# Gun magazine capacity limits

**URL:** <https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392>\
**Category:** Factual Questions\
**Created:** [August 24, 2003, 9:39pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392 "2003-08-24T21:39:09Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [August 24, 2003, 9:39pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/1 "2003-08-24T21:39:09Z")

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Gun magazines are now limited to 10 rounds, but if you already have magazines of higher capacity you may still use them.

But suppose I have a Ruger Mini-14 that I owned before the capacity limits, and a brand-new Ruger Mini-14 that I just bought. (Just using a Ruger as an example. I mean any gun that can use “high capacity” magazines.) Is it legal to use a 20-rd. magazine in the new gun, just as it is to use one in the older gun? Or is it prohibited?

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**Author:** ![nebco9](https://avatars.discourse-cdn.com/v4/letter/n/cc9497/32.png) [@nebco9](https://boards.straightdope.com/u/nebco9)\
**Post date:** [August 24, 2003, 9:50pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/2 "2003-08-24T21:50:30Z")

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Could be wrong on this, but IIRC buying any magazine with over 10 rounds is illegal. The magazines that are already out there are legal. The law pertains to the magazine, not the gun. So, yes you could.

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**Author:** ![John\_Harrison](https://avatars.discourse-cdn.com/v4/letter/j/b5ac83/32.png) [@John\_Harrison](https://boards.straightdope.com/u/John_Harrison)\
**Post date:** [August 24, 2003, 9:59pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/3 "2003-08-24T21:59:43Z")

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Yes. The law only applies to hi-cap magazines manufactured after 1994.

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<div class="post-metadata">

**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [August 24, 2003, 10:04pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/4 "2003-08-24T22:04:26Z")

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So if I were to buy a Springfield M-1A that was manufactured this year, I could legally use surplus M-14 magazines in it? Somehow I was under the impression that putting a hi-cap mag into a gun made after the ban magically changes the gun into a prohibited “assault rifle”. Could there be another law that specifically prohibits the use of hi-cap mags in an identical, albeit newer, gun?

(BTW: All of my firearms of this type are pre-ban. I’m just curious.)

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**Author:** ![billy](https://avatars.discourse-cdn.com/v4/letter/b/ecd19e/32.png) [@billy](https://boards.straightdope.com/u/billy)\
**Post date:** [August 24, 2003, 10:17pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/5 "2003-08-24T22:17:05Z")

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I legally purchased 15 round clips for my P85 in 1996 at a gun shop. The ban is on manufacture, not selling, owning, or use.

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**Author:** ![Susanann](https://avatars.discourse-cdn.com/v4/letter/s/7ab992/32.png) [@Susanann](https://boards.straightdope.com/u/Susanann)\
**Post date:** [August 24, 2003, 11:03pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/6 "2003-08-24T23:03:24Z")

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There are some illegal magazines out there, beware.

If you are caught with an illegal magazine(even thought the seller told you it was legal) then you are looking at prison time.

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**Author:** ![John\_Harrison](https://avatars.discourse-cdn.com/v4/letter/j/b5ac83/32.png) [@John\_Harrison](https://boards.straightdope.com/u/John_Harrison)\
**Post date:** [August 24, 2003, 11:11pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/7 "2003-08-24T23:11:43Z")

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> [@](#):
>
> \*Originally posted by Johnny L.A. \*  
> So if I were to buy a Springfield M-1A that was manufactured this year, I could legally use surplus M-14 magazines in it?

Yes

> [@](#):
>
> Somehow I was under the impression that putting a hi-cap mag into a gun made after the ban magically changes the gun into a prohibited “assault rifle”. Could there be another law that specifically prohibits the use of hi-cap mags in an identical, albeit newer, gun?

No. According to the assault weapon law, a semi-automatic rifle is an assault weapon if it can accept a detachable magazine (either hi-cap or 10 round) and has two or more of the following:

A folding or telescoping stock  
A pistol grip  
A bayonet mount  
A flash suppressor, or threads to attach one  
A grenade launcher.

