December 11, 1995

Bureau of Alcohol, Tobacco and FIrearms
Technology Branch
Washington DC 20226

To whom it may concern:

I am requesting advice on how 18 U.S.C. section 922(w) affects the modification
of a magazine.  I am contemplating taking two 30 round magazines for the M3
"Grease gun" machine gun, cutting the bottom off of one, and the top off the
other, and attaching them together to create one M3 magazine that holds 50 or 
more rounds.  Both magazines to be used are ones made before September 13, 1994,
and are thus not "large capacity ammunition feeding devices" as defined at 18
U.S.C. section 921(a)(31).  What I am wondering is if the resulting single 
magazine would be considered as having been "manufactured" after September 13,
1994, and thus a large capacity ammunition feeding device, with the limitations
on its lawful ownership placed by 18 U.S.C. Section 922(w).

Your advice as to the legal status of a magazine holding 10+ rounds, made
out of two magazines that held 10+ rounds, and were made before September 13,
1994, is appreciated.

Sincerely,



                    Jan 19 1996         E:CE:F:TE:RLB
                                        3311

NAME
ADDRESS


DEAR:

This refers to your letter of December 11, 1995, to the Bureau of
Alcohol, Tobacco and Firearms (ATF).  In your letter you inquire
as to the legality of constructing a 50-round large capacity
ammunition feeding device from two (2) 30-round  large capacity
ammunition feeding devices. You state in your letter that the two
(2) 30-round  large capacity ammunition feeding devices were actually
manufactured prior to September 13, 1994.

Title 18 U.S.C. (United States Code), Chapter 44, section 922(w)
provides that it shall be unlawful for a person to transfer or possess
a large capacity ammunition feeding device except those which were
lawfully possessed on or before September 13, 1994.

As defined in 18 U.S.C., Chapter 44, section 921(a)(31)(A), the term "large
capacity ammunition feeding device" means a magazine, belt, drum, feed strip
or similar device manufactured after September 13, 1994, which has a capacity
of, or can be readily converted to accept, more than ten (10) rounds of
ammunition.

The modification of a large capacity ammunition feeding device, as outlined
in your letter, which was actually made on or before the effective date of
the act, would not be a violation of section 922(w).

Please be aware that this determination is based on the information which
you have provided and covers only those large capacity ammunition feeding
devices which are constructed as detailed in your letter.  If it is
subsequently concluded this information is inaccurate or false, than [sic]
this determination would be subject to review by this office.

We trust the foregoing has been responsive to your inquiry.  If you have
further questions concerning this matter, please contact us.

                    Sincerely yours,

                    [signed]
                    Edward M. Owen, Jr.
               Chief, Firearms Technology Branch