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Smetánka Jakub. 2021 ‘Over limit magazine stacks.’ Amendment to the Weapons Act II. Prague: LEX Association. 3 January

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Overlimit stacks

Overlimit magazine means a magazine or cartridge box assembly which is designed for centrefire firearms and which has a capacity of more than 20 rounds for short guns and more than 10 rounds for long guns. For the purpose of distinguishing by capacity, it is not relevant for which weapon the magazine is intended for, but in which weapon it is located; for example, a magazine intended for a pistol with a capacity of 15 rounds is considered over-capacity if it is inserted in a long gun.

First of all, it should be pointed out that the need for a permit applies only to the acquisition and use of over-the-limit magazines, not to their possession. It follows, inter alia, that containers acquired before the Act came into force may continue to be held by their holders without a permit, since the permit requirement applies only to transfers between persons. As long as they have a corresponding gun that they already possessed before the Act came into force, they can use them in that gun - see below.

The law gives two options for authorizing the acquisition of overlimit magazines:
1. the holder of a Category A-I handgun exemption is authorized to acquire over-the-limit magazines, or the Category A-I handgun exemption automatically includes the authorization to acquire over-the-limit magazines. This applies not only to holders who have been explicitly granted an exemption, but also to those who are deemed to hold an exemption under the transitional provisions. However, both apply only to magazines appropriate to the weapon in question, i.e. those that can be used in the weapon in question.
2. the law allows for the issuance of a separate permit for the acquisition of over-the-limit magazines, under the same conditions and in the same manner as for the issuance of a categorical exemption. A-I. This permit is not limited in type and may be used to acquire any type of over-the- limit magazines.

In both cases, the authorisation is permanent, i.e. it is not an authorisation to acquire a specific piece or number of magazines, but a general authorisation to acquire overlimit magazines. Acquired magazines are not subject to reporting (registration). This is a similar concept to that of ammunition, which can also only be acquired by an authorised person, but they do not have to apply for a permit for each individual purchase, nor register the cartridges acquired.

[Translation by GunPolicy.org]

ID: Q14374

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