The magazine part of the law prohibits the manufacture of hi-cap magazines for civilian use past 1994. It’s fine if you are LEO or military.

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<div class="post-metadata">

**Author:** ![x-ray\_vision](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/x-ray_vision/32/351_2.png) [@x-ray\_vision](https://boards.straightdope.com/u/x-ray_vision)\
**Post date:** [August 25, 2003, 12:24am UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/8 "2003-08-25T00:24:31Z")

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What **Billy** wrote is correct. You can buy them if they have already been legally made before the ban went into effect. The ban is on the manufacturers.

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<div class="post-metadata">

**Author:** ![x-ray\_vision](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/x-ray_vision/32/351_2.png) [@x-ray\_vision](https://boards.straightdope.com/u/x-ray_vision)\
**Post date:** [August 25, 2003, 12:27am UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/9 "2003-08-25T00:27:57Z")

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What do you mean by an illegal magazine **Susanann**? If you bought a magazine from a licenced dealer and he is selling magazines that were made after the ban, I don’t see why you believe the buyer is looking at prison time.

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<div class="post-metadata">

**Author:** ![billy](https://avatars.discourse-cdn.com/v4/letter/b/ecd19e/32.png) [@billy](https://boards.straightdope.com/u/billy)\
**Post date:** [August 25, 2003, 12:39am UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/10 "2003-08-25T00:39:59Z")

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> [@](#):
>
> \*Originally posted by Susanann \*  
> \*\*If you are caught with an illegal magazine(even thought the seller told you it was legal) then you are looking at prison time. \*\*

I don’t want no prision time…can you cite a source for this??

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<div class="post-metadata">

**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [August 25, 2003, 12:44am UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/11 "2003-08-25T00:44:52Z")

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If you have a post-ban magazine, then you would have to convince a jury that you did not know it was post-ban. But I don’t think it would get that far unless the prosecutor was particularly zealous. If you told him where you got the magazine, then the person selling it would be in trouble.

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<div class="post-metadata">

**Author:** ![Una\_Persson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/una_persson/32/346_2.png) [@Una\_Persson](https://boards.straightdope.com/u/Una_Persson)\
**Post date:** [August 25, 2003, 2:02am UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/12 "2003-08-25T02:02:52Z")

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Ummm…guys? Aren’t all post-ban magazines supposed to, by law, have a serial number on them and a date? And didn’t the law say that the **absence** of the serial number and date was a legal presumption that the magazine was “pre ban”, and thus permitted? I’m certain I remember language to that effect in the bill which was signed.

On the second subject: don’t be so sure to trust what you read here in this thread without further research, Johnny. When I was a dealer, there was some controversy under the Clinton ATF as to whether or not the scenario you described (a pre-ban magazine being put onto a current manufacture weapon) did in fact constitute making the firearm “illegal”. This also applied to folding stocks, and I think the case in point was a pre-ban folding stock put on an MAK-90, thus creating a “prohibited weapon” from a combination of pre and post-ban parts.

In short, until people (myself included) start posting actual links to the actual law, and to court decisions and ATF publications - or you find them via other means - err on the side of safety.

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<div class="post-metadata">

**Author:** ![Una\_Persson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/una_persson/32/346_2.png) [@Una\_Persson](https://boards.straightdope.com/u/Una_Persson)\
**Post date:** [August 25, 2003, 4:20am UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/13 "2003-08-25T04:20:17Z")

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Well, since no one else is going to look it up, I will.

