Large Capacity Ammunition Magazines |
|
Background Automatic and semi-automatic firearms often use a detachable magazine or feeding device to store cartridges (commonly referred to as "ammunition"). Inside the magazine, a spring forces cartridges into position to be fed into the chamber by operation of the firearm's action. Although the statutory definitions vary, magazines with a capacity of more than 10 rounds of ammunition are generally considered to be "large capacity" magazines. In some cases, large capacity magazines can hold up to 100 rounds of ammunition. Although detachable large capacity magazines are typically associated with machine guns or semi-automatic assault weapons, such devices are generally available for any semi-automatic firearm that accepts a detachable magazine. Because of their ability to hold so many rounds of ammunition, the use of large capacity magazines allows for a significant increase in the lethality of the firearms using them. In contrast, non-automatic weapons are generally capable of holding far less ammunition. Revolvers typically hold six rounds of ammunition in a rotating cylinder. Shotguns generally hold two rounds, and many non-repeating rifles only hold a single round. Federal Law The 1994 assault weapon ban – Congress banned the manufacture, transfer and possession of semi-automatic assault weapons, and the transfer and possession of "large capacity ammunition feeding devices," as part of the Violent Crime Control and Law Enforcement Act of 1994. 18 U.S.C. § 922(w)(1) (all references to sections of the Violent Crime Control and Law Enforcement Act of 1994, codified at 18 U.S.C. § 921 et seq., are to the sections as they appeared on September 12, 2004). That Act, adopted September 13, 1994, defined the term "large capacity ammunition feeding device" to include:
The 1994 Act did not, however, prohibit the continued transfer or possession of assault weapons or large capacity ammunition magazines manufactured before the law's effective date (including those manufactured in other countries). Manufacturers took advantage of this loophole by boosting production of assault weapons and large capacity magazines in the months leading up to the ban, creating a legal stockpile of these items. In addition, manufacturers successfully circumvented the law by making minor modifications to the weapons they produced. As a result, assault weapons and large capacity magazines continued to be readily available – and legal – nationwide, except where specifically banned by state or local law without these loopholes. For more information on assault weapons, click here. The assault weapon ban, including the ban on large capacity magazines, was enacted with a sunset clause, providing for its expiration ten years later, on September 13, 2004. Although President George W. Bush said that he would sign a law renewing the ban, he did not insist that the Republican-controlled House and Senate take up the measure. The law expired on September 13, 2004. State and local laws banning large capacity ammunition magazines remain in effect even though the federal ban has been allowed to lapse. Importation issues – While the 1994 ban was in effect, all new large capacity magazines were required to have a serial number clearly showing that the device was manufactured or imported after the ban. 18 U.S.C. § 923(i). Large capacity magazines produced abroad did not always comply with this requirement. As a result, law enforcement officials frequently had no way to determine whether foreign-made magazines were manufactured prior to the effective date of the 1994 ban (and thus, whether they could be lawfully sold or possessed). Indeed, the law provided that absent a serial number clearly showing that the device was manufactured or imported after the ban, a large capacity ammunition magazine was presumed to be a pre-ban device and therefore legally possessed. Id. Legislation to address this problem by prohibiting the importation of all large capacity magazines has repeatedly stalled in Congress. With the expiration of the ban, including the requirement that large capacity magazines have serial numbers, the flow of large capacity magazines into the U.S. is expected to increase sharply. State Laws Six states ban large capacity ammunition magazines to one degree or another: California, Hawaii, Maryland, Massachusetts, New Jersey and New York. Hawaii prohibits the manufacture, transfer and possession of large capacity magazines designed for or capable for use with a pistol, regardless of the manufacture or purchase date. As with the now-expired federal ban, Hawaii defines "large capacity" as being more than 10 rounds of ammunition. New Jersey prohibits the manufacture, transportation and transfer of all large capacity magazines capable of holding more than 15 rounds of ammunition. In addition, possession of large capacity magazines is prohibited unless the person has registered an assault firearm and the magazine "is maintained and used in connection with participation in competitive shooting matches sanctioned by the Director of Civilian Marksmanship of the United States Department of the Army." California prohibits the manufacture, importation, and transfer of large capacity magazines capable of holding more than 10 rounds of ammunition. The state does not prohibit the possession of large capacity magazines, however. Similar to the expired federal law, Massachusetts prohibits the transfer or possession of large capacity magazines (including those capable of accepting more than 10 rounds of ammunition) not lawfully possessed on September 13, 1994. In addition, Massachusetts requires those obtaining or possessing a large capacity magazine to be properly licensed. New York has another variation on the federal ban, prohibiting the manufacture, transportation, shipping and possession of large capacity magazines (including those capable of accepting more than 10 rounds of ammunition) manufactured after September 13, 1994. Finally, Maryland prohibits the manufacture and transfer of large capacity magazines capable of holding more than 20 rounds of ammunition. The state does not prohibit the possession of large capacity magazines, however. Local Laws As with state laws banning large capacity magazines, there are a wide range of local ordinances on the subject. At least 11 cities and villages in three states currently ban large capacity magazines to some degree, including:
Additional information about specific local large capacity ammunition magazine laws in Illinois and Ohio can be found by clicking the links provided above. Model Law LCAV has developed a model law to ban assault weapons and large capacity magazines. Click here to view the model. Relevant Studies Because bans on large capacity ammunition magazines are often adopted in concert with bans on assault weapons, many studies on assault weapons mention large capacity magazines as well. The Koper study, noted above, is an example. For a list of additional studies, see the Assault Weapons section. (Last updated: September 14, 2004) www.lcav.org |