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View Full Version : Buying Hi-Caps and leaving them out of state


pfl101
02-05-2009, 6:24 PM
My understanding regarding the legalities of high-capacity magazines in CA is that the moment you bring an assembled high-capacity magazine into the state, you've committed a crime.

However, if you were to buy said items and never bring them into the state--and no, I do not mean disassemble them into component parts for repair of pre-existing legal high-capacity magazines--then no crime has been committed.

Unless I'm overlooking something here, it's similar to going to Amsterdam and smoking a bong. The act is not occurring in CA, so you're OK, right?

hoffmang
02-05-2009, 6:26 PM
Buying magazines out of state is perfectly legal. You can leave them in a safe deposit box, storage locker, or second home out of state. You just can't bring them into the state assembled or assemble new magazines. You can go out of state, buy large-capacity magazines, disassemble them and return to use the parts to repair otherwise legally possessed magazines.

-Gene

tombinghamthegreat
02-05-2009, 8:39 PM
Buying magazines out of state is perfectly legal.

I was wondering about that, even though it would be legal, won't most gun stores avoid selling hi capacity mags to CA residents to avoid legal issues?

hoffmang
02-05-2009, 8:41 PM
I was wondering about that, even though it would be legal, won't most gun stores avoid selling hi capacity mags to CA residents to avoid legal issues?

Why would they? You can see such silliness in Nevada but in the rest of the states no one cares because there is no difference between a magazine and a 16oz bottle of Coke.

-Gene

sorensen440
02-05-2009, 8:44 PM
I was wondering about that, even though it would be legal, won't most gun stores avoid selling hi capacity mags to CA residents to avoid legal issues?
Why would they even know your from cali ?

Intimid8tor
02-05-2009, 9:15 PM
Some of the shops in Reno will check ID and not make the sale if you live in California. Most likely if you pay cash it won't be an issue. Cabella's is way overpriced anyway.

DarkHorse
02-05-2009, 9:56 PM
Pay cash at a gun show.
Don't mention you live in CA, or say anything like "This is awesome; I can't get these back home!"

As long as you act like business as usual, most folks shouldn't care. If they do, spend your money elsewhere, as you know you're not breaking the law but you'll have a hard time convincing them.

Librarian
02-05-2009, 10:41 PM
I know I'm going to heck for this one ...

there is no difference between a magazine and a 16oz bottle of Coke.

... except for that Mentos (http://www.youtube.com/watch?v=hKoB0MHVBvM) thing.

Kishfisser
02-06-2009, 6:26 AM
I can say that most states do not think twice about selling magazines. With family in multiple Free states, and a farm in North Carolina, no one thinks twice in person. It is just a sale to another person.

egslaw
02-06-2009, 7:14 AM
The problem in Reno and Stateline is probably much more prevelant because Californians go over there, thinking they are sly and don't know the rules and shoot their mouth off! Then the dealers in NV get nervous. Truth be told, I don't blame them for refusing to sell full cap mags to CA residents. They are going to stick their neck out for us? Doubt it!

In my opinion, it makes more sense to order rebuild kits, with the intent of creating mags with 10 or less capacity, directly to CA (or rebulding previously legally obtained high cap mags). When you go to Nevada and buy 10+ mags, then disassemble them, you have the appearance of impropriety. I know, I know... appearance doesn't matter... tell that to a jury though.

Ordering direct to California shows you know the law and have the requisite intent to comply.

DDT
02-06-2009, 3:30 PM
In my opinion, it makes more sense to order rebuild kits, with the intent of creating mags with 10 or less capacity, directly to CA (or rebulding previously legally obtained high cap mags). When you go to Nevada and buy 10+ mags, then disassemble them, you have the appearance of impropriety. I know, I know... appearance doesn't matter... tell that to a jury though.



To what jury would you ever be in a position to explain it? The magazines can't be brought into CA assembled and CA residents can buy all they want out of state legally so no CA jury will ever see the case. Possession of newly made magazine with >10 rd. capacity is legal in NV so no NV jury will see the case either. So. what jury do you mean?

hoffmang
02-06-2009, 3:56 PM
I know I'm going to heck for this one ...

... except for that Mentos (http://www.youtube.com/watch?v=hKoB0MHVBvM) thing.

:smilielol5:

Too funny!

-Gene