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Thread: Magazine Restrictions in Philly?
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November 21st, 2011, 07:44 PM #1
Magazine Restrictions in Philly?
I was browsing the gun sale blogs as I do daily and I came upon a 20rd PMAG for sale on Amazon.
My first thought was: Great, Amazon is selling gun stuff now. That will be good. But then I noticed this:
It says:Due to state laws this item cannot be shipped to the following states:CA,DC,MA,NJ,NY,This item CANNOT be shipped to the following locations: AURORA, IL; CINCINNATI , OH; COOK COUNTY, IL; DAYTON , OH; DUBLIN , OH; PHILADELPHIA , PA; S BEND , IN; SHAKER HEIGHTS , OH; SOUTH BEND , IN; TOLEDO , OH;
They are not willing to ship this 20rd mag to Philadelphia. I have not heard any new laws regulating the magazine size in Philly nor have I heard of any changes to the uniform firearms act. I figure this must be a rogue seller ignorant of laws or just using a copy and paste disclaimer from somewhere else.
Anyone experienced this before?God Created Man. Sam Colt made them equal.
FU BHO.
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November 21st, 2011, 07:51 PM #2Banned
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Re: Magazine Restrictions in Philly?
IIRC, the city council passed some (illegal and unenforceable) bullshit "laws" that banned mags with a capacity over 15 (or was it 10?), back in 2008.
I haven't seen many restricting sale of them, though.
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November 21st, 2011, 08:36 PM #3
Re: Magazine Restrictions in Philly?
See this: http://www.philly.com/philly/blogs/c.../48539592.html
I don't recall any passing of mag cap ban, only guns that take mags with more than 10 rounds (some what the same effect). It was promptly struck down by state court. Please contact the seller and tell them to remove that nonsense.
Al"In a controversy, the instant we feel anger we have already ceased striving for the truth and have begun striving for ourselves." - Siddhartha Gautama
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November 21st, 2011, 08:59 PM #4Grand Member
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Re: Magazine Restrictions in Philly?
that,s funny i saw all kinds of high cap mags. and new/used high cap guns for sale at the armory show. and yes that show is inside city limits. seems like bull to me. drop the sellers a line and set them straight.
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November 21st, 2011, 09:03 PM #5
Re: Magazine Restrictions in Philly?
The Philadelphia Code
§ 10-821b. Contraband Weapons, Accessories and Ammunition
(h) "Large Capacity Magazine." Any box, drum or other container which holds more than sixteen (16) rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic weapon, or a magazine which can be readily converted into such a device.
(3) Prohibited Conduct. No person shall own, use, possess or transfer any contraband weapon, accessory or ammunition;
IANAL
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November 21st, 2011, 10:06 PM #6
Re: Magazine Restrictions in Philly?
Yeah, I guess it was bunched up together with the other stuff under the "assault weapon ban". That whole mess (below) was struck down per the article I posted originally.
http://www.phila.gov/philacode/html/...pons_acce.html
Al"In a controversy, the instant we feel anger we have already ceased striving for the truth and have begun striving for ourselves." - Siddhartha Gautama
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November 21st, 2011, 11:28 PM #7
Re: Magazine Restrictions in Philly?
The permanent injunction against enforcing 10-821 in NRA v. City of Philadelphia, 977 A. 2d 78 - Pa: Commonwealth Court 2009 used 6120 pre-emption as the basis. It is interesting to note that the issue whether 6120 extends beyond firearms and ammunition to accessories (magazines) was never raised.
I can't find the original injunctive ruling that was made permanent but it would appear that it was probably all encompassing with respect to the totality of bill 080033 and the magazine ban was not severed.
With respect to the OP, its quite possible that the vendor has become aware of the Philadelphia Code 10-821, which remains on the books albeit being rendered impotent (unenforceable), and hence the restrictive shipping policy.IANAL
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November 22nd, 2011, 12:13 AM #8Senior Member
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Re: Magazine Restrictions in Philly?
Funny enough a 30 round mag they have lacks the comments and I even set up a dummy order that would have delivered it to my work in NYC lol. Since it was prime and Amazon handles the shipping, since the items are already at their warehouse, they could have had serious legal issues to deal with. I of course would hate that as I love Amazon a ton as a great retailer with wonderful CS.
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