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I keep hearing this from people and I think I am getting gray hairs trying to set them straight. "In order to use a pre ban magazine you must get a pre ban gun or it's illegal."
 

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The magazine law and the AWB have absolutely nothing to do with each other. As such, it is just nonsense to say "you must have a pre ban X to use a pre ban Y."

Probably gets started in the same place that started "it is illegal to carry outside of pistol permit restrictions." The anal orifice of someone that thinks they know everything.
 

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Explaining this to people over, and over, and over, is like telling an awesome long detailed story to someone and then having someone come in while you and your buddy are laughing about it at the end and smiling like he was part of it and say "what happened".
Its a bit scary though how many people dont research or even have a basic understanding of laws yet they own guns or want to. im sorry, knowledge comes first.
 

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Is anyone on here a lawyer that is an expert on these laws, or just repeating what THEY have heard online? Or interpriting laws on their own? I have heard both directions on this issue from many people including FFL's and respected gun collectors. I had been very confused about this so I consulted legal counsel. As it was explained to me by ONE of the LAWYERS I consulted on this issue, "The laws being separated and vague in many ways allows this to be a grey area that I advise you to not test, until legal precedent is set on this issue, do not be the one arrested for it. It may be very costly to prove yourself not guilty, and that may not happen". The OTHER LAWYER I consulted on this issue told me " As I understand the laws and how they are written, there is no problem using a pre ban magazine in a post ban firearm. The only way this could be an issue is that the prosecution tries to convince a jury that when a magazine is in a firearm then it then becomes part of that firearm. Don't do anything wrong while in possession of your firearms and magazines and this should not be an issue." I personally do not own any post ban AR's so its not really an issue for me, but I would not take the word of any "keyboard lawyers". Ask a lawyer or like I did 2, and decide how to interpret these horribly written and vaguely written, and (maybe) connected laws.
 

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to explain it thouroughly.... I had a friend steal from me. Out of respect for his family i sat down with them and explained the issues instead of going to the police... my friend was upset about that so he told the police i owned illegal guns and this that. So the next morning the police showed up. I knew one of the responding officers so i let them in without asking for a warrant (thats a whole nother argument) I knew my guns were legit. In one case i have my 2009 RRA operator, with a preban stamped and a preban not stamped mag. I asked if they were ok in that gun, he said yes. Coming from a LEO i rest my case on the issue.
 

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Is anyone on here a lawyer that is an expert on these laws, or just repeating what THEY have heard online? Or interpriting laws on their own? I have heard both directions on this issue from many people including FFL's and respected gun collectors. I had been very confused about this so I consulted legal counsel. As it was explained to me by ONE of the LAWYERS I consulted on this issue, "The laws being separated and vague in many ways allows this to be a grey area that I advise you to not test, until legal precedent is set on this issue, do not be the one arrested for it. It may be very costly to prove yourself not guilty, and that may not happen". The OTHER LAWYER I consulted on this issue told me " As I understand the laws and how they are written, there is no problem using a pre ban magazine in a post ban firearm. The only way this could be an issue is that the prosecution tries to convince a jury that when a magazine is in a firearm then it then becomes part of that firearm. Don't do anything wrong while in possession of your firearms and magazines and this should not be an issue." I personally do not own any post ban AR's so its not really an issue for me, but I would not take the word of any "keyboard lawyers". Ask a lawyer or like I did 2, and decide how to interpret these horribly written and vaguely written, and (maybe) connected laws.
It appears that first lawyer might not be the one you want to get advice from. In fact, the law is quite clear on this. The fact is clearly says what is illegal in the penal codes, quote:

"Large capacity ammunition feeding device" means a magazine, belt,

drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition.
and the lawyer still has a problem with that would really have me raising an eyebrow at him.

to explain it thouroughly.... I had a friend steal from me. Out of respect for his family i sat down with them and explained the issues instead of going to the police... my friend was upset about that so he told the police i owned illegal guns and this that. So the next morning the police showed up. I knew one of the responding officers so i let them in without asking for a warrant (thats a whole nother argument) I knew my guns were legit. In one case i have my 2009 RRA operator, with a preban stamped and a preban not stamped mag. I asked if they were ok in that gun, he said yes. Coming from a LEO i rest my case on the issue.
LEOs are one of the worst places to get the laws.
 
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