The topic of ten-round magazines is pervasive in today’s legal debate surrounding certain firearms. While my research focuses on the past, particularly on the evolution of weapons technology, this work has been used to serve as a foundation to inform firearms debates in and out of the courtroom.
Historically, the capacity of repeaters and magazine-fed repeaters often was not relegated to a fixed number, rather that number constantly changed depending on design. Some of the earliest designs seemingly appear to have capacities chosen at random as the numbers do not follow a set standard, and in many cases, the exact number was not of prime importance to the fundamental concept. For example, a magazine firearm patent from 1849, a document requiring precision in language, lists the capacity as “say, twelve more or less.” (Photo 1) Even more standardized models see diversity within magazine capacity. The determining factors for these variances appear to have more to do with limitations resulting from barrel length, magazine type, caliber, weight, and a range of functional factors rather than a perceived desire to limit capacity because of potential criminal use.
Note: As will be shown in this series of Forum posts, repeating technology exists in many forms that are often being developed concurrently.
1847-1911 – The Path to Mass-Produced Magazine-Fed Repeaters
The previous forums discussed the numerous types of repeaters that were being created and experimented with in the nineteenth century. Some designs were simply patent work arounds for Colt and others. However, in 1857, Colt’s patent on the revolver expired, opening a completely new market for repeating firearms development. More standard repeaters emerged such as the Spencer seven-shot repeater, which utilized a detachable magazine, as well as new revolver designs. Several factors ultimately contributed to the creation of a more stable, effective, and efficient repeater. They were improvements on breechloading firearms, magazines, and self-contained cartridges all in one firearm. The combined use of these inventions is what solved design flaws that plagued repeaters for centuries.
For example, Smith & Wesson is often credited with the development of a true self-contained metallic cartridge in America. In the 1850s, after the expiration of Colt’s patent they released a revolver with their patented metallic cartridge, but also an ingenious patent by designer Rollin White, that allowed for the revolver to be loaded from the rear of the cylinder rather than the front, which greatly increased the speed of reloading the firearm (Photo 30). Of note though, their metallic cartridge was an improvement on a design from Walter Hunt in the 1840s. Hunt took out several patents and ultimately developed the first semi-caseless cartridge, known as rocket ball ammunition, as well as an early tubular magazine, lever action, and possibly, the first striker-fire gun in the United States. The combination of the use of a self-contained cartridge with a magazine allowed for future lever actions to be produced in greater number and with more success than in the past.
Hunt’s tubular magazine Patent Number 6663, according to the patent, could hold up to twelve rocket ball cartridges (Photo 31). His design ultimately though was too cumbersome to produce, so it was improved upon multiple times, notably by firearms designer Lewis Jennings. The Jennings rifle, although not a commercial success either, did garner attention in New York City when it was demonstrated by well-known Hungarian revolutionary leader, Lajos Kossuth. Horace Smith ultimately received a patent to redesign the Jennings in August 1851. Even though it was early stages, the firearm again made the news. In the Alexandria Gazette (February 8, 1851), the publication described the new gun before the patent was even received (Photo 32). The next progression in the development of a tubular magazine lever action was in 1854, when Smith and Wesson patented the Volcanic (Photo 33). This design would be modified by Benjamin Tyler Henry into the Henry Model 1860 lever action rifle (Photo 34). The next iteration of lever action was the Winchester Model 1866 (Photo 35). The main innovation with this gun was Nelson King’s Patent in 1866, that allowed the firearm to be loaded from the receiver, a faster and superior design to the Henry in which the user had to essentially load the tubular magazine from the muzzle (Photo 36).
The Winchester Model 1866 lever action rifle was the first firearm sold using the Winchester name. Between 1866 and 1898, approximately 170,101 Model 1866s, in .44 Rimfire, were produced. Of that model alone, around ten variations existed. It was hoped that the Winchester Model 1866 would see successful adoption by the US military, however, it did not. Only a small percentage, roughly 1/3 of total production, were made ultimately for use by foreign militaries. The Winchester factory records before 1900, show that only 3,835 musket configurations of the Model 1866 were produced, beginning after serial number 124,995. The Winchester Model 1873 boasted a total production of around 720,610 manufactured in at least twelve variations, including almost 20,000 in .22 caliber rimfire – a caliber used for target shooting and varmint hunting. Model 1873 rifles were chambered in .32-20, .38-40, .44-40, and .22 caliber. The Model 1876 had a manufacturing run of 63,871 firearms with around fifteen variations. This Model was a larger version of the Model 1873 and chambered in heavier calibers (.40-60, .45-60, .45-75, .50-95), which made the firearm more desirable for hunters, including President Theodore Roosevelt. Between the start of the company until 1898, Winchester released fourteen repeating models. Those models would eventually be produced in over one hundred variations, chambered for around thirty different cartridges. Winchester may be most recognized for their lever action, they also made other repeaters, such as double barrel shotguns, straight pull and standard bolt action rifles, slide action rifles and shotguns, semi-automatic rifles and shotguns, and even machine guns. There is also variation within magazine capacity in all Winchester models and even model variations. This is due to several factors including size of the gun, barrel length, half or full magazine, and caliber. Winchester continued mass producing repeating firearms throughout the rest of the nineteenth century and beyond.
