Carrying in States with Magazine Capacity Limits

[Onomea]

I live in Oregon. Recently Measure 114, requiring permits to purchase, complicating transfers, and banning magazines with an excess of 10 rounds, was passed by voters, but soon stymied by appeals to the judiciary. At the moment anyway the restrictions are not in effect. Oregon Ballot Measure 114 - Wikipedia.

I just bought a Sig P365 with two 12-round mags.

Oregon is next to Washington which has the following law:



Just a moment...

I have an Oregon resident CHL and a Utah non-resident CHL. Washington does not recognize Oregon CHLs because their law requires reciprocity and Oregon will not recognize any other state's CHL. Washington does recognize Utah non-resident CHLs.

My question is, if I travel into Washington, if I am there temporarily, say for an afternoon, am I "importing" an illegal magazine if the mag in my gun exceeds 10 rounds?

If so, do those of you who live next to states with magazine capacity limits switch to low capacity mags when traveling across state lines?

 

[demkofour]

A good practice to follow is when traveling to other states with your handgun, check what the capacity limit is, and carry that capacity… Same applies for bullet design (ie: hollow point vs everything else…)

 

[murphydog]

I see two alternatives. Before you travel to WA, get 10 round magazines for your P365, or travel with another sidearm that holds less then 10. Good luck in your decision.

 

[sigp220.45]

I think they’d have a hard time claiming you are importing a magazine if you plan to leave with it. You’d also be importing your car. That wouldn’t make my “worry about it” list.

 

[AJ]

Sort of the same deal, in Pa. No limits on the magazine. Next door in NY they have a 10 round limit (IIRC). Know an auctioneer that auctions a couple of hundred guns most every month in Pa. If a buyer is from NY and the pistol involved in the sale holds more than 10 rounds, the buyer gets the gun, but not the magazine. Yep, they still buy them.

 

[WR Moore]

That looks like a call the Washington Attorney Generals Office or check their website question. As a non-lawyer, it appears that a currently owned mag with over 10 round capacity would be legal.

HOWEVER: Not everyone is gonna get the memo about currently owned mags if I'm right or give a hoot about it. I'd pick up 2-3 neutered mags for your travels to be on the safe side. Maybe someday they'll be collectors items. Mags are cheaper than either bail or lawyers.

 

[M29since14]

When this stupidity was in effect the last time I was using a revolver and .45 Commander so I didn’t have to think about it.

Here in Indiana, we have a municipality north of where I live with magazine restrictions - in spite of the fact that state law clearly prohibits such interference from the little self-made local kings and queens. I don’t think the police are overly concerned with it, but when I go there I try to adjust accordingly, just to save myself any possible hassles. I don’t have time and money to spend fighting their petty, ridiculous nonsense.

 

[AJ]

Another thought is to do like I do. I carry a revolver since no one has banned them yet. There are times that we drive from Florida to Pa. All States involved in the trip recognize a Florida CCW. Go over to Ohio sometimes and they recognize a Fla. CCW also. But we stay the heck out of NY.

 

[Photog]

I think they’d have a hard time claiming you are importing a magazine if you plan to leave with it. You’d also be importing your car. That wouldn’t make my “worry about it” list.

I agree with you on this, but it could cost several thousands of dollars to fight if you were arrested for bringing illegal (at least in Washington) magazines into the state. Personally, I would just carry the legal magazines and have confidence that the extra 4 rounds would not make that much of a difference if the need arose.

 

[326MOD10]

I wouldn't take the chance.

The law will be interpreted by the person who arrest you or doesn't arrest you.

I would spring for a couple extra 10 round mags and go about my way.

The deal you posted doesn't say "IMPORT FOR PURPOSE OF SELLING".

Importing to me is bringing something into a place. While most definitions deal with importing and exporting on a trade level if you break the definition down to the simple terms it is bringing something into somewhere else.

I have an LEOSA credential from training received at the NRA HQ and the instructor there, which at this time is the legal opinion of the NRA, said when you go to a state with a magazine restriction you follow the rules of that state. Now I know that there is a CPT in Illinois that will get on here and shout me down about this but I know what they instructed and I would go with the NRA's advice before interpreting the law on my own.

So if LEOSA doesn't give you that break I doubt your CCW will.

I am not a lawyer so this isn't legal advise just what I was instructed and what I have gleaned from looking up the definition of "import" on the internet.

When I go I either slip 10 round magazines in my 365 or more times than not I take my Glock 43 with some 6 and 8 round magazines.