From:

[Code of Federal Regulations]  
[Title 27, Volume 2]  
[Revised as of April 1, 2003]  
From the U.S. Government Printing Office via GPO Access  
[CITE: 27CFR478]

[Page 101-169]  
TITLE 27–ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER II–BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE

> [@](#):
>
> Sec. 478.39 Assembly of semiautomatic rifles or shotguns.
> 
> ```
> (a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes.
> (b) The provisions of this section shall not apply to:
> (1) The assembly of such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or
> (2) The assembly of such rifle or shotgun for the purposes of 
> 
> ```
> 
> testing or experimentation authorized by the Director under the  
> provisions of Sec. 478.151; or  
> (3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.  
> © For purposes of this section, the term imported parts are:  
> (1) Frames, receivers, receiver castings, forgings or stampings  
> (2) Barrels  
> (3) Barrel extensions  
> (4) Mounting blocks (trunions)  
> (5) Muzzle attachments  
> (6) Bolts  
> (7) Bolt carriers  
> (8) Operating rods  
> (9) Gas pistons  
> (10) Trigger housings  
> (11) Triggers  
> (12) Hammers  
> (13) Sears  
> (14) Disconnectors  
> (15) Buttstocks  
> (16) Pistol grips  
> (17) Forearms, handguards  
> (18) Magazine bodies  
> (19) Followers  
> (20) Floorplates
> 
> [T.D. ATF-346, 58 FR 40589, July 29, 1993]

From Section 478.40a

> [@](#):
>
> Sec. 478.40a Transfer and possession of large capacity ammunition feeding devices.
> 
> ```
> (a) Prohibition. No person shall transfer or possess a large 
> 
> ```
> 
> capacity ammunition feeding device.  
> (b) Exceptions. The provisions of paragraph (a) of this section  
> shall not apply to:  
> (1) The possession or transfer of any large capacity ammunition  
> feeding device otherwise lawfully possessed on September 13, 1994;  
> (2) The manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement;  
> (3) The transfer to a licensee under title I of the Atomic Energy  
> Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;  
> (4) The possession, by an individual who is retired from service  
> with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon such retirement;  
> (5) The manufacture, transfer, or possession of any large capacity ammunition feeding device by a manufacturer or importer for the purposes of testing or experimentation in accordance with Sec. 478.153; or  
> (6) The manufacture, transfer, or possession of any large capacity ammunition feeding device by a manufacturer or importer for the purpose of exportation in accordance with the Arms Export Control Act (22 U.S.C. 2778).  
> © Importation, manufacture, and dealing in large capacity  
> ammunition feeding devices. Possession and transfer of large capacity ammunition feeding devices by persons who manufacture, import, or deal in such devices will be presumed to be lawful if such persons maintain evidence establishing that the devices are possessed and transferred for sale to purchasers specified in paragraph (b) of this section. Examples of acceptable evidence include the following:  
> (1) Contracts between persons who import or manufacture such devices and persons who deal in such devices stating that the devices may only be sold to law enforcement agencies or other purchasers specified in paragraph (b) of this section;  
> (2) Copies of purchase orders submitted to persons who manufacture, import, or deal in such devices by law enforcement agencies or other purchasers specified in paragraph (b) of this section;  
> (3) Copies of letters submitted to persons who manufacture, import, or deal in such devices by government agencies or other purchasers specified in paragraph (b) of this section expressing an interest in  
> purchasing the devices;  
> (4) Letters from persons who deal in such devices to persons who import or
> 
> [[Page 122]]
> 
> manufacture such devices stating that sales will only be made to law enforcement agencies or other purchasers specified in paragraph (b) of this section; and  
> (5) Letters from law enforcement officers purchasing in accordance with paragraph (b)(2) of this section and Sec. 478.132.

And from Sec. 478.92 “How must licensed manufacturers and licensed importers identify firearms, armor piercing ammunition, and large capacity ammunition feeding devices?”

