Carrying in States with Magazine Capacity Limits

[OKFC05]

.
A seller in PA selling to NY buyers......
That sounds like he is violating the federal law.
If I understand it correctly people can only purchase handguns in the state they reside in.

Not quite correct.
Handguns must be RECEIVED through a dealer in your state of residence. EXAMPLE: I bought an M&P Pro 9 from a dealer in KY, who shipped the pistol to an FFL in my hometown in OK, where I completed the Federal paperwork for me to legally RECEIVE the handgun, complying with Federal law and the laws of both states.

Generally, for a person
to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must
be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or
she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a
NICS background check. More information can be obtained on the ATF website at Bureau of Alcohol, Tobacco, Firearms and Explosives |
and Unlicensed Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives

 

[gjgalligan]

That is how I understood it but the post I quoted made it seem like they got the high bid and just took them home. No transfer involved.

 

[gjgalligan]

No, NY. Montana does not require a permit.

Does NY have none resident carry permits?
Your location says Montana so I was assuming that is where you live. If that is correct I am surprised you could have a NY permit. Unless you are a retired LEO from NY.

 

[Frailer]

.
A seller in PA selling to NY buyers......
That sounds like he is violating the federal law.
If I understand it correctly people can only purchase handguns in the state they reside in.

I am sure that the seller is transferring the gun in question to an FFL-holder.

 

[Rob613]

Does NY have none resident carry permits?
Your location says Montana so I was assuming that is where you live. If that is correct I am surprised you could have a NY permit. Unless you are a retired LEO from NY.

Yes, I live in Montana. I used to live in NY and had my NY permit. I simply changed my address to my MT address when I left NY, permit is still valid. I’m not a LEO.

Some upstate counties to offer non-resident permits if you have a business or property in NY.

 

[AJ]

.
A seller in PA selling to NY buyers......
That sounds like he is violating the federal law.
If I understand it correctly people can only purchase handguns in the state they reside in.

Not quite correct.
Handguns must be RECEIVED through a dealer in your state of residence. EXAMPLE: I bought an M&P Pro 9 from a dealer in KY, who shipped the pistol to an FFL in my hometown in OK, where I completed the Federal paperwork for me to legally RECEIVE the handgun, complying with Federal law and the laws of both states.

Generally, for a person
to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must
be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or
she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a
NICS background check. More information can be obtained on the ATF website at Bureau of Alcohol, Tobacco, Firearms and Explosives |
and Unlicensed Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives

What he said........No FFL is going to jeopardize his license or business (unless his is a fool) by selling a handgun to an out of state buyer. He gets an FFL in their state to transfer the handgun for them. You understand the law, but not how it plays out in real life.

 

[John Patrick]

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?

Yes, and they have to be permanently crimped, not down loaded or blocked in DC. (Adjacent to MD and VA which have no restrictions on the capacity carried - though MD prohibits the transfer or sale of magazines with +10 capacity.)

No high capacity magazines, even empty, they are illegal to posses, let alone use.

That means leaving the house with only 10 round magazines.

 

[moosedog]

Personally, I don't pay any attention to these regulations when I travel. If I
have to use my gun, I'll deal with the minutiae after.

 

[Smoke]

Yes, and they have to be permanently crimped, not down loaded or blocked in DC. (Adjacent to MD and VA which have no restrictions on the capacity carried - though MD prohibits the transfer or sale of magazines with +10 capacity.)

This is what happens when you read to respond rather than read to understand.

The OP is asking about Washington State.

 

[hardluk1]

Onomea Seems like you could common sense your way to the right answer . IF still questioning do not carry . NO CC license laws is a whole different issue . I simple don't care to visit a restricted state and prefer 15 rounds of 180gr hst in my 40sw and a 20 round back up . Good luck deciding what your going to do

 

[cd228]

HiCap mags in restricted states is always a vexing conversation. I can only comment from the NY perspective, YMMV.

BLUF: It's cheaper to buy a compliant magazine or pistol then to get a lawyer to go to court and debate the definition of import and whether it applies to you.

I would recommend switching to a compliant magazine or pistol if you are traveling into a state that has a magazine capacity law. S&W makes some very nice J Frames and Shields that meet the criteria handily.

The reason I recommend the above is that I don't expect anyone to just stop you and ask you to check your magazine capacity. I would expect either a traffic stop, your pistol got spotted and someone called 911 or some kind of defensive situation would lead to Law Enforcement taking an interest in your pistol. If that sort of situation occurs I don't want the officer to have to think or figure out if the magazine is legal or not. If they know a ten round magazine is legal and find a 10-round magazine, they'll move on to the next thing. I don't expect that the office would be willing to entertain discussion on whether you are importing a high cap magazine or not. I also wouldn't want to have to deal with a district attorney if at all possible (they are usually, the ones that decide what gets prosecuted, YMMV). I've always found that the easier you make the interaction with the officer, the better (there is a limit to that, know when to shut up).

That said, I read about a case in NY where it was argued that the officer didn't have the Probable Cause to inspect the magazine for capacity, it was years ago in NY and I don't remember the outcome.

 

[Onomea]

I wound up buying a 10-round mag from Sig and sticking that in when on the occasional visit to Washington.

 

[spirit4earth]

If traveling through or visiting a 10-round state, will that state be okay with a pistol having 10-round mags even if the gun can accept larger mags?
And if just traveling through, does the mag size matter (apart from other transport laws)? For instance, could I travel through NJ, CT, or MA with 15-round mags?

 

[THE PILGRIM]

J Frame time.

 

[fatcat3]

JMHO. Don't go playing jail house lawyer. If it says 10 rounds, that means 10 rounds. Not a 12 round mag. loaded down, not some bubba block to make a 12 rnd mag only hold 10, not because your from away and only there for a few hours, open that wallet wave the moths away and buy 10 rnd mags. OR get a J frame problem & solved.

 

[ImprovedModel56Fan]

This is an S&W forum. Carry a revolver. Higher capacity can easily be attained by carrying speedloaders and/or more revolvers.

 

[Smoke]

This discussion came up on another form several years ago and Masaad Ayoob responded. "You're always better off to remain in clear compliance with the Law instead of staying in the grey area."

That's why I carry a glock 19 in Colorado instead of a Glock 17

 

[LostintheOzone]

AG won't give you legal advice. Call the WSP. They may not know the law but they know why they will arrest you.

 

[steelslaver]

Is that Montana that requires the firearms to be listed on your permit?

Montana could care less what guns you have. You don't even need a permit. I can carry what ever gun or guns, I please, with any size magazine I chose. I don't need a permit for that, but have one for travel. No gun list, in fact it says concealed weapon, so switch blade, sword cane, club or Glock with 20 round mag are all good here.

 

[biku324]

This is an S&W forum. Carry a revolver. Higher capacity can easily be attained by carrying speedloaders and/or more revolvers.

Or a 625/1917/22 with moon clips.