Winchester wasn’t the only manufacturer of lever action firearms and repeaters in the mid to late nineteenth century. Other companies were producing competitive repeaters, such as the Evans Repeating Rifle, which was made between 1873 and 1879. Approximately, 12,200 were made and they came in three variations, Sporting (approximately 4,350 made), Military (approximately 3,200), and Carbine (not specified as either sporting or military, approximately 4,700 made). The Evans held magazine capacities at twenty-eight, thirty-four, and thirty-eight rounds (Photo 37). The Evans as well as other companies such as the Spencer Repeating Rifle, Fogerty Repeating Rifle, Adirondack Firearms, Bullard Repeating Arms, Burgess Gun, and the Whitney Arms Companies were making lever actions. However, they are lesser known, partially because Winchester realized the value in their designs and the threat of them as a competitor, so they acquired the companies. Other major manufacturers, such as Marlin and Savage, quickly popped up as a direct competitor to the Winchester lever action. Savage’s lever action used a rotary magazine (Photo 38). Additionally, by the end of the nineteenth century, major manufacturers were making fixed and detachable magazines in quantities greater than ten that were not only lever actions rifles. In fact, between 1887 and 1904, Colt manufactured an estimated 186,185 Colt Lightning slide action rifles, in small, medium, and large frames (Photo 39). While they came in several calibers, they also had fixed tubular magazines greater than ten rounds.
The experimentations in design ultimately led to improvements on repeating technology, culminating in the design of automatic and semi-automatic technology. Automatic technology operation involves pressing a trigger to fire continuously until the user releases the trigger, the firearm runs out of ammunition, or the firearm malfunctions. Semi-automatic operation involves pressing a trigger to fire one round, eject a spent case, and load another to be fired on the next trigger pull. Today, most firearms are semi-automatic rifles, pistols, or shotguns. Semi-automatic technology was developed in the 1880s around the same time as automatic technology. Mannlicher is generally attributed to creating the first semi-automatic rifle, although his initial design was far from successful; handguns followed shortly after. The first mass produced semi-automatic pistol was the Hugo Borchardt designed C-93 with detachable eight-round magazine (Photo 40). The Mauser C-96 (Photo 41) followed, as did John Moses Browning’s Model 1899/1900 pistol, which by 1905 would serve as the basis of the iconic Colt Model 1911 semi-automatic pistol (Photo 42).
These forum posts have looked at the long history of firearms around the world. They have identified major developments in firearm technology and shown that some of the most significant changes in design occurred in the first few centuries of firearms history, laying the foundation for most if not all modern firearms technology.
Photo 1: Hunt’s Patent Number 6663
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Photo 30: Smith & Wesson Revolver
Collector’s Firearms
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Photo 31: Hunt Volitional Tubular Magazine Rifle
From the Cody Firearms Museum Collection, Bufalo Bill Center of the West
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Photo 32: Smith-Jennings Rifle
Morphy Auctions
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Photo 33: Volcanic Pistol and Rifle
Winchester Arms Collector’s Association
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Photo 34: Henry Rifle
Google Image Search
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Photo 35: Winchester Model 1866 Rifle
Google Image Search
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Photo 36: Nelson King’s Loading Gate Patent
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Photo 37: Evans Repeating Rifle
Google Image Search
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Photo 38: Savage Model 1899 with Rotary Magazine
Armlist.com
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Photo 39: Colt Lightning Replica
Uberti
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Photo 40: Borchardt C93 Semi-Automatic Pistol
Christie’s Auction
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Photo 41: Mauser C96 Semi-Automatic Pistol
Collector’s Firearms
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Photo 42: Colt Model 1911 Semi-Automatic Pistol
Google Image Search
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