Washington Private party sale of high-capacity magazines in Washington?

[Yarome]

It stands to reason that it would also be legal to take already owned mags to ID and sell them to an ID resident OR a resident of WA (or any state) as long as the transaction takes place in ID.

Except selling them to a WA resident in ID... they would be guilty of importation into WA when they return home... right(?) No different than if a WA resident purchased online and tried to have them shipped in... although... much less trace/enforce-able.

 

[Xaevian]

...it would also be legal to take already owned mags to ID and sell them to an ID resident OR a resident of WA (or any state) as long as the transaction takes place in ID.

Well, it would be illegal in that example for the buyer from WA to bring those magazines into WA after purchasing them.

 

[slimmer13]

Except selling them to a WA resident in ID... they would be guilty of importation into WA when they return home... right(?) No different than if a WA resident purchased online and tried to have them shipped in... although... much less trace/enforce-able.

That's why I said "for use in the state of ID".

Basically, yes you can sell mags out of state in a state where they are legal, to pretty much anyone that is legal to possess them. If they then commit a crime it's on them.

 

[Yarome]

Well, it would be illegal in that example for the buyer from WA to bring those magazines into WA after purchasing them.

It makes you wonder too if there would be a violation on the seller as well. I mean a WA resident selling to another WA resident... even if the sale and transfer took place over the WA state line. (?)

If it only applies to sales, purchase and transfer within state lines.. everyone and their dog can just hop a border to take advantage of the loophole. The only risk being on the guy taking them back home again.

 

[Xaevian]

It makes you wonder too if there would be a violation on the seller as well. I mean a WA resident selling to another WA resident... even if the sale and transfer took place over the WA state line. (?)

If it only applies to sales, purchase and transfer within state lines.. everyone and their dog can just hop a border to take advantage of the loophole. The only risk being on the guy taking them back home again.

Exactly.

 

[slimmer13]

It makes you wonder too if there would be a violation on the seller as well. I mean a WA resident selling to another WA resident... even if the sale and transfer took place over the WA state line. (?)

If it only applies to sales, purchase and transfer within state lines.. everyone and their dog can just hop a border to take advantage of the loophole. The only risk being on the guy taking them back home again.

It's no different than driving to a GS in another state and purchasing mags. Perfectly legal. It's the "importation" that would run afoul of state law.

I know a lot of people that have lake places in ID. They can buy all the mags they want and keep them there.

 

[DirectDrive]

Somewhere I read a story of how NY LEO's were patrolling PA gun shows.
They were looking for NY residents buying and importing back into NY, mags over than 10rds.

Food for thought.

 

[Xaevian]

Somewhere I read a story of how NY LEO's were patrolling PA gun shows.
They were looking for NY residents buying and importing back into NY, mags over than 10rds.

Food for thought.

Their law may have been written differently, and this may just be urban legend. A state does not have the legal authority to "patrol" in another state. This gets into a level of complexity too big for this forum. If a person finds themselves in something like this, say nothing, do not consent to a search, and consult an attorney in your state. Generally.

I would never advise anyone break the law, but I can advise that outside an admission of guilt, the large cap mag portion of the RCW is nearly impossible to enforce.

I say nearly, because there are always exceptions or unique circumstances that may happen, albeit rarely. Prima facie and all that.

 

[slimmer13]

Their law may have been written differently, and this may just be urban legend. A state does not have the legal authority to "patrol" in another state. This gets into a level of complexity too big for this forum. If a person finds themselves in something like this, say nothing, do not consent to a search, and consult an attorney in your state. Generally.

I would never advise anyone break the law, but I can advise that outside an admission of guilt, the large cap mag portion of the RCW is nearly impossible to enforce.

I say nearly, because there are always exceptions or unique circumstances that may happen, albeit rarely. Prima facie and all that.

IIRC they were getting plates at the gun show and then pulling them over when they crossed back into NY.

I would imagine ID police keep an eye out for people coming from the weed shops and crossing back into ID.

 

[DirectDrive]

IIRC they were getting plates at the gun show and then pulling them over when they crossed back into NY.

I would imagine ID police keep an eye out for people coming from the weed shops and crossing back into ID.

I believe this happens.
Why wouldn't it ?
Very easy to do.
"Legal" or not.

 

[Xaevian]

I believe this happens.
Why wouldn't it ?
Very easy to do.
"Legal" or not.

It's complicated, that is why I suggested not going down that road, so to speak.

 

[Member 53328]

IIRC they were getting plates at the gun show and then pulling them over when they crossed back into NY.

I would imagine ID police keep an eye out for people coming from the weed shops and crossing back into ID.

First off you have to have PC to initiate a traffic stop. You also have to have a warrant to search a vehicle unless you voluntarily allow them to do so….

PC has to be pretty concrete to get a judge to sign off on the warrant. It can't be suspicious or a "hunch."

Cops do this already. They routinely drive by bars and take note of make, model and plate numbers. They then initiate a stop (example - failure to use a turn signal) with no intention of citing the individual. They are looking to have an interaction to see if there are indicators of DUI.

Just don't leave what you purchase (legal or not) in the open. Even if it's in your vehicle. Plain view doctrine applies.

Edit - Some of y'all give LE and the government way too much credit.

 

[DirectDrive]

It's complicated, that is why I suggested not going down that road, so to speak.

I don't think it's complicated at all.
I think some agencies would do it.

