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somewhat legal question about magazines

PostPosted: Fri Mar 11, 2011 4:23 pm
by Atomicdog
so let's say i take a 30 round 5.56 SIG magazine and load it up with .450 bushy rounds. In my state, 20 rounds is the maximum allowable size magazine. However, I'm no longer using it for the intended 30 rounds of 5.56 but am using it for the .450 bushy (which will hold less than 20 rounds in the magazine). Am I doing something unlawful? I'm looking for all opinions...shooters...lawyers and otherwise. Thanks in advance.

Re: somewhat legal question about magazines

PostPosted: Fri Mar 11, 2011 5:42 pm
by Jim in Houston
I think you wold be all right, if you changed out the follower for the Bushmaster 450 specific one. You might get away with inserting the single round (blue) follower over the standard follower for the 5.56 / .223, but to be safe, it would be best to replace it completely with one of the new (black, I believe) ones.

It might also make a difference if you can load 5.56 / .233 rounds with the B450 follower in place. Hopefully, that's not possible.

But I am not a lawyer, and if you are in California (or similar "gun friendly" State), you probably want legal advice and to read the laws over closely.

Re: somewhat legal question about magazines

PostPosted: Fri Mar 11, 2011 6:56 pm
by Texas Sheepdawg
Hmm, Good Question. Seems to me that if a game warden stops you and you have a 450 B and you have 450 B ammo, is the game warden within his legal boundaries to accuse you of carrying more than 29 rounds of 5.56 ammo (that you dont have), in a 5.56 rifle, (That you don't have), I think he would be easily made a fool of in a court room. Just be sure that YOU don't have any 5.56/223 ammo in your possession and be sure to leave the 5.56 upper receiver at the house. If you are on your killing ground with a 450 Bushmaster with 450 Bushmaster ammo, you are not gonna get more than 12 rounds in a 30 round mag, (if you have a Sig mag). To be accused of this would be the same as being accused of having a Pump Shotgun with no plug, when you really have a single shot break open. Or being accused of having a 5.56/223 Remington, when you really have a 450 Bushmaster.
So, it seems that legally, you could not possibly be convicted of having over 30 rounds in a magazine.
But thats not to say they can't accuse you.

The arguement here in Texas may go something like this.

The DA -"Your Honor, this suspect, had in his possession, a rifle that shot 450 Bushmaster cartridges, but it could be converted to shoot 5.56, and therefore, the magaizine he had in his possession, while it only held 10 rounds of 450 Bushmaster ammo, Had the suspect had an AR 15 Upper that shot 5.56/223 ammo, could have then been able to load in excess of 20 rounds in his 30 round magazine that for now only holds, 10 rounds of the 450 Bushmaster, which was indeed the rifle we found in his possession at the time of the apprehension. While the suspect had no AR 15 5.56/223 Remington rifle in his possession, we would like to think He could have possible broken the law, had he the inclination.....Also...."

The Judge interrupts the psychotic DA..
Judge- "HOLD IT!!...Bailiff!"

Bailiff -"Yes your honor?"

Judge- "Escort this FORMER District Attorney to the nearest mental hospital for further evaluation".

Bailiff- "Yes your Honor".
.
.
Now up in the northeastern US or in Memphis, TN or CA, it would sound something like this.

The DA-"HE HAD A RIFLE!!"

The Judge-"Your Guilty!! Never mind the jury, they think the way we pay them to think". :roll:

Re: somewhat legal question about magazines

PostPosted: Fri Mar 11, 2011 7:47 pm
by BillytheKid
I soooooooooooooo need to move to Texas! LOL

Re: somewhat legal question about magazines

PostPosted: Fri Mar 11, 2011 10:30 pm
by bushmeister
I think that is sound thinking... just because my shotgun will shoot lead shot, doesn't mean I am shooting lead shot. If you don't have ammo that will exceed the capacity on you, then you should be good. disclaimer: "bushmeister is not a lawyer, nor does he play one on tv"

Re: somewhat legal question about magazines

PostPosted: Sat Mar 12, 2011 8:34 am
by Atomicdog
thanks for the advice guys. I think it's pretty sound and frankly, common sense. now....if i can only convince the Dealers that I'm purchasing a 12 round Thumper magazine and not a 30 round ar-15 magazine (banned in my state), then I'll be in business! But that would mean applying some common sense and we know how precious that is!

Re: somewhat legal question about magazines

PostPosted: Sat Mar 12, 2011 9:03 am
by BillytheKid
Atomicdog wrote:thanks for the advice guys. I think it's pretty sound and frankly, common sense. now....if i can only convince the Dealers that I'm purchasing a 12 round Thumper magazine and not a 30 round ar-15 magazine (banned in my state), then I'll be in business! But that would mean applying some common sense and we know how precious that is!


I believe you can still purchase the magazine parts separately, if you tell the dealer that you need repair parts. I was able to get some Sig parts that way, and then just put the parts together myself.

Bill

Re: somewhat legal question about magazines

PostPosted: Sat Mar 12, 2011 10:01 am
by Clipity
BillytheKid wrote:
Atomicdog wrote:thanks for the advice guys. I think it's pretty sound and frankly, common sense. now....if i can only convince the Dealers that I'm purchasing a 12 round Thumper magazine and not a 30 round ar-15 magazine (banned in my state), then I'll be in business! But that would mean applying some common sense and we know how precious that is!


I believe you can still purchase the magazine parts separately, if you tell the dealer that you need repair parts. I was able to get some Sig parts that way, and then just put the parts together myself.

Bill

Yes here in Kommiefornia you can purchase 20 or 30 round rebuild kits to repair your preban mags or if you buy the 10 round plug and glue or rivet the mag together you can have the look but not the capacity. Cost for Magpul rebuild kits here can be had for around $14.00.

Re: somewhat legal question about magazines

PostPosted: Sun Mar 13, 2011 9:14 am
by Texas Sheepdawg
BillytheKid wrote:I soooooooooooooo need to move to Texas! LOL

We have our share of liberals, especially down in Austin. It's not just a
college town, it's the arm pit of politics. But I think we have more pro-
Second Amendment democrats than any other state.
And when it comes down to blows, if any real shooting starts, you would be
a lot safer well inside the Texas Border... Cuz that's where all the heavily armed
good guys will be. Just don't pass around the Tequila until AFTER the battle is
over and we are out of boolits.... LOL
Rednecks, booze and firearms definitely don't mix. Just ask that rural stop sign
out in front of Joe Bobs' corn field down the gravel road from here.
Sorry Texas, but I call it like I see it and that crap has gotta stop..
No pun intended...

Re: somewhat legal question about magazines

PostPosted: Sun Mar 13, 2011 3:32 pm
by wildcatter
The Comedians around here are great.

After you give the ruling Constabularies a call and get a letter, on their letter-head, you might better also quite clearly and professionally make them as being 450b mags and how many rds they hold, if you're worried about the Federales..t