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Groundhogday
05-12-2010, 5:19 PM
I'v been wondering with some time now, and with the lack of DOJ responses, Can a AR-15 30 Round Mag be inherited from your parents? Current CA law allows you to possess high cap mags provided you owned them before 1/1/2000, but if you were not of age in 12/31/1999 could they be handed down? Please let me know what your thoughts are.
Thank you

Noobert
05-12-2010, 5:22 PM
I wasn't aware of age restriction on magazines?

BKinzey
05-12-2010, 5:22 PM
Not of age would be not born yet. There is no age limit for mag ownership.

No, you cannot inherit them. (Then again, maybe you can, maybe you can't, keep reading.)

Possession isn't illegal either.

Noobert
05-12-2010, 5:23 PM
Would the OP really be only 10 years old?

diginit
05-12-2010, 5:33 PM
Nope, You can't even give 'em away. You can accept it in pieces as a rebuild kit, But you cannot assemble it into a 30.

Noobert
05-12-2010, 5:41 PM
Now I'm confused, Groundhogday, did you have them in your possession in 1999, even if you were only 2(for example) at the time? As in did your parents give you the magazines before year 2K?

Groundhogday
05-12-2010, 5:43 PM
So if I found them back in the day from my biological father, and they have been in my possession ever since, I could technically use them in a featureless AR?

dantodd
05-12-2010, 5:47 PM
So if I found them back in the day from my biological father, and they have been in my possession ever since, I could technically use them in a featureless AR?

no technically about it. If you possessed them in CA before 1/1/2000 there is no reason for you to give them up or not use them at your whim in accordance with the rest of the silly CA firearms laws. If you owned them on 5/11/2007 the statute of limitations has run out and you can legally use them also. If you have them legally based on statute of limitations do not take them out of state, re-importing them would be a new offense since you didn't have them before the ban.

BKinzey
05-12-2010, 5:54 PM
If you owned them in 1999 you are fine. If your ownership is questionable but you've had them for 3+ years the statute of limitations for prosecution has passed.

tileguy
05-12-2010, 6:02 PM
very well said BKinzey

bohoki
05-12-2010, 7:40 PM
this literally sounds like the case where you "found" the magazines

sounds like nobody gave sold or otherwise transfered them to you

but i'm no lawyer

RomanDad
05-12-2010, 7:54 PM
I inherited a large U-haul box full of magazines, slings, holsters, old ammo, etc (and technically the guns that went with them but my parents sold those) when I was 12... But that was 1982.... I came across the box when I was cleaning out a storage shed of old furniture when I moved into my first apartment in the early 90's.

bden
05-12-2010, 8:09 PM
no technically about it. If you possessed them in CA before 1/1/2000 there is no reason for you to give them up or not use them at your whim in accordance with the rest of the silly CA firearms laws. If you owned them on 5/11/2007 the statute of limitations has run out and you can legally use them also. If you have them legally based on statute of limitations do not take them out of state, re-importing them would be a new offense since you didn't have them before the ban.

^ This

And remember, it's up to the big G to prove a crime was committed. Don't help them do so by neglecting to exercise your 5th. Assuming you were given, bought, found, etc. those mags prior to the magical date you're 100% good to go. Just don't make up a story about how you found them in daddy's sock drawer 3 months ago or else he might end up having to explain things to Sgt. Steve, Lt. Larry, and prosecutor Pete. Keep looking around this site, and at the Calguns Wiki and you'll find an endless amount of information on this topic. Happy shootin'!

FatalKitty
05-12-2010, 8:09 PM
let's say you DID in fact own then prior to 2k - how would you go about explaining, proving this to a nosey LEO if they were to confiscate them

RomanDad
05-12-2010, 8:10 PM
let's say you DID in fact own then prior to 2k - how would you go about explaining, proving this to a nosey LEO?

Its not your job to prove it..... Its theirs to PROVE you didnt.

I would venture a guess that MOST gun owners over the age of 30 or so OWN LEGALLY ACQUIRED STANDARD CAPACITY MAGAZINES...... Thats a WHOLE LOT OF PEOPLE.

andrewj
05-12-2010, 9:49 PM
Nothing illegal about receiving high capacity magazines, buying high caps, finding high caps, or, afaik, inheriting high caps. Might be illegal for the giver, but when I'm dead you can charge me with breaking all the laws you want. Stick me jail for a thousand years and see if I give a damn.


This has always been my understanding of the situation as well. If you were to obtain a mag through any route that isn't specifically prohibited in penal code, its a legally acquired mag.

Suppose a family member died, simply taking that family member's mags doesn't violate any penal codes... does it? <--- serious question, not rhetorical,

RideIcon
05-12-2010, 10:20 PM
Suppose a family member died, simply taking that family member's mags doesn't violate any penal codes... does it? <--- serious question, not rhetorical,

It would probably come down to how you word it in court, inherit, will, gave, any of those words could be bad.. But to just state you found in the house puts everything in the clear.

