Penalty for >5 Round Mags???
- Thread starter spellbound
- Start date
notsorichguy
CGN Ultra frequent flyer
- Location
- The city that rhymes with fun
If it a hunting season, you may be in Barney. Check your local hunting regs.
The possession of an over capacity magazine (5 or 10 rnds as the case may be) is chargeable as possession of a prohibited device. It carries a mandatory minimum sentence of 3yrs....
The possession of an over capacity magazine (5 or 10 rnds as the case may be) is chargeable as possession of a prohibited device. It carries a mandatory minimum sentence of 3yrs....
88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
Marginal noteunishment
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
http://laws-lois.justice.gc.ca/eng/acts/C-46/page-44.html#h-40
Unauthorized possession of prohibited weapon or restricted weapon
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.
Marginal note
(3) Every person who commits an offence under subsection (1) or (2)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
http://laws-lois.justice.gc.ca/eng/acts/C-46/page-45.html#docCont
Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.
Marginal note
(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable
(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;
(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and
(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.
http://laws-lois.justice.gc.ca/eng/acts/C-46/page-45.html#docCont
Hope you didn't drive to the place you got caught with the prohib mag
Unauthorized possession in motor vehicle
94. (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless
(a) in the case of a firearm,
(i) the person or any other occupant of the motor vehicle is the holder of
(A) a licence under which the person or other occupant may possess the firearm, and
(B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it,
(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of
(A) a licence under which that other occupant may possess the firearm, and
(B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it, or
(iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament; and
(b) in the case of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,
(i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or
(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was
(A) the holder of an authorization or a licence under which the other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or
(B) a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament.
Marginal note
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
http://laws-lois.justice.gc.ca/eng/acts/C-46/page-48.html#docCont
Shawn
The first part is correct woobie, the magazine is a prohibited item. WRT using it in a rifle, that does not make the rifle prohibited.
My advice to the OP, pin the mag IMMEDIATELY!
Regards
Jay
- Location
- East of Home, West of the Rest
It doesn't make the rifle prohibited. Magazines are regulated seperately from firearm classifications.
The magazine alone is a prohibited device and will get you jail time and a firearms prohibition.
stevey3737
Regular
- Location
- Southern Interior
Using an AIA mag in an M14 falls under the same pretence as using an LAR pistol mag in an AR the magazine is made for a bolt gun and holds ten rounds the fact it fits into an M14 is a fluke no problem there at all unless you modify to fit than your screwed the m14 mags don't fit in the AIA you have to modify the lug on the backside a bit if this was opposite it would be a prohibited device in the M14
The RCMP put out a memo on this lately. They consider the AIA mags 'dual purpose' for the AIA's and the M305/M14. But they have graciously allowed the ten rounders to be perfectly legal because of the ten shots permitted in a Lee Enfield. The twenty round mags that were supposed to be showing up this year are now prohibited. Kind of a funny way to do things.
To the OP, either test out your rivet gun skills or stomp those things flat is the best advice I can give you. And pin it to five, not ten. If they aren't marked at the factory as AIA magazines they're not kosher.
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Agreed on the first part kennymo, but the second part isn't accurate. The two AIA mags I have are not marked in any way. I got them with the AIA Enfield I bought and there are subtle differences between an AIA mag and a genuine M1A or M14 mag. And yes, they work FLAWLESSLY in my M305.
There is a thread here somewhere where the differences are detailed. Anyone know where that is?
Cheers
Jay
nowarningshot
CGN Ultra frequent flyer
AIA mags have no markings on them. They look identical to M1A mags , except there is no square cut out on the front where the op rod fits in a M1A. They are slightly wider than M1A mags and fit/stay in the well under tension...mine does not click. Pretty sure the OP was talking about M1A mags though. Obviously those mags must be pinned too 5, a simple pop rivet will do not a boot heel.
Since there seems to be some contention regarding this issue, I'd say pin it at five and be done with it until the time comes that there is no "grey area" surrounding it's legal status. It ain't worth 3 years in the slammer to hold 5 extra rounds in the mag....
LOL that's funny
ya , OP.....if you live in Canada, M1A , M14, AIA, or M305 twenty round capacity mags are illegal...... ZERO grey area here
if I were you I would immediately do the following
A) edit your post to remove your publicly admitting you have prohibited device(s) in your possession
B) measure, drill and pop rivet the mag body(s) to limit them to the legal FIVE rounds
you also can't "make" an AIA mag from a m1a, m14 or m305 mag by pinning at 10
no grey area, they are prohibited devices.
10 round AIA mags are not and as said by others has been extensively discussed in other threads.
Sluggo_m14
CGN Regular
- Location
- State of Disbelief
So can I modify my M305 mags to fit the AIA, and then pin them to 10?
