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smt77
10-16-2009, 2:00 PM
I'm sorry if this question has been asked before.

Are recently RETIRED police officers exempt from the high cap magazine ban? If not, does anybody know the PC section dealing with this? Thanks

mej16489
10-16-2009, 3:10 PM
Posession is not illegal.
On the surface it doesn't look like a RETIRED officer is explicitly exempt.

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:
(1)...
(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....
(b) Subdivision (a) does not apply to any of the following:
[list of 32 exemptions]
(19) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine to or by any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency employees
in the discharge of their official duties whether on or off duty, and
where the use is authorized by the agency and is within the course
and scope of their duties.
(20) The sale to, lending to, transfer to, purchase by, receipt
of, or importation into this state of, a large-capacity magazine by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
(21) The sale or purchase of any large-capacity magazine to or by
a person licensed pursuant to Section 12071.
(22) The loan of a lawfully possessed large-capacity magazine
between two individuals if all of the following conditions are met:
(A) The person being loaned the large-capacity magazine is not
prohibited by Section 12021, 12021.1, or 12101 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
possessing firearms or ammunition.
(B) The loan of the large-capacity magazine occurs at a place or
location where the possession of the large-capacity magazine is not
otherwise prohibited and the person who lends the large-capacity
magazine remains in the accessible vicinity of the person to whom the
large-capacity magazine is loaned.
(23) The importation of a large-capacity magazine by a person who
lawfully possessed the large-capacity magazine in the state prior to
January 1, 2000, lawfully took it out of the state, and is returning
to the state with the large-capacity magazine previously lawfully
possessed in the state.
(24) The lending or giving of any large-capacity magazine to a
person licensed pursuant to Section 12071, or to a gunsmith, for the
purposes of maintenance, repair, or modification of that
large-capacity magazine.
(25) The return to its owner of any large-capacity magazine by a
person specified in paragraph (24).
(26) The importation into this state of, or sale of, any
large-capacity magazine by a person who has been issued a permit to
engage in those activities pursuant to Section 12079, when those
activities are in accordance with the terms and conditions of that
permit.
(27) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine, to or by
entities that operate armored vehicle businesses pursuant to the laws
of this state.
(28) The lending of large-capacity magazines by the entities
specified in paragraph (27) to their authorized employees, while in
the course and scope of their employment for purposes that pertain to
the entity's armored vehicle business.
(29) The return of those large-capacity magazines to those
entities specified in paragraph (27) by those employees specified in
paragraph (28).
(30) (A) The manufacture of a large-capacity magazine for any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency employees
in the discharge of their official duties whether on or off duty, and
where the use is authorized by the agency and is within the course
and scope of their duties.
(B) The manufacture of a large-capacity magazine for use by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
(C) The manufacture of a large-capacity magazine for export or for
sale to government agencies or the military pursuant to applicable
federal regulations.
(31) The loan of a large-capacity magazine for use solely as a
prop for a motion picture, television, or video production.
(32) The purchase of a large-capacity magazine by the holder of a
special weapons permit issued pursuant to Section 12095, 12230,
12250, 12286, or 12305, for any of the following purposes:
(A) For use solely as a prop for a motion picture, television, or
video production.
(B) For export pursuant to federal regulations.
(C) For resale to law enforcement agencies, government agencies,
or the military, pursuant to applicable federal regulations.

Fire in the Hole
10-16-2009, 3:29 PM
I'm in the same boat. I'm retired LE. I can not legally purchase large capacity magazines in CA. However when I was active duty LE, I bought very many large capacity magazines for guns I owned, and for guns that I did not own yet, but were on my wish list. Some still are. I actively went on large capacity magazine buying sprees for the four years prior to my retirement for this reason.

Now the good news. There is no law that requires a retired LEO to sell, destroy, or surrender large capacity magazines that he/she purchased while he/she was an active duty LEO.

FLIGHT762
10-16-2009, 3:50 PM
I'm in the same boat. I'm retired LE. I can not legally purchase large capacity magazines in CA. However when I was active duty LE, I bought very many large capacity magazines for guns I owned, and for guns that I did not own yet, but were on my wish list. Some still are. I actively went on large capacity magazine buying sprees for the four years prior to my retirement for this reason.

Now the good news. There is no law that requires a retired LEO to sell, destroy, or surrender large capacity magazines that he/she purchased while he/she was an active duty LEO.

I also purchased H/C magazines prior to retiring. I can keep the magazines I purchased, but being retired now, I can't purchase anything over 10 rds.

ke6guj
10-16-2009, 5:21 PM
buy all the large-capacity magazines and off-roster handguns you can before you retire. When you retire, you lose both of those exemptions.

Fire in the Hole
10-16-2009, 5:57 PM
buy all the large-capacity magazines and off-roster handguns you can before you retire. When you retire, you lose both of those exemptions.

Yeah, I did that. Spent about 4 grand in new guns and Hip-Cap Mags. Was my wife ever Pisd, that I couldn't take her to HI for our 25th. "But honey, look at all the cool guns I got instead." Didn't really seem to salve her wounds.

retired
10-16-2009, 10:59 PM
I was one of the dumb ones who didn't purchase a lot of high cap mags before I retired and for which I am forever kicking myself.:(

Ron-Solo
10-17-2009, 10:08 AM
Just shows how stupid the law really is.........:rolleyes:

for2nato
10-18-2009, 2:57 PM
I was one of the dumb ones who didn't purchase a lot of high cap mags before I retired and for which I am forever kicking myself.:(

i you own some already you can always rebuild what you have. not all ffl will order you parts. but some will.

forgot to add. the law is so rediculously written that not even active duty military can purchase hi caps here

jamesob
10-18-2009, 3:23 PM
i quit 2 1/2 years ago and i purchased a ton of mags and even a bunch for guns i don't even own yet.

ship12
10-18-2009, 5:20 PM
i you own some already you can always rebuild what you have. not all ffl will order you parts. but some will.

forgot to add. the law is so rediculously written that not even active duty military can purchase hi caps here

My brother purchased a few while stationed at Ft. Bragg in NC a while back. Brought hi cap magazines and his hand guns into CA when he was discharged, and didn't have any issues with bringing the hicap magazines into the state. Active Duty military stationed out of state shouldn't have any issue getting HC magazines there and bringing them back, but thats just based on his experience.

Ron-Solo
10-18-2009, 8:13 PM
My brother purchased a few while stationed at Ft. Bragg in NC a while back. Brought hi cap magazines and his hand guns into CA when he was discharged, and didn't have any issues with bringing the hicap magazines into the state. Active Duty military stationed out of state shouldn't have any issue getting HC magazines there and bringing them back, but thats just based on his experience.

What you have just described is a violation of the law and can be charged as a felony. Only peace officers can bring them into the state. It is considered importing.

retired
10-18-2009, 10:44 PM
i you own some already you can always rebuild what you have. not all ffl will order you parts. but some will.

forgot to add. the law is so rediculously written that not even active duty military can purchase hi caps here

Yeah, I knew that, but thanks for the info as I appreciate it.:)

BigDogatPlay
10-18-2009, 10:54 PM
Active Duty military stationed out of state shouldn't have any issue getting HC magazines there and bringing them back, but thats just based on his experience.

Fortunately for him a key part of his experience was "not getting caught importing". :)

While common sense says it should not be an issue for active duty military, or anyone else not prohibited for that matter, California law is sometimes a little short on common sense.

Particularly when it comes to firearms and related stuff.