Will be interested in hearing what the Washington AG offers up.

 

[Alk8944]

As long as a law is on the books and enforceable in a particular state you MUST obey the laws of the state you are in. If you do not you are subject to a citation, arrest, confiscation, etc. without question. The applicable law is of the state where you are currently, NOT the laws of any other state in which you are licensed or resident! This applies to ALL laws and EVERY state!

To fail to do so is strictly at your own peril!

And, you better be conversant with the laws of that state where you are! As my Grandfather said many times, "Ignorance of the law is no excuse"! He was a District Court Judge, Dean of the local Law School and President of the State Bar Association at times in his life, as well as still a practicing Attorney after he "retired".

 

[T44spl]

To avoid any issues take a 6 round revolver Not a semiautomatic pistol that has the capacity to take a larger round count. That kills that argument, I'm telling you as a NYC resident with a pistol license for over 40 years, Not CCW. I Can't tell you how many people get arrested and their weapons confiscated at airports, bridge crossings etc when their weapons were legal leaving home and crossing borders where there IS Reciprocity between your home state and those states that you may travel through. No such thing in my tri-state area.
People ask me regularly I'm visiting NY and I want to carry my ccw gun after hearing all the horror stories about crime running rampant in NY.
I usually tell them leave your gun at home and/or bring a non lethal means to defend yourself. There is No safe answer. That is the state of the country presently

 

[ladder13]

Arlo, if you get 10 rd mags make sure they are specific for the XL. The standard 10 rd mags that are for the base model will not fit the XL unless you change base pads.

My base 10 rd did not fit my XL when I changed grip modules.

 

[Krogen]

I wouldn't chance it, Onomea. I wouldn't call the attorney general's office either. He is the most virulent anti-gunner to inhabit the office. Ferguson was instrumental in getting the magazine ban as well as the "assault rifle" ban on the books.

I can use and carry high cap mags I already own, and I can use "assault rifles" already owned. But I can't acquire more or sell what I have. There are lawsuits in process to overturn this stuff, but our courts have been quick to panic on the side of the antis. So we're stalled.

Please members, let's not turn this into a good state/bad state discussion. It is what it is and it's likely we're all fighting or will be fighting this battle.

Again, Onomea, I'd err on the side of caution. I hate to say it, but if you needed to use your handgun to protect yourself while here, and you have an 11+ round magazine in it, I think the AG would love to make an example of you. You don't want to be that person.

 

[Centurian 99]

Magazine restrictions.

I am a retired LEO and a nine-year veteran of the USN. I carry everywhere under LEOSA. I would NEVER carry a magazine into a state in violation of their laws. It seems to me that the current crop of LEOs, some of them, take delight in arresting fellow LEOs or retired LEOs for ANY violation.

Do NOT violate any of the laws related to firearms. I suggest you own a pistol, to carry into any state which has mag restrictions, which will not accept a mag which is over ten rounds.

 

[Bald1]

This is my understanding. When in a state that honors your carry permit you still have to carry under their rules and restrictions. As for buying a gun out of state you don’t get the mag if it’s not legal in your home state. Being a NY resident I dealt with this many times when purchasing online.

 

[stansdds]

While it is highly unlikely you could be charged for importing a banned/restricted magazine, you could easily be charged with possession of a banned/restricted magazine. When traveling with a firearm, it behooves you to be very familiar with and abide by all the firearms laws in the states and localities you will pass through.

 

[David Sinko]

I'm a retired municipal police officer and I currently work as a police officer at a local university. Despite the fact that I complete my state's required legal updates every year and qualify at the range every year I consider my campus PD credentials worthless once I leave the state. I carry under LEOSA and the few times that I need to go to NJ or NY I make sure that I am compliant with their laws. I carry a 625 revolver with a bunch of moonclips (six round magazines) loaded with 230 gr. ball ammo. I work with some retired NYPD and when they go to NY they carry 10 round magazines loaded with 8 rounds. When I do the yearly LEOSA qualification there is always talk about the NY magazine restrictions and NJ hollowpoint restrictions but the guys who are actually retired from NYPD do NOT carry more than 8 rounds in a magazine. I look at that as a clue.

 

[cracker57]

My drivers licence from my state lets me drive in every state, however I need to obey the laws of the state I am driving in. Same goes with my CC permit!!!!

 

[HJBM&P22Custom]

It doesn't need to hold "less than 10"

It only needs to hold 10 or less !