 

[Alexx1401]

It would be legal for me, as a WA resident to go to ID and buy mags for use within the state of ID so long as they stay in ID.

It stands to reason that it would also be legal to take already owned mags to ID and sell them to an ID resident OR a resident of WA (or any state) as long as the transaction takes place in ID.

It's not like a firearm where interstate transactions are regulated federally.

This latest law is full of holes. I have a pile of mags that I can no longer buy here. I personally would have no qualms selling some to others in a state they are allowed in. I would NOT sell one here in this state. Chances are slim anything would happen just not going to be some test case. If I sold a few to out of state I "suspect" the AG has a little too much on his plate to be trying to watch for the mags leaving the state. Have kids in ID so I could also drive up to visit and come home with more if I needed them. If anyone gets into a "bind" with this law it will most likely be their own mouth that gets them in trouble. As in telling people they are doing this. For those who have a mags now, and want to sell to another WA resident? Safe thing to do is simply sell the gun with either no mag, or buy a 10 round mag for the damn gun before you sell it. What I would be worried about is selling the mags and gun, then having the buyer start telling everyone he ran into how he was able to buy the mag. If he tells enough people this to get someone from law enforcement to pay attention you know the first thing he would do is throw you under the bus.

 

[DirectDrive]

First off you have to have PC to initiate a traffic stop. You also have to have a warrant to search a vehicle unless you voluntarily allow them to do so….

PC has to be pretty concrete to get a judge to sign off on the warrant. It can't be suspicious or a "hunch."

Cops do this already. They routinely drive by bars and take note of make, model and plate numbers. They then initiate a stop (example - failure to use a turn signal) with no intention of citing the individual. They are looking to have an interaction to see if there are indicators of DUI.

Just don't leave what you purchase (legal or not) in the open. Even if it's in your vehicle. Plain view doctrine applies.

Edit - Some of y'all give LE and the government way too much credit.

Item #1
You take your service pistol (unloaded to be PC) and break the lens on one of his taillights.
(Bill Jordan trick)
Then as soon as he crosses the border you light him up.
Then you do the usual creative things to get a look in that bag on his front seat.
Maybe you smell marijuana or see something as you pan around with your light.

Too much TV ?
Maybe.
But maybe not.

 

[Alexx1401]

First off you have to have PC to initiate a traffic stop. You also have to have a warrant to search a vehicle unless you voluntarily allow them to do so….

PC has to be pretty concrete to get a judge to sign off on the warrant. It can't be suspicious or a "hunch."

Cops do this already. They routinely drive by bars and take note of make, model and plate numbers. They then initiate a stop (example - failure to use a turn signal) with no intention of citing the individual. They are looking to have an interaction to see if there are indicators of DUI.

Just don't leave what you purchase (legal or not) in the open. Even if it's in your vehicle. Plain view doctrine applies.

Edit - Some of y'all give LE and the government way too much credit.

The VAST majority of the time when someone who is not a criminal gets in trouble over stupid stuff like this its their own mouth that gets them in trouble. If someone drives to another state and buys a few mags, then gets pulled over? Unless the damn things are laying there on the seat, still in wrapper, and or the driver feels he needs to tell them he has them? As yourself when was the last time you were stopped and they started searching your vehicle?
This happens here every year close to 4th. People drive to Res, load a vehicle up with fireworks not legal here. Then get stopped with the damn things laying there in plain sight and cry then they get taken.

 

[Member 53328]

Item #1
You take your service pistol (unloaded to be PC) and break the lens on one of his taillights.
(Bill Jordan trick)
Then as soon as he crosses the border you light him up.
Then you do the usual creative things to get a look in that bag on his front seat.
Maybe you smell marijuana or see something as you pan around with your light.

Too much TV ?
Maybe.
But maybe not.

Everything you said is illegal and could be fought in court. It pays to read case law and understand the boundaries that bind LEO.

Edit- most LEOs could care less about mag bans and won't enforce them.

 

[j61wa]

I didn't see anything in the law that said you couldn't sell magazine parts or repair parts. As I recall, this was the problem with enforcing the Colorado mag ban. In general, gun control advocates know so very little about guns.

As far as I know, the 30-round AR 5.56 mag is the same as a 9-round 450BM or 458 SOCOM mag except for the follower. The follower of a 10-round 5.56 mag looks the same as the follower of a 30-round mag. In the end, they are boxes that hold ammunition. The same size box can hold more small items or fewer large items. My kids figured this out before kindergarten, but here we are.

I like most law-abiding citizens make an honest attempt to follow the law and stay out of trouble. I think for most, this isn't because we are lawyers or necessarily agree with the law, but rather we have something to lose.

Most of the SCOTUS decisions favoring 2nd amendment gun rights have required citizens that haven't broken multiple laws and can plead their case that they were making an honest attempt to follow within the lines of the overly complex or burdensome law.

 

[GDragich]

Wonder if any local FFL's would offer a for fee magazine limiting service so guns that only have a 15+ option could still be bought, mags adjusted and FFL delivers ?
Places like magazineblock.com sell the kits.

Let's face it, the 10rd limit will be here for a while even if 9th circuit overturns CA law. Our local AG and Gov will ignore and wait for the WA case to play out after appeal to State Supreme Court who will probably side with them.

 

[Jay Walk]

I am not an Attorney but still like to give legal advice on the Interwebs.