CHS
05-12-2010, 10:26 PM
Suppose a family member died, simply taking that family member's mags doesn't violate any penal codes... does it? <--- serious question, not rhetorical,

That's a really good question.

In reading the Penal code, it would not appear that any law was actually broken.

For instance, in the case of an AW, it is very clear in the PC that it cannot be inherited. The PC lays out your options explicitly as to how to proceed. You are given a window of time where you are allowed to take possession, and turn over the AW to an AW dealer, or get it out of the state. There is nothing in the PC to guide us in the case of hi-caps.

I say yes, they can be inherited :)

I'm also not a lawyer :)

Farquaad
05-12-2010, 10:57 PM
I'm going out on a limb here but I am willing to bet that if, if there has ever been a successful prosecution for a hi cap mag then it was because the owner talked themselves into it. The 4th and 5th amendments are your friend.

jlh95811
05-12-2010, 11:40 PM
let's say you DID in fact own then prior to 2k - how would you go about explaining, proving this to a nosey LEO if they were to confiscate them

"Officer, I legally posess these magazines."
That is about all that need be said. They will likely try to squeeze more info from you at this point. At such juncture I would say, "Any further questions should be directed to my lawyer."
If the LEO takes posession of your property be sure to obtain a receipt for your property and his badge number.

Unless you have receipts from when you bought the mags, pre 2000, this would be the best way I know to go about it.
You give them no ammo and you have the grounds for a number of lawsuits; Whether or not you choose for them to be filed is up to you and legal council.

corrupt
05-13-2010, 12:01 AM
I was lucky in that even though I am relatively young, I was a firearms enthusiast prior to 2000. I was one of the original ar15.com members ('99 or prior) and I was lucky in that a lot of the magazine hoarding that ar15.com members used to do ("pre-ban" mags, etc) rubbed off on me and I purchased magazines for all the major rifles and handguns that I would want in the future. Hell, I even sold one of my beta-c mags for $600 back in the day before the Cali ban.

I don't think it's fair that people who missed the boat aren't allowed to protect themselves as well as I am able to. It is very comforting to have a p226 with a 20 rd mec-gar condition 1 next to the bed.

CHS
05-13-2010, 12:06 AM
Hell, I even sold one of my beta-c mags for $600 back in the day before the Cali ban.


You should have held out longer. I remember those going for $850 around '02 and '03.

Kreature96
05-13-2010, 8:57 AM
Possession of the magazine is NOT a violation of the law, as has been stated previously. That said; You can become an instant felon if you take that legally possessed 30 round mag and put into your bullett buttoned (or similar fixed magazine device) rifle. You now have an illegal AW per PC 12276.1(a)(2)

This statement of course does not constitute legal advice and is intended only to be used for informational purposes.

AMDG
05-13-2010, 9:08 AM
Nothing illegal about receiving high capacity magazines, buying high caps, finding high caps, or, afaik, inheriting high caps. Might be illegal for the giver, but when I'm dead you can charge me with breaking all the laws you want. Stick me jail for a thousand years and see if I give a damn.


This ^^^^ BUT a word of caution, depending on how someone receives or buys high caps, a prosecutor may be able to successfully charge the receiver or buyer with conspiracy.

Rob454
05-13-2010, 10:12 AM
I have a box of mags for guns I don't own anymore. Sold or cut the guns up but kept the mags.
I just have all the receipts for them in case there is a question.

Groundhogday
05-13-2010, 12:21 PM
Possession of the magazine is NOT a violation of the law, as has been stated previously. That said; You can become an instant felon if you take that legally possessed 30 round mag and put into your bullett buttoned (or similar fixed magazine device) rifle. You now have an illegal AW per PC 12276.1(a)(2)

This statement of course does not constitute legal advice and is intended only to be used for informational purposes.

But if you have a Featureless AR-15, it does not classify as a AW as section 12276.1. In this case, you could legally feed a legal 30 round mag into the rifle without becoming a felon correct?

huck
05-13-2010, 12:33 PM
But if you have a Featureless AR-15, it does not classify as a AW as section 12276.1. In this case, you could legally feed a legal 30 round mag into the rifle without becoming a felon correct?

Yes, correct. Just make sure it's featureless.

There are many threads that discuss that. Here's one:
http://www.calguns.net/calgunforum/showthread.php?t=279032

jerryg1776
05-14-2010, 7:39 AM
I would make sure that you are not the executor of the estate etc.... if your job is to distribute the estate and you gave yourself or anyone else the standard "AKA High Cap" mags then YOU transferred them, not the decedent. AT that point there would be an issue.

Finding or being given them is not a crime. Just make sure that you as the executor do not actively give or transfer them.

At least that's my POV for what its worth.