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Old August 13, 2002, 07:49 PM   #15
rocko
Senior Member
 
Join Date: May 27, 2001
Posts: 229
(w)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to transfer or possess a large capacity ammunition
feeding device.


Means mags capable of holding more than 10 rounds are illegal to own or sell.

(2) Paragraph (1) shall not apply to the possession or transfer
of any large capacity ammunition feeding device otherwise lawfully
possessed on or before the date of the enactment of this subsection.


Means that the above does not apply to mags manufactured prior to 9/14/94.

(4) If a person charged with violating paragraph (1) asserts
that paragraph (1) does not apply to such person because of
paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person.con't


Means that, contrary to what many people say, it is up to the government to prove that the mags are postban. It is not up to you to prove they are preban.

con'tThe lack of a serial number as described in section 923(i) of title 18, United States Code, shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).'.

This one is the important one: it says, as you can see, that if the magazine lacks a "serial number" (date code, "Law Enforcement Use Only" markings, etc.), then it is assumed to be preban. So, if all the mags in question here are not marked with any sort of date coding or LEO stamps, they are perfectly legal to own or transfer. Plain and simple.

(d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES- Section 923(i) of title 18, United States Code, as amended by section 110102(d) of this Act, is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured or imported after the effective date of this subsection, and such other identification as the Secretary may by regulation prescribe.'.

Just clarification on the "serial number" requirement here. Refering back to (w)(2), if it doesn't have these markings, it is assumed to be a preban for the purposes of ownership and transfer once it is in the country. The onus is on the manufacturer or importer to mark postban mags as such. If they don't they are breaking the law, but once they are here on the market, according to (w)(2), they are legal to own or sell.

Rocko
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