> [@](#):
>
> © Large capacity ammunition feeding devices manufactured after September 13, 1994. (1) Each person who manufactures or imports any large capacity ammunition feeding device manufactured after September 13, 1994, shall legibly identify each such device with a serial number. Such person may use the same serial number for all large capacity ammunition feeding devices produced.  
> (i) Additionally, in the case of a domestically made large capacity ammunition feeding device, such device shall be marked with the name, city and State (or recognized abbreviation thereof) of the manufacturer;  
> (ii) And in the case of an imported large capacity ammunition  
> feeding device, such device shall be marked:  
> (A) With the name of the manufacturer, country of origin, and,  
> (B) Effective July 5, 1995, the name, city and State (or recognized abbreviation thereof) of the importer.  
> (iii) Further, large capacity ammunition feeding devices  
> manufactured after September 13, 1994, shall be marked `RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY'' or, in the case of devices manufactured or imported for export, effective July 5, 1995, `FOR EXPORT ONLY.’’  
> (2) All markings required by this paragraph © shall be cast,  
> stamped, or engraved on the exterior of the device. In the case of a magazine, the markings shall be placed on the magazine body.  
> (3) Exceptions–(i) Metallic links. Persons who manufacture or  
> import metallic links for use in the assembly of belted ammunition are only required to place the identification marks prescribed in paragraph ©(1) of this section on the containers used for the packaging of the links.  
> (ii) Alternate means of identification. The Director may authorize other means of identifying large capacity ammunition feeding devices upon receipt of a letter application, in duplicate, from the manufacturer or importer showing that such other identification is reasonable and will not
> 
> [[Page 133]]
> 
> hinder the effective administration of this part.
> 
> (Approved by the Office of Management and Budget under control number 1512-0550)

And from Sec. 478.119 Importation of ammunition feeding devices.

> [@](#):
>
> Sec. 478.119 Importation of ammunition feeding devices.
> 
> ```
> (a) No ammunition feeding device shall be imported or brought into the United States unless the Director has authorized the importation of such device.
> (b) For purposes of this section, an ``ammunition feeding device'' is a magazine, belt, drum, feed strip, or similar device for a firearm that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. The term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition, or a fixed device for a manually operated firearm, or a fixed device for a firearm listed in 18 U.S.C. 922, Appendix A.
> (c) An application for a permit, ATF Form 6, to import or bring an 
> 
> ```
> 
> ammunition feeding device into the United States or a possession thereof under this section shall be filed, in triplicate, with the Director. The application shall contain:  
> (1) The name and address of the person importing the device,  
> (2) A description of the device to be imported, including type and cartridge capacity, model and caliber of firearm for which the device was made, country of manufacture, and name of the manufacturer if known,  
> (3) The unit cost of the device to be imported,  
> (4) The country from which to be imported,  
> (5) The name and address of the foreign seller and the foreign  
> shipper,  
> (6) Verification that such device will be marked as required by this part, and  
> (7) A statement by the importer that the device is being imported for sale to purchasers specified in Sec. 478.40a(b) or physical or reasonable documentary evidence establishing that the magazine was manufactured on or before September 13, 1994. Any one of the following examples, which are not meant to be exhaustive, may be sufficient to establish the time of manufacture:  
> (i) Permanent markings or physical characteristics which establish that the magazine was manufactured on or before September 13, 1994;  
> (ii) A certification from the importer, under penalty of perjury,  
> that the importer maintained continuous custody beginning on a date prior to September 14, 1994, and continuing until the date of the certification. Such certification shall also be supported by reasonable documentary evidence, such as commercial records;  
> (iii) A certification from the importer, under penalty of perjury,  
> that the magazines sought to be imported
> 
> [[Page 149]]
> 
> were in the custody and control of a foreign Government on or before September 13, 1994, along with reasonable documentary evidence to support the certification; or  
> (iv) A certification from the importer, under penalty of perjury,  
> that the magazine was in the possession of a foreign arms supplier on or before September 13, 1994, along with reasonable documentary evidence to support the certification.  
> (d) The Director shall act upon applications to import ammunition feeding devices as expeditiously as possible. If the Director approves the application, such approved application shall serve as the permit to import the device described therein, and importation of such devices may continue to be made by the person importing such devices under the approved application (permit) during the period specified thereon. The Director shall furnish the approved application (permit) to the applicant and retain two copies thereof for administrative use. If the Director disapproves the application, the person importing such devices  
> shall be notified of the basis for the disapproval.  
> (e) An ammunition feeding device imported or brought into the United States by a person importing such a device may be released from Customs custody to the person importing such a device upon showing that such person has obtained a permit from the Director for the importation of the device to be released. In obtaining the release from Customs custody of such a device authorized by this section to be imported through use of a permit, the person importing such a device shall prepare ATF Form 6A, in duplicate, and furnish the original ATF Form 6A to the Customs officer releasing the device. The Customs officer shall, after certification, forward the ATF Form 6A to the address specified on the form. The ATF Form 6A shall show the name and address of the person importing the device, the name of the manufacturer of the device, the country of manufacture, the type, model, caliber, size, and the number of devices released.  
> (f) Within 15 days of the date of release from Customs custody, the person importing such a device shall:  
> (1) Forward to the address specified on the form a copy of ATF Form 6A on which shall be reported any error or discrepancy appearing on the ATF Form 6A certified by Customs, and  
> (2) Pursuant to Sec. 478.92, place all required identification data on each imported device manufactured after September 13, 1994, if same did not bear such identification data at the time of its release from Customs custody.  
> (g) The Director may authorize the conditional importation of an ammunition feeding device as provided in Sec. 478.116.
> 
> (Paragraphs (a), ©, and (d) approved by the Office of Management and Budget under control numbers 1512-0017 and 1512-0018; paragraphs (e) and (f) approved by the Office of Management and Budget under control number 1512-0019)

