit

 

if it were just to clarify the distinction between the two I humbly apologize for the mistake.

So, that dealer was wrong on NJ law regarding mag capacity, but also didn't know or wilfully ignored the fact that mere possession of a "large capacity" mag in NJ (which he erroneously thought was 15 rounds) is a felony.

 

Not his problem. He is a gun dealer, not a federally licensed magazine dealer (there is no such thing). He can sell you a BB gun if you tell him you are an NJ felon, because, guess what? BB guns aren't firearms. Just like magazines. BB guns are toys. Except in Jersey. Which is your problem.

 

However, selling the gun with the magazine as part of the same sale could probably be considered selling a firearm you are not allowed to possess in your state so I would advise the dealer against that unless he knows better.

But we all conform to the AG's interpretation as not to warrant potential prosecution no? I know interpretation is big but I care not test the boundaries or my own interpretation and risk potential incarceration..

 

edit

 

if it were just to clarify the distinction between the two I humbly apologize for the mistake.

My understanding is that, no person has ever been prosecuted for violating the AC. The state uses the AC to control what FFL's can and can't sell or what procedures they must follow. If an FFL does something that violates the AC, the state will use that to pull their state dealers license, but would not likely end up charging the dealer with a crime (think SARCO).

 

Some examples: 2C says mags must be blocked to 15 rounds or less, but does not specify how they must be blocked. When the AWB went into effect, the then AG said a piece of wood in the mag was enough to block a mag (even if it could easily be removed), Corzine's AG decided (arbitrarily) that the law required the mags to be "permanently" blocked. If you own a mag that is blocked with a piece of wood, it would be difficult for a prosecutor to get conviction for illegal mag possession because it is indeed blocked as required under the law (2C), what the AC says is irrelevant in a court of law, a prosecutor would have to convince a judge that the law (under 2C) requires the mag to be permanently blocked, which isn't written into the law, a difficult sell.

 

Dealers are required under the AC to record handgun ammo sales in a book, this is not written into the law (under 2C). But, if a dealer doesn't do it, the will get their license yanked.

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