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microwaveguy
05-09-2010, 2:12 PM
Ok so I am reading the high cap ban law Ca 12020

http://ag.ca.gov/firearms/dwcl/12020.php

Reading 12020(b)(7) there is a exemption for C&R firearms and AMMO as as defined in Section 478.11 of Title 27. So I go and look up that section.

http://edocket.access.gpo.gov/cfr_2009/aprqtr/pdf/27cfr478.11.pdf

I read down to the C&R section :

Curios or relics. Firearms which are of
special interest to collectors by reason
of some quality other than is associated
with firearms intended for sporting
use or as offensive or defensive
weapons. To be recognized as curios or
relics, firearms must fall within one of
the following categories:
(a) Firearms which were manufactured
at least 50 years prior to the current
date, but not including replicas
thereof;
(b) Firearms which are certified by
the curator of a municipal, State, or
Federal museum which exhibits firearms
to be curios or relics of museum
interest; and
(c) Any other firearms which derive a
substantial part of their monetary
value from the fact that they are
novel, rare, bizarre, or because of their
association with some historical figure,
period, or event. Proof of qualification
of a particular firearm under this category
may be established by evidence
of present value and evidence that like
firearms are not available except as
collector’s items, or that the value of
like firearms available in ordinary
commercial channels is substantially
less.

The only prohibited parts of this section are ownership to prohibited persons: "Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code"

So does that mean that 50 year old belted ammo is classified as a C&R ???
On the same note it would be a looooong stretch to say the magazines are part of the firearm of a C&R and are exempt???:confused:

Quiet
05-09-2010, 2:30 PM
So does that mean that 50 year old belted ammo is classified as a C&R ???

On the same note it would be a looooong stretch to say the magazines are part of the firearm of a C&R and are exempt???:confused:

No and no.

ATF Firearms Curios & Relics List (ATF Publication 5300.11 Dec 2007) (http://www.atf.gov/publications/download/p/atf-p-5300-11/atf-p-5300-11.pdf)

SECTION I. Ammunition Classified as Curios or Relics:
Ammunition is no longer classified as “curios or relics” since the Congress in 1986 removed the interstate controls over ammunition under the GCA. We have continued the listing of 1972-1986 ammunition determinations as a service to those who rely on this list as a means of evaluation.

Page 14-17 contains the list of ammunition that is listed as C&R.



The only prohibited parts of this section are ownership to prohibited persons: "Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code"
Also, note if your restricted from possessing/owning, you also can not own ammo/magazines/clips/speedloaders/etc.

Penal Code 12316
(b)(1) No person prohibited from owning or possessing a firearm under Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code shall own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition.
(2) For purposes of this subdivision, "ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence.

GrizzlyGuy
05-09-2010, 2:31 PM
Nice try, but the large-capacity magazine language in 12020 (a) (2) applies to magazines regardless of their date of manufacture. The only relevant date is 1/1/2000 when it went into effect.

ETA: What Quiet said. I think we were posting at the same time.