Author Topic: State magazine limits  (Read 2289 times)

oldjarhead

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State magazine limits
« on: August 05, 2014, 11:14:17 AM »
I conceal carry as a retired Peace Officer under the Federal Law Enforcement Officers Safety Act. I can carry in all fifty states. My question is this, Under LEOSA, am I bound to obey each state's magazine capacity restrictions?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: State magazine limits
« Reply #1 on: August 08, 2014, 09:42:41 AM »
oldjarhead,

The Federal Retired Law Enforcement Officers Safety Act, legally known as 18 U.S.C. §926C, states that a qualified and licensed retired police officer can carry a firearm, “notwithstanding any other provision of the law of any State or any political subdivision thereof.”  The only state laws that appear to be exempted from this federal protection are state laws that allow private property owners to restrict concealed carry, state firearms restrictions on government property, and laws prohibiting the carrying of machine guns, silencers, destructive devises, and illegal ammo.  

Although, I am unaware of any cases where a state magazine restriction crime has been prosecuted against a qualified current or retired police officer, it does appear that 18 U.S.C. §926C would provide a viable defense to such a charge.  It apparent that Congress did intend to address the issue of state laws regulating “what you carry” in addition to “where you can carry”, by exempting machine guns, silencers and destructive devises from the definition of “firearm” for purposes of the statute.  If Congress intended for magazine capacity laws to be exempted federal protection as well, they would have included it in the list of “non-firearms” which would not be covered.

Thank you for the great question.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »