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ChillyWilly
06-24-2008, 12:41 PM
Is there a Calguns attorney that I can ask a legal question to?

Thanks

Jerry

P.S. I am not in any kind of trouble. I want to ask to avoid the potential for trouble.

Matt C
06-24-2008, 12:43 PM
You want free legal advice?

Hopi
06-24-2008, 12:43 PM
Is there a Calguns attorney that I can ask a legal question to?

Thanks

Jerry

P.S. I am not in any kind of trouble. I want to ask to avoid the potential for trouble.

There are two or three forum sponsors that advertise on the banners. There are also many members that happen to be lawyers, Oaklander might appreciate some new business for his firm....

Kestryll
06-24-2008, 12:47 PM
If it is a generic 'is this legal' type question post it in it's appropriate forum and you will get more answers then you know what to do with!

If it is a more specific or personal issue then you want to contact a lawyer directly. Depending on where you are and what type of law there are several lawyers on the forum.

bswp
06-24-2008, 7:10 PM
There are two or three forum sponsors that advertise on the banners. There are also many members that happen to be lawyers, Oaklander might appreciate some new business for his firm....

This site has banners? Who knew, thank you FireFox... :D

JeffM
06-24-2008, 7:15 PM
This site has banners? Who knew, thank you FireFox... :D

This is one of the few sites where I enjoy seeing banners and supporting the sponsors.

Hopi
06-24-2008, 7:27 PM
This is one of the few sites where I enjoy seeing banners and supporting the sponsors.

He must spend a lot of time down in the vendor section of the forum.....

Dark Water
06-25-2008, 4:29 AM
We will help you with opinions based on a vast forum of knowledge. Go ahead post your problem and see what I mean.

PzKfW
06-25-2008, 5:16 AM
Buy a revo and stay away from magazines. :D

ChillyWilly
06-25-2008, 12:44 PM
I have been getting the "funny feeling" :eek: , no not that one, I mean the one that says the risk is not worth the benifit. Anyways without giving specifics, the question was concerning using a mag from gun "A" in gun "B" which would result in a 14 round cap (without modification) even though the mag is made to hold only 10 (cali legal). The reason is because I can get the "A" mag for $10 vs the "B" mag for $45. That being said not only is the "A" mag lesser quality but I just don't want to risk my 2nd Ammendmant for 4 extra rounds. I'll wait until I move to a free state. Anyways, thanks for the advice fellas+.

ke6guj
06-25-2008, 12:53 PM
sounds like you are talking about buying a magazine that is marked .40S&W and holds 10 rounds and using it in a 9mm. When loaded with 9mm, that 10-round mag can hold more than 10 rounds of 9mm.

AFAIK, that would probably be "creating" a hi-cap mag. Maybe not, but thats too grey for me.

thedrickel
06-25-2008, 1:05 PM
Nobody knows. Write your local DA and see if they respond. They will probably tell you to ask the DOJ.

MudCamper
06-25-2008, 3:11 PM
If you possessed the mags before 2000, you are free to continue to possess and use them.

12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:

(2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.

and this http://www.hoffmang.com/firearms/DOJ-large-cap-magazines-2005-11-10.pdf is a good read also

bwiese
06-25-2008, 3:26 PM
There is no crime in misusing a magazine in a caliber application differing from the one that it was appropriately designed for and holding 10 rounds or less.

Hell, EVERY locap magazine can be misapplied in some other caliber - it's not just the common 9mm-in-a-40S&W mag. [Technical reliability issues are a whole 'nuther arena.]

By "misapplied" I mean using the magazine as-is, with no modifications reducing/removing functionality in its original design caliber.

10rd 458SOCOM magazines are entirely legal to own in CA. The fact they own & function with way over 10rds of 223 is irrelevant. From a practical standpoint, if someone in CA wants a legit 458SOCOM magazine he should acquire one that is specifically marked as such.

The situation is particularly an issue in the shotgun arena because shotgun shell length varies so much - 3-1/4" magnums vs 2-3/4" standard vs. 'stubby' 12ga shells (certain Aguilas, etc). Many shotgun tubes will readily hold over 10rds of the stubby ammo.

Appears most of these aspects have alread been generally addressed/settled/treated favorably (to us) in soon-to-be-published Hunt case.One area to which one should be sensitive, however, is in fixed-magazine non-SB23 configurations. Because of the alternate generic AW definition, I would be very wary of using a misapplied magazine that just happened to hold over 10rds in its non-design caliber, within a fixed-mag build whose smaller operational caliber/round size was different than what the mag was originally designed for.

ChillyWilly
06-25-2008, 7:16 PM
sounds like you are talking about buying a magazine that is marked .40S&W and holds 10 rounds and using it in a 9mm. When loaded with 9mm, that 10-round mag can hold more than 10 rounds of 9mm.

AFAIK, that would probably be "creating" a hi-cap mag. Maybe not, but thats too grey for me.

Yes as you said and too gray for me to, so I have abondoned my quest....damn commifornia!!!!