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View Full Version : Newbie question. Are 30 round mags legal to own?


1spartan
01-01-2010, 12:42 PM
I just purchased a Saiga and I'm wondering if I can own a 30 round mag. I wouldn't be using it at the range. It would be just for a S.H.T.F scenario. Just wondering about the legalities. Thanks in advance

erblo
01-01-2010, 12:46 PM
Own: yes.

Purchase, import or assemble: no.

upinflames2400
01-01-2010, 12:48 PM
you can own the 30 round mag kits. It isnt illegal until you actually put the mag together and then its fully capable of holding 30 rounds.

1spartan
01-01-2010, 12:48 PM
Thanks. I had noticed that surefire sells 30 round mags for the Saiga. I guess that's just for non-California Saiga owners.

The Director
01-01-2010, 1:41 PM
Doesn't anyone use the search button anymore?

wildhawker
01-01-2010, 1:47 PM
Let's start linking to the CGF Wiki articles (or write one there if it has none on the topic).

bigcalidave
01-01-2010, 1:53 PM
Is this the first one of 2010?? Woohoo!

Edit: nevermind, I just saw an earlier one :( Sorry OP !

POINTMANDDT
01-01-2010, 3:30 PM
So you can legally own any disassembled mag, even if you don't own a gun for that mag???I thought you had to own a pre ban mag before you could get a mag kit for it?

bigcalidave
01-01-2010, 3:52 PM
Parts are ALWAYS legal. So are mags! I've got mags for guns I don't own, so do many people here.

yellowfin
01-01-2010, 4:03 PM
It's legal if it's a 10 round .50 Beowulf mag.

bigcalidave
01-01-2010, 4:16 PM
It's legal if it's a 10 round .50 Beowulf mag.

I would really like to see a manufacturer step up and start marketing brand new complete .50 beo mags, with laser engraved .50 beowulf 10 rounds right on the side. Just to get this stupid law over with. :D

SkatinJJ
01-01-2010, 4:21 PM
They'll claim that there's a liability for the manufacturer if someone uses it as a 30-round hi-cap felonious spray fire baby-killing sub-nuclear destructive some-odd-sh*%... or more idiotic words to that effect.

I would really like to see a manufacturer step up and start marketing brand new complete .50 beo mags, with laser engraved .50 beowulf 10 rounds right on the side. Just to get this stupid law over with. :D

bigcalidave
01-01-2010, 4:24 PM
They'll claim that there's a liability for the manufacturer if someone uses it as a 30-round hi-cap felonious spray fire baby-killing sub-nuclear destructive some-odd-sh*%... or more idiotic words to that effect.

Who is "they" ?? The rest of the country buys 30 round mags, these companies are insured and selling them now. Nothing would change.

troysland
01-01-2010, 4:43 PM
Who is "they" ?? The rest of the country buys 30 round mags, these companies are insured and selling them now. Nothing would change.

Yup, burden of proof is on the State!

bigcalidave
01-01-2010, 5:36 PM
Proof of what?
It's good that you can say burden of proof is on the state. But what would they be trying to prove? Are they going to outlaw all magazine sales because they have no idea if one magazine actually works as a high capacity magazine in another caliber? Are they going to tuck their tails between their legs and wander away? (doubtful)...

pullnshoot25
01-01-2010, 5:56 PM
I just purchased a Saiga and I'm wondering if I can own a 30 round mag. I wouldn't be using it at the range. It would be just for a S.H.T.F scenario. Just wondering about the legalities. Thanks in advance

Allow me to break it down for you.

If you have ASSEMBLED magazines that are OVER 10rds in capacity and they were NOT purchased PRIOR to 2000, then you are BREAKING the law.

If you have MAGAZINE PARTS for magazines OVER 10rds in capacity, you have what is called a MAGAZINE REBUILD KIT and that is wholly LEGAL.

In short, PARTS are OK, ASSEMBLED is NOT OK.

Now, if you had your magazines of greater an 10rds PRIOR to 2000, then you can keep them ASSEMBLED and use them in LEGALLY CONFIGURED firearms.

Several issues at hand....

1) POSSESSION of a magazine of greater than 10rds is NOT a crime. However, IMPORTATION AND/OR ASSEMBLY AND/OR SELLING of such a magazine (without the proper permits/permission) is ILLEGAL.

2) While such importation/assembly/sale is illegal, it is only subject to a 3 yr statute of limitations. (a la bwiese)

3) YOU ARE NOT LEGALLY REQUIRED TO STATE WHEN AND WHERE YOU GOT YOUR MAGAZINES! POSSESSION IS NOT ILLEGAL.

That should just about sum everything up. If any of my fellow and more experienced Calgunners see anything missing, please chime in.

NorCalMama
01-01-2010, 6:07 PM
Own: yes.

Purchase, import or assemble: no.

From what I understand, you can either buy the componants to assemble one or "find" one and legally keep it... correct me if I'm wrong.

bigcalidave
01-01-2010, 6:09 PM
Allow me to break it down for you...



You forgot to add, "in california" to your statements.

You can also have your high capacity magazines disassembled.

We still have the issue that you can possess assembled high capacity magazines that you acquired after 2000. If LEOs come into your house and find high capacity magazines, that is not a crime. If they are investigating you or another company for the crime of importing or manufacturing, then the magazines would be evidence in THAT crime. Having them is not a crime in itself. Ever.


Nor Cal Mama, assembling a parts kit into a functional magazine is likely to be considered "manufacturing" and is expressly prohibited. Some say assembly is not manufacturing. Unfortunately we need a test case to shatter this entire stupid law. And you will never tell anyone you "found" a magazine. Let a lawyer handle ALL discussions. If they want to say you may have found it, while in court, to create reasonable doubt, let them. Telling an LEO you "found" them will get you laughed at.

NorCalMama
01-01-2010, 6:31 PM
Nor Cal Mama, assembling a parts kit into a functional magazine is likely to be considered "manufacturing" and is expressly prohibited. Some say assembly is not manufacturing. Unfortunately we need a test case to shatter this entire stupid law. And you will never tell anyone you "found" a magazine. Let a lawyer handle ALL discussions. If they want to say you may have found it, while in court, to create reasonable doubt, let them. Telling an LEO you "found" them will get you laughed at.

lol, I never said tell a LE anything. You NEVER talk to cops! ;)

Interesting point on "manufacturing"... I've always been led to believe assembling seperate componants is fine. *sigh* But this is Cali after all, so I'm likely wrong.

bigcalidave
01-01-2010, 6:38 PM
It will all depend on the DA...