PDA

View Full Version : High Capacity Magazine Between Family Members?


Mike2010
05-20-2010, 12:06 PM
Hello All,
As I understand laws concerning pre ban magazines, as long as they were owned prior to 2000 they can be legally owned. I inherited several firearms from my father, including a Glock with 6 high capacity clips. Can I keep them?

Fot
05-20-2010, 12:06 PM
Correction you can keep them.. just not use them..

Mike2010
05-20-2010, 12:07 PM
I should also note that in 2000, I was only 19 years old and could not have legally owned a pistol of my own.

civilsnake
05-20-2010, 12:11 PM
Unless you inherited the magazines from your father before 2000, then no, you cannot have them now. They would need to be stored disassembled as parts.

The fact that you were 19 doesn't matter though. You can own a handgun at 18 if someone gifted it to you. And there is no age requirement for owning magazines. If you were 7 in 1999 and your father had the foresight to give you 6 G17 mags, you're okay to hold onto them until you buy the pistol or inherit it. You could then use them in the gun with no problems.

Turo
05-20-2010, 12:20 PM
Correction you can keep them.. just not use them..
Why the heck would you say this? It's 100% incorrect.


I should also note that in 2000, I was only 19 years old and could not have legally owned a pistol of my own.

It does not matter what age you were in 2000. You can own gun magazines at any age, and as long as you were alive before 2000 in CA, you could have possibly owned magazines then. Case in point, I was 11 in 2000 and my dad had given me all his high capacity magazines by that point because he knew I would want them after the sale was banned.

So, if your father had given you the magazines before 2000, they are yours, and you are free and clear to use and keep them as you like (within all AW laws) If your father hadn't given you the magazines before 2000, whoever gave them to you recently committed a criminal act.

Make sure to read the law on "large-capacity magazines" and see the calguns wiki on the subject.

cmichini
05-20-2010, 12:23 PM
+1 on you can't possess hi cap magazines you did not own before the 2000 date.

However, you can own the parts (rebuild kits) that you could assemble and use when you leave CA and enter America. Of course when/if you bring them back into CA they would have to be disassembled back into parts before you hit the border.

leelaw
05-20-2010, 12:28 PM
Hello All,
As I understand laws concerning pre ban magazines, as long as they were owned prior to 2000 they can be legally owned. I inherited several firearms from my father, including a Glock with 6 high capacity clips. Can I keep them?

Did you lawfully possess the large capacity magazines before 01/01/2000?

(This is not an age-specific product, since magazines are not regulated items)

If yes: You may keep and use them

If no: You may not keep or use them. You may permanently modify them to hold 10 or less rounds, or you may disassemble them for use out of state or for repair parts.

leelaw
05-20-2010, 12:30 PM
Correction you can keep them.. just not use them..

If he did not lawfully possess them before 2000, then you're telling him to commit multiple felonies.

localguy
05-20-2010, 1:13 PM
Threads like this are always fun.

:popcorn:

Fot
05-20-2010, 2:30 PM
Why the heck would you say this? It's 100% incorrect.

If he did not lawfully possess them before 2000, then you're telling him to commit multiple felonies.


Possession of a large-capacity magazine is NOT illegal, no matter how you got it or when you got it.
http://wiki.calgunsfoundation.org/index.php/FAQ#Magazine_Questions

From Calguns wiki page... I stand by the what i said

Dr Rockso
05-20-2010, 2:37 PM
Possession of a large-capacity magazine is NOT illