POSSESSION OF HIGH CAP MAGS NOT ILLEGAL IN CA!!! referrence included
Firearm & Gun Forum - FireArmsTalk.com > General Discussion Forums > The Club House > POSSESSION OF HIGH CAP MAGS NOT ILLEGAL IN CA!!! referrence included

Reply
 
LinkBack Thread Tools Display Modes
Old 02-20-2010, 07:45 AM   #1
Feedback Score: 0 reviews
 
TheDaggle's Avatar
 
Join Date: Feb 2010
Location: Solvang
Posts: 982
Liked 39 Times on 25 Posts
Likes Given: 20

Default POSSESSION OF HIGH CAP MAGS NOT ILLEGAL IN CA!!! referrence included

Fellow Kommifornians, this blew my damn mind. The high cap law has a few loopholes, as many of us know, but this is a huge one. I just learned that while possession for the purpose of sale, import, and manufacture of high capacity magazines is banned, simple POSSESSION is perfectly legal. Now, of course, the ban on sales applies to FFLs and private citizens, and the ban on import and manufacture of hi-cap mags prevents us from getting them out of state or making them, but if you FIND a high cap magazine, there is absolutely no law against keeping and using it. Of course the odds of this happening are.... well, absurd, but there you have it. The way I interpret this ( INTERPRET is key here, I am not a lawyer, this is not legal advice!) if one were, for instance, to be the beneficiary of an estate that included hi-cap mags, they would then be perfectly legal. For what its worth!

CA Penal code
12020 thru 12040 Unlawful Carrying and Possession - Dangerous Weapons Control Laws - Dangerous Weapons Control Laws - Bureau of Firearms - California Dept. of Justice - Office of the Attorney General

__________________

"Always carry a small flagon of whiskey in case of snakebite. Furthermore, always carry a small snake." W.C. Fields

TheDaggle is offline  
 
Reply With Quote

Join FirearmsTalk.com Today - It's Free!

Are you a firearms enthusiast? Then we hope you will join the community. You will gain access to post, create threads, private message, upload images, join groups and more.

Firearms Talk is owned and operated by fellow firearms enthusiasts. We strive to offer a non-commercial community to learn and share information.

Join FirearmsTalk.com Today! - Click Here


Old 02-20-2010, 01:41 PM   #2
Feedback Score: 0 reviews
 
Jpyle's Avatar
 
Join Date: Aug 2009
Location: Sewell,NJ
Posts: 4,815
Liked 762 Times on 441 Posts
Likes Given: 457

Default

I'm no lawyer either and FTF disclaims any leagl advice given here but I believe that you are correct. Unlike NJ where there was no grandfathering for "existing" high cap mags CA permits the continued possession of any magazine that existed "in state" at the time of the ban.

__________________

"The whole of the Bill (of Rights) is a declaration of the right of the people at large or considered as individuals.... It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of." (Albert Gallatin of the New York Historical Society, October 7, 1789)

"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government." - George Washington

Jpyle is offline  
 
Reply With Quote
Old 02-20-2010, 01:53 PM   #3
Feedback Score: 0 reviews
 
TheDaggle's Avatar
 
Join Date: Feb 2010
Location: Solvang
Posts: 982
Liked 39 Times on 25 Posts
Likes Given: 20

Default

What really surprised me was not the "grandfathering" of pre ban mags, but the legality of any hi cap mag that enters the state by any number of legal means. *yes, I am thinking tricky loopholes*

__________________

"Always carry a small flagon of whiskey in case of snakebite. Furthermore, always carry a small snake." W.C. Fields

TheDaggle is offline  
 
Reply With Quote
Old 02-20-2010, 04:45 PM   #4
Feedback Score: 0 reviews
 
DarinCraft's Avatar
 
Join Date: Jan 2010
Location: CA
Posts: 1,170
Liked 23 Times on 11 Posts
Likes Given: 6

Default

If you own them before the ban they are not illegal. You just can't buy them now unless you're LE or have a hi cap permit.

Quote:
if one were, for instance, to be the beneficiary of an estate that included hi-cap mags, they would then be perfectly legal. For what its worth!
As far as your reference to getting them through an inheritance or some other way is not correct. Possession is not illegal, but lending, giving or selling them is illegal as well as obtaining them after the ban. In otherwords, if you already own them your okay but you cannot obtain them any other way even if it's a family member who gave them to you. If you are *thinking* loopholes, it's probably not the best idea to post it on the internet. A 12020 arrest is a felony and in CA if you are convicted of a felony you lose your right to own firearms for the rest of your life. Is it really worth it so your gun can go bang a couple more times?

just my .02
__________________
Quote:
"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks."
Thomas Jefferson
From the great speaker...er uh Barak Obongo

"Liberals make great proctologists. They're the only ones who truly know what the inside of an anus looks like."~me

Last edited by DarinCraft; 02-20-2010 at 04:59 PM.
DarinCraft is offline  
 
Reply With Quote
Old 02-20-2010, 06:38 PM   #5
Feedback Score: 0 reviews
 
Join Date: Nov 2008
Location: everywhere
Posts: 9,639
Liked 9 Times on 9 Posts

Default

Are the existing, grandfathered ones registered?

