PDA

View Full Version : Legal to have disassembled 30 rd mags in your possession?


SVPRApps
01-28-2010, 5:58 PM
I was wondering if I can get some 30 rd mags and then limit them to be 10/30 and then making it back to 30 rds when im out of state? or will i have to use some sort of tools that will permanently make them 10/30?


I have been reading through this for a while
http://www.calguns.net/calgunforum/showthread.php?t=124709&highlight=magazine+rebuild

AlliedArmory
01-28-2010, 6:08 PM
It is legal to have them disassembled.

the law says it has to be permanently modified to hold only 10 rds.

so if you can just disassemble them back into 30s, that doesn't hold up to the law

mags are so cheap anyways, just have an extra set of rebuild kits for out of state use and keep another set of a 10/30

turbochris
01-28-2010, 6:16 PM
I permanently affix the bottom plate on all my 10/30's just to be safe. so your best be is to get 30 round rebuilds kits for out of state fun

nick
01-28-2010, 6:28 PM
I think, DedEye hates you :)

SVPRApps
01-28-2010, 6:39 PM
It is legal to have them disassembled.

the law says it has to be permanently modified to hold only 10 rds.

so if you can just disassemble them back into 30s, that doesn't hold up to the law

mags are so cheap anyways, just have an extra set of rebuild kits for out of state use and keep another set of a 10/30

Yeah I mean i dont know if the price of magazines will go up. i just want a bunch of 10/30 magazines for the look.

would rebuilding my own mag take some special tools or can they be easily assembled with little effort? (30 rd mags for out of state)


im getting a WASR-10 and IMO, it would look "weird" or "silly" for it to have a 10 rd mag on it, instead of a 10/30

turbochris
01-28-2010, 6:45 PM
Yeah I mean i dont know if the price of magazines will go up. i just want a bunch of 10/30 magazines for the look.

would rebuilding my own mag take some special tools or can they be easily assembled with little effort? (30 rd mags for out of state)


im getting a WASR-10 and IMO, it would look "weird" or "silly" for it to have a 10 rd mag on it, instead of a 10/30

no major tools are required to assemble a mag. but to disassemble you will need a pick or something in that nature to press the button in the bottom floor plate.

bigcalidave
01-28-2010, 8:02 PM
I think, DedEye hates you :)

Dedeye would prefer that you simply explain that one will soon be "dedeyed"


I think..

And you can't post that without the appropriate link.

Hate is a strong word!!! But still... (http://wiki.calgunsfoundation.org/index.php/FAQ#Magazine_Questions)

AJAX22
01-28-2010, 8:09 PM
Yes its legal.

SVPRApps
01-28-2010, 8:39 PM
Dedeye would prefer that you simply explain that one will soon be "dedeyed"


I think..

And you can't post that without the appropriate link.

Hate is a strong word!!! But still... (http://wiki.calgunsfoundation.org/index.php/FAQ#Magazine_Questions)

seems like owning/possessing is no problem. but using a high cap mag is illegal.

AJAX22
01-28-2010, 8:43 PM
seems like owning/possessing is no problem. but using a high cap mag is illegal.

No.....

totally legal to use


you just can't use them with a BULLET BUTTON...

Trey1191
01-28-2010, 8:46 PM
To what extent do they have to be disassembled? I have my whole kits together in one box next to each other and simply have the spring and follower still together but pulled out and the mag body next to it. Is this sufficiently "disassembled"?

AJAX22
01-28-2010, 8:51 PM
To what extent do they have to be disassembled? I have my whole kits together in one box next to each other and simply have the spring and follower still together but pulled out and the mag body next to it. Is this sufficiently "disassembled"?

does it function as an ammunition feeding device?

if NO

then it is not an ammunition feeding device.

If it is not an ammunition feeding device it has no capacity.

Trey1191
01-28-2010, 9:13 PM
Then I'm fine, Thanks for speedy reply!

stonedboss
01-28-2010, 10:06 PM
Dedeye would prefer that you simply explain that one will soon be "dedeyed"


I think..

And you can't post that without the appropriate link.

Hate is a strong word!!! But still... (http://wiki.calgunsfoundation.org/index.php/FAQ#Magazine_Questions)

I read up on that FAQ page just now. However, I still have a question. What if I got high cap mags that were manufactured in the 60s shipped from Nevada into CA disassembled. They are still illegal to assemble in CA though right? Or are they not since they are pre 1994?

"Possession of a large-capacity magazine is NOT illegal, no matter how you got it or when you got it.[1] There was not and is not an age limit to own or purchase large-capacity magazines. This includes magazines issued to military."
Is this assuming that you got it before 2000?

" What is the Statute of Limitations for violating the laws regarding large-capacity magazines?

Three years as specified in PC 801. If you illegally imported the magazine into the state or manufactured it over three years ago, the statue of limitations claims you can no longer be prosecuted.

If you then left the state with that magazine and re-imported it, the clock on the statute of limitations would reset, as a new crime would have been committed. "

In 3 years would I be able to assemble them legally in CA though? Would I need to assemble them to break the law and 3 years later I can legally use them? Since importing them disassembled is not illegal?

The questions above I just randomly gathered throughout reading/rereading that FAQ. But basically if I get pre 1994 high cap mags that are shipped into CA disassembled, can I legally use them?
There is sort of a loophole with the rules there, because technically with no age limit to buy mags and no need of proof of purchase(as mentioned in the FAQ), you can bring in any pre 1994 disassembled mags and have them in CA assembled saying you got them before. Or wait 3 years and you can take them out of hiding if you want to do it without lying(but still technically illegal, unless the 3 year statute counts for a disassembled mag). Any comments/opinions or any legal evidence to clear things up?

Edit: Btw I am just curious if there is a legal way to obtain high cap mags currently. I am interested in a CETME G3 and it would ship with disassembled 20rd mags that were manufactured in the 60s and 70s according to Henderson Defense Industries. So I want to know if those mags will need to sit in my room disassembled unless I go out of state, or if I will be able to use them. Also, if they are illegal, can't I permanently make them 10/20 mags myself?

DedEye
01-28-2010, 11:07 PM
I think, DedEye hates you :)

Yup. (http://wiki.calgunsfoundation.org/index.php/FAQ#Magazine_Questions)

Dedeye would prefer that you simply explain that one will soon be "dedeyed"


I think..

And you can't post that without the appropriate link.

Hate is a strong word!!! But still... (http://wiki.calgunsfoundation.org/index.php/FAQ#Magazine_Questions)

You did forget the link, Nick, so I hate you too. (http://wiki.calgunsfoundation.org/index.php/FAQ#Magazine_Questions)

seems like owning/possessing is no problem. but using a high cap mag is illegal.

Has no one provided you the necessary link to answer all of your questions yet? (http://wiki.calgunsfoundation.org/index.php/FAQ#What_good_are_large_capacity_magazines_then.3F )

stonedboss
01-28-2010, 11:17 PM
After reading more I realized it would be considered manufacturing them if I reassembled them in Cali, so the only way to use them as 20rd mags is illegally, for me at least

DedEye
01-28-2010, 11:23 PM
I read up on that FAQ page just now. However, I still have a question. What if I got high cap mags that were manufactured in the 60s shipped from Nevada into CA disassembled. They are still illegal to assemble in CA though right? Or are they not since they are pre 1994?

I'm torn in how to reply to this. You went to the effort of reading the FAQ, and I thank you for that. I also want to reward you by not hating you for taking the time to read it.

However, I also do not know how to make the answer any more clear. (http://wiki.calgunsfoundation.org/index.php/FAQ#How_is_the_California_large-capacity_magazine_ban_affected_by_the_Federal_ban_ .28from_1994-2004.29.2C_and_vice_versa.3F)

In 3 years would I be able to assemble them legally in CA though? Would I need to assemble them to break the law and 3 years later I can legally use them? Since importing them disassembled is not illegal?

I'm going to make you wear your critical thinking cap now by posting a link to the appropriate Wiki article instead of the FAQ.

If the statute of limitations doesn't begin until you break the law, how could it start until you do something illegal?

I think you will be able to answer your own question. (http://wiki.calgunsfoundation.org/index.php/Large-capacity_magazine_restrictions)

The questions above I just randomly gathered throughout reading/rereading that FAQ. But basically if I get pre 1994 high cap mags that are shipped into CA disassembled, can I legally use them?

How do you propose to get those large capacity magazines into the state without importing or manufacturing them? (http://wiki.calgunsfoundation.org/index.php/FAQ#I_owned_large-capacity_magazine.28s.29_since_before_January_1.2C _2000.2C_are_they_legal.3F)

There is sort of a loophole with the rules there, because technically with no age limit to buy mags and no need of proof of purchase(as mentioned in the FAQ), you can bring in any pre 1994 disassembled mags and have them in CA assembled saying you got them before. Or wait 3 years and you can take them out of hiding if you want to do it without lying(but still technically illegal, unless the 3 year statute counts for a disassembled mag). Any comments/opinions or any legal evidence to clear things up?

Breaking the law and not getting caught isn't a loophole. It's just breaking the law and not getting caught. (http://wiki.calgunsfoundation.org/index.php/FAQ#Can_I_bring_large-capacity_magazines_into_the_state_with_me_if_I_did _not_possess_them_here_prior_to_January_1.2C_2000. 3F)

Edit: Btw I am just curious if there is a legal way to obtain high cap mags currently.

The simple answer is no. (http://wiki.calgunsfoundation.org/index.php/FAQ#When_did_the_law_banning_new_large_capacity_ma gazines_take_effect.3F)

I am interested in a CETME G3 and it would ship with disassembled 20rd mags that were manufactured in the 60s and 70s according to Henderson Defense Industries.

You are placing too much emphasis on the date of the original manufacture of the large capacity magazines. (http://wiki.calgunsfoundation.org/index.php/FAQ#How_is_the_California_large-capacity_magazine_ban_affected_by_the_Federal_ban_ .28from_1994-2004.29.2C_and_vice_versa.3F)

So I want to know if those mags will need to sit in my room disassembled unless I go out of state, or if I will be able to use them.

That would depend on where you go when you use them, wouldn't it? Isn't using them out of state "using them?" (http://wiki.calgunsfoundation.org/index.php/FAQ#Can_I_use_rebuild_kits_to_make_large_capacity_ magazines_for_use_out_of_state.3F)

Also, if they are illegal, can't I permanently make them 10/20 mags myself?

I don't know, can you? (http://wiki.calgunsfoundation.org/index.php/FAQ#Can_I_use_large-capacity_magazine_parts_to_build_magazines_that_ho ld_ten_rounds_or_less.3F)

DedEye
01-28-2010, 11:24 PM
After reading more I realized it would be considered manufacturing them if I reassembled them in Cali, so the only way to use them as 20rd mags is illegally, for me at least

Just to let you know, it took me a while to write the post just above mine and didn't see you write this yet.

Since you put in the time and effort to read the FAQ and understand the laws, I want to let you know that I don't hate you.

For now.

bigcalidave
01-29-2010, 12:03 AM
I have a headache now...

DedEye
01-29-2010, 12:04 AM
I have a headache now...

Then my work here is done. (http://wiki.calgunsfoundation.org/index.php/FAQ)

Mssr. Eleganté
01-29-2010, 12:07 AM
Then my work here is done.

Why isn't there a link to the FAQ in this post? :confused:

DedEye
01-29-2010, 12:21 AM
Why isn't there a link to the FAQ in this post? :confused:

Laziness I suppose, or a lack of an appropriate question/answer combo to suit the comment.

Oh, and I hate you. (http://wiki.calgunsfoundation.org/index.php/)