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<div class="post-metadata">

**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [August 25, 2003, 12:20pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/14 "2003-08-25T12:20:09Z")

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Thanks **Anthracite**. I’ll need some more coffee before I can process all of that, though! 😉

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**Author:** ![Susanann](https://avatars.discourse-cdn.com/v4/letter/s/7ab992/32.png) [@Susanann](https://boards.straightdope.com/u/Susanann)\
**Post date:** [August 25, 2003, 12:56pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/15 "2003-08-25T12:56:32Z")

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> [@](#):
>
> \*Originally posted by Johnny L.A. \*  
> \*\*If you have a post-ban magazine, then you would have to convince a jury that you did not know it was post-ban. But I don’t think it would get that far unless the prosecutor was particularly zealous. If you told him where you got the magazine, then the person selling it would be in trouble. \*\*

Its possible you may not go to prison if what Johnny says comes true and your jury finds you not guilty.

The simple fact is, that you were definitely in possession of illegal magazines. The case against you is easy and a slam dunk for the prosecutor. You are in possession of federally prohibited substances.

It would be up to you to convince a jury that the particular illegal magazine was purchased unknowingly by you, and that you could prove that that specific magazine was sold to you by some other person under false pretences. Keep in mind that the other person is not on trial, you are.

The court and prosecutor may not even want to bother with building a case against the other person, why should they? The “reasons”(i.e. excuses) why you are in possession of prohibited substances may be immaterial. It would almost be impossible even if you had a receipt that the particular magazine that you bought from anyone was the illegal one.

You may get lucky(?), not be convicted, and end up only paying $10,000 - $20,000 in attorney costs for possession of those illegal magazines.

In addition to prison time, as a convicted felon, keep in ming that you will not be allowed to own or possess any firearm, nor any ammunition for the rest of your life.

Why dont you reflect on this a little bit. Do you want to risk at least $10,000, months of court and trial time, and maybe even prison time and the loss of your right to bear arms forever, just to save a few bucks?

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<div class="post-metadata">

**Author:** ![Susanann](https://avatars.discourse-cdn.com/v4/letter/s/7ab992/32.png) [@Susanann](https://boards.straightdope.com/u/Susanann)\
**Post date:** [August 25, 2003, 1:12pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/16 "2003-08-25T13:12:36Z")

</div>

You can save yourself a lot of court costs and attorney fees, by just buying a used older gun which had high capacity.

In the case of registered handguns, if the state registration form states the capacity of that particular handgun to be 15, 17 or whatever, and you have factory magazines, you are pretty safe from any zealous prosecutor or cop.

If you buy a current(newer post ban) handgun, where the registration form of the gun actually states the magazine only carries 10, and you are in possession of a larger magazine, then any cop and prosecutor is going to examine that magazine with a fine toothcomb.

What the cops and the prosecutor will be seeing, is that you obviously intentfully purposely modified the gun to carry more rounds than it was legally manufactured for. You will have an extremely difficult time convincing any jury that although you knowingly, admittedly, and deliberately modified the gun, that you were unaware of its illegality in spite of the fact that you knew you could not buy a legal one manufactured today.

The ban is not just on the manufacture, but on the possession.

Furthermore, many of the illegal magazines floating out there, are manufactured overseas, and not many prosecutors would be willing to drop the easy case against you, and instead try to prosecute some machine shop in Bulgaria that actually made the illegal magazines.

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<div class="post-metadata">

**Author:** ![JXJohns](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jxjohns/32/469_2.png) [@JXJohns](https://boards.straightdope.com/u/JXJohns)\
**Post date:** [August 25, 2003, 7:11pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/17 "2003-08-25T19:11:48Z")

</div>

> [@](#):
>
> What the cops and the prosecutor will be seeing, is that you obviously intentfully purposely modified the gun to carry more rounds than it was legally manufactured for. You will have an extremely difficult time convincing any jury that although you knowingly, admittedly, and deliberately modified the gun, that you were unaware of its illegality in spite of the fact that you knew you could not buy a legal one manufactured today.

Sorry, but you haven’t modified anything by putting an older magazine in the gun. I have a Glock 22 that is two years old. It will use older preban Glock mags that hold more than 10 rounds. This is perfectly legal and no modification is necessary to make them work.

As far as registered guns go, I guess I am lucky that I do not have to register my pistols where I live. But if it were the case, the Glock 22 made in July 1994 uses the same magazines as the 22 made in 2002. How one could be registered with one capacity and the other exact same model be registered differently is beyond my comprehension. Is capacity truly even registered?

The ban (which should expire next year hopefully) applies to magazines, and not the guns that use them. Your _local_ laws may vary however…

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<div class="post-metadata">

**Author:** ![Susanann](https://avatars.discourse-cdn.com/v4/letter/s/7ab992/32.png) [@Susanann](https://boards.straightdope.com/u/Susanann)\
**Post date:** [August 25, 2003, 9:48pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/18 "2003-08-25T21:48:02Z")

</div>

All I can say is, that I have a Berretta high capacity, it was manufactured that way, the official state registration says it is high capacity, and the magazines are factory made. I am not worried at all about having it.

The rest of you can hire lawyers if you get caught with an illegal one.

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**Author:** ![Airman\_Doors\_USAF](https://avatars.discourse-cdn.com/v4/letter/a/e36b37/32.png) [@Airman\_Doors\_USAF](https://boards.straightdope.com/u/Airman_Doors_USAF)\
**Post date:** [August 25, 2003, 9:57pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/19 "2003-08-25T21:57:08Z")

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**Susanann** , you’re just plain wrong. I have a Glock 27, which has two 9-round magazines standard with them and always has. I can take a Glock 22 or 23 magazine and use it, legally, even though it would protrude around 4-6 inches from the grip. That is, in fact, why Glock designed their guns to be able to share magazines.

In other words, you’re gonna have to pony up something better than what you have so far.

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**Author:** ![x-ray\_vision](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/x-ray_vision/32/351_2.png) [@x-ray\_vision](https://boards.straightdope.com/u/x-ray_vision)\
**Post date:** [August 25, 2003, 10:17pm UTC](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392/20 "2003-08-25T22:17:08Z")

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**Susanann** , you really ought to get your facts straight before you post in GQ.

> [@](#):
>
> The simple fact is, that you were definitely in possession of illegal magazines.

That’s bullshit.

[Next page](https://boards.straightdope.com/t/gun-magazine-capacity-limits/197392.md?page=2)