In other words, if you possessed one befored the ban, is there a paper trail on it?

__________________
Benning Boy is offline  
 
Reply With Quote
Old 02-20-2010, 07:11 PM   #6
Feedback Score: 0 reviews
 
mrm14's Avatar
 
Join Date: Jan 2009
Location: Sacramento, California
Posts: 2,374
Liked 303 Times on 202 Posts
Likes Given: 26

Default

Quote:
Originally Posted by Benning Boy View Post
Are the existing, grandfathered ones registered?

In other words, if you possessed one befored the ban, is there a paper trail on it?
As far as I know, and I researched this in the 1990's when the ban occured here, there was and is no registeration required for pre ban "grandfathered in" magazines.

I believe this is due to the fact that I've, at least, never seen a serial number stamped on detachable magazines.
__________________
mrm14 is offline  
 
Reply With Quote
Old 02-20-2010, 07:22 PM   #7
Feedback Score: 0 reviews
 
Join Date: Mar 2009
Posts: 227
Likes Given: 2

Default

but once they start investigating you and find you havent lived there that long or owned a waepon that long, well they obviously werent grandfathered so you are toast.

__________________
bigbad-ratman is offline  
 
Reply With Quote
Old 02-20-2010, 07:34 PM   #8
Feedback Score: 0 reviews
 
Join Date: Feb 2010
Posts: 2
Default

It's one of the most messed up laws I've ever seen. Can't sell them or import or manufacture, but buying is legal and owning and use are legal, no matter how they were acquired.

If you're the proprietor of an armored car company, you can buy and sell and import all the high cap mags you like. I've often wondered why someone hasn't started up an armored car company and dispatched a fleet of armored vehicles filled to the gills with large cap mags like ice cream trucks into CA. I'd do it but I'm busy running a business making CA-legal pistol grip replacements. Turns out if you have a rifle with none of the evil features on it, you can shoot high caps all day long and drop them with your finger.
__________________
lowracer is offline  
 
Reply With Quote
Old 02-20-2010, 07:38 PM   #9
Feedback Score: 0 reviews
 
mrm14's Avatar
 
Join Date: Jan 2009
Location: Sacramento, California
Posts: 2,374
Liked 303 Times on 202 Posts
Likes Given: 26

Default

Quote:
Originally Posted by bigbad-ratman View Post
but once they start investigating you and find you havent lived there that long or owned a waepon that long, well they obviously werent grandfathered so you are toast.
I believe this would be true. Luckly, when it comes to pre ban "grandfathered in" magazine laws, I have lived in and kept my prime residence in California all 54 years of my life. I'm more than fairly confident that anyone who moved here, post ban, would be in violation of the Cali. laws if they brought in post ban magazines.
__________________
mrm14 is offline  
 
Reply With Quote
Old 02-20-2010, 07:50 PM   #10
Feedback Score: 0 reviews
 
TheDaggle's Avatar
 
Join Date: Feb 2010
Location: Solvang
Posts: 982
Liked 39 Times on 25 Posts
Likes Given: 20

Default Let me clarify

A lot of people seem to be missing my point. Of course, mags owned pre-ban are exempt, but my point is that possession of any kind is not prohibited. The law does not state that possession before the ban is exempt, it is exempt by way of omission, as are any other form of possession that did not originate from manufacture or import. Even if you did not own them before the ban, if you acquired them through means other than those expressly prohibited, you should be covered under the same principle of omission. If, for instance, you are an LEO and you retire or quit, you acquired them legally after the ban, and possession is not prohibited, so though you are no longer an LEO, there is no law against you keeping your hi-cap mags. Yes, violating the ban IS a serious felony, but the law DOES NOT prohibit possession or receipt of any kind! Only manufacture, import, and distribution. If you acquire them through a means not expressly prohibited, and you do not attempt to sell them or give them away, there shouldn't be any problem.

__________________

"Always carry a small flagon of whiskey in case of snakebite. Furthermore, always carry a small snake." W.C. Fields

TheDaggle is offline  
 
Reply With Quote
Reply


Tags
california, hi-cap, high cap, high capacity, kommifornia
Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
Holder calls off the plan to ban high-cap mags! janikphoto The Club House 2 04-01-2009 09:52 PM
What Are High Cap AK mags going for.... AR Hammer AK & SKS Discussion 14 01-06-2009 09:01 PM
WTS: 45 acp brass 1000, shipping included frank_1947 Sponsor Display 0 10-18-2008 11:17 PM
possession purecty Legal and Activism 2 05-13-2007 10:50 PM



Newest Threads