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View Full Version : ExMarine with Hi-Caps question


Mr. Wannabe High Profile Banger
04-26-2010, 2:34 PM
So if i was in the marines the last 4 years, and did two combat tours in iraq and trained Iraqi Police....
And im honorably discharged, move off base from san diego up to Los Angeles

Lets say i still have a bunch of gear in a huge footlocker style case that i bought myself in country and on tour for my combat related job..

I say i have about 10 AR mags, a couple 20 and a couple 30 rounders, bought them so i would have more reliable gear than the issued mags..

But now i live in LA, no longer active military.
Am my breaking the law by having these magazines still or can i use them in my own AR?

The Director
04-26-2010, 2:44 PM
Thanks for your service.

If you didn't possess them in the State of Ca before Jan 1, 2000, you can't do so legally now....

That being said, a high cap mag case would be almost impossible to prosecute.

ke6guj
04-26-2010, 2:46 PM
possession of large-capacity magazines is not illegal, even if the method of acquistion was not legal.

usage of large-capacity magazines in a firearm is not illegal unless the type of firearm is prohibited from having a fixed magazine of more than 10-rounds. So, if your AR has a mag lock like a bullet button, you can't use any 11+ round mags in it. But if the AR is a registered assualt weapon or is a featureless buld, then you can use 11+ round mags in it.

OleCuss
04-26-2010, 2:48 PM
If you bought them and had them in California prior to the ban, yes, they're legal and you can use them.

Otherwise, delete your post as there is no point in your incriminating yourself.

Now the statute of limitations on buying or importing a high-cap mag is 3 years so if you got/brought them into California more than three years ago you can't be prosecuted for having them - and they're not illegal to own or possess. So if the statute of limitations has run out you are safe despite your having potentially committed a crime.

FWIW from a non-lawyer.

Just remember, anything you post in a forum or e-mail to someone is potentially discoverable so feel free to delete anything you wouldn't want a DA or the equivalent to know. I'm not saying you have anything like that in your post - just be careful!

todd2968
04-26-2010, 3:01 PM
Thank you for your service.
You can use them anyone asked how you came about them say " I was issued them" The military considers them consumeables and many times does not ask for them back. Oops I missed the part where you said you bought them. Never mind I thought you were issued them.

CAL.BAR
04-26-2010, 3:11 PM
Thanks for your service.

If you didn't possess them in the State of Ca before Jan 1, 2000, you can't do so legally now....

That being said, a high cap mag case would be almost impossible to prosecute.


Sure - unless you stick them into an unregistered AR rifle with evil features.

Saym14
04-26-2010, 3:14 PM
its like illegal immigration. its illegal to cross the border. but once here its legal to hang around.

The Director
04-26-2010, 3:34 PM
Sure - unless you stick them into an unregistered AR rifle with evil features.

This is true...that's a whole 'nother can of worms!

383green
04-26-2010, 3:36 PM
I'm surprised to still see incorrect comments about buying and/or possessing large-capacity magazines (as they're called and defined in CA Penal Code). The relevant law states:

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.



Possession of large-capacity magazines is not restricted. Buying large-capacity magazines is not restricted.

Manufacturing, importation, selling, giving and lending are misdemeanors, with a three year statute of limitations. There has been an ongoing, unresolved argument about whether a buyer might be charged with conspiracy to commit a crime.

You also need to make sure that you do not accidentally manufacture an unregistered assault weapon, such as by inserting a large-capacity magazine into an AR equipped with a bullet button. Possession of such a weapon is a crime, even though possession of the magazine itself is not.

I hope that this answers your questions, and I recommend that you edit any postings in which you have inadvertently admitted to the commission of crimes.

You may wish to look at the FAQ (CLICK ME) (http://wiki.calgunsfoundation.org/index.php/FAQ#Magazine_Questions) for more information.

Sinixstar
04-26-2010, 4:19 PM
I think what everybody is trying to say in a round-a-bout manner is:

the simplest solution to your problem is to move a few hours east to NV.

loather
04-26-2010, 4:22 PM
*ugh* Really? We're going through this again?

Statute of limitations or not, possibility of prosecution or whatever -- encouraging the comission of a crime makes us all look bad. Please, for the sake of the rest of us, just don't do it.

Mods - lock?

pointedstick
04-26-2010, 4:23 PM
I think what everybody is trying to say in a round-a-bout manner is:

the simplest solution to your problem is to move a few hours east to NV.

:rofl2:

Sad but true.

grammaton76
04-26-2010, 4:26 PM
This thread's run its course.

Read the FAQ, keep in mind the statute of limitations, doesn't really need to be discussed further.