Beretta 96D: Bargain & Mag Question

[sigmund]

I tried to post this on the Beretta Forum, but they are having trouble again. I apologize for any duplication.

I bought a Beretta Brigadier 96D with night sights, NIB, at a gun show Friday for $440 plus tax. The dealer told me that it was a Beretta overrun for an INS contract. The box was marked INS, and included a manual addendum printed for the INS. The dealer said that the wholesaler he bought it from had about 100 of them, so I'm guessing that there are more out there if you or your dealer look for them. I think it's a pretty good deal.

The question: The 96D came with the usual 2 10-round mags. My 92FS hi-cap mags appear to be identical in size to the 96 mags. In playing with them, the 92FS mags seem to fit perfectly in the 96D, they lock the slide back just fine, and they seem to hold and feed the .40 S&W cartridge just fine (I have only tried it with snap caps so far). And the big bonus is that a 92FS hi-cap will hold 12 rounds of .40 S&W. Has anyone tried this? Any problems? Does it work OK? Thanks in advance for your help!

 

[BigMike]

Don't do it, stick with your 10 rounders. Your question has been asked before and the answer is NO, that you shouldn't do it. I would still work, but there is the legality of using a 9mm mag in a .40 gun. It's dumb, I know, but that's the situation as it has been explained to me. That's why I'll stick with my 9mm.

Mike

 

[wolf 1415]

Wait a second..are you saying its illegal to use a legal pre-ban mag for a 92 in a 96? Or just unwise for function reasons? I'm not challenging you or your info, I'm just looking for a clarification.

 

[One]

Sigmund

I don't see the prob if you are referring to pre-ban mags. The only legal prob I can see is if the gun would catastropically self-destruct, which I highly dout. In the case of a breakage caused by this, it would be on you. But if you are loading 12rds of .40 Auto in 15rd 9mm mag, I cannot see the rub. It's not like you are altering any mags to change the capacity.

Be Safe
Mike

 

[norielX]

Can't you alter the mag as long as you can still use it in the original gun? I thought if it was no longer usable by the original gun it was illegal?

 

[JNewell]

Apart from the possible legal issues, I wouldn't do it -- two reasons.

First, I have both 92s and 96s in the house, and although the 92 mag will fit into the 96 mag well, the 96 mag will _not_ fit into the 92 mag well. So, they aren't identical, and there's going to be at least some movement which, even if it doesn't affect reliability, has got to result in wear on the mag, particularly the critical-dimension cuts for the mag catch/release and the feed area. Which brings me to...

Second, although you can get 40s to feed in a 9x19 mag, you _are_ going to wear the feed area and at some point the whole thing is going to wind up out of spec for any purpose. You can get tools to gage and re-bend the feed lips, but at some point the mag is just going to be worn out -- a lot sooner than if it had been used as intended.

If you bend the lips to feed 40 reliably, and someone can prove it, you will have "manufactured" a new, and illegal, post-ban hi cap.

Y'know, the 96 hi-caps only hold 11. On principal, I hate to cave in on mags, but in the case of the Beretta 96s there isn't a whole lot of gain for all the issues involved...my $.02, anyway. YMMV.

 

[sigmund]

The law about mag capacity and the pre-ban/post-ban distinction applies only to magazines, and is independent of any gun the mag may be used in. If you own a legal pre-ban, hi-cap mag, you can legally use it in any gun. There is no such thing as a pre-ban or post-ban gun.

A civilian may not own a magazine manufactured after 1994 that is capable of holding more than 10 rounds, and cannot modify or alter a magazine manufactured after 1994 to make it hold more than 10 rounds.

I am not a lawyer, but I know that I can legally own a pre-ban, hi-cap 9mm mag. My only question was whether anyone has tried this, and whether they experienced any functional problems.

By the way, a Beretta 96 post-ban mag, designed to hold 10 rounds of .40 S&W, will hold 13-14 rounds of 9mm and appears to function properly in a 92FS. The lips on the 96 mag are a little wide for the 9mm round, which could cause feed problems. Of course, bending the lips in a little to make a dedicated 9mm hi-cap mag would probably be illegal, and I would never consider such a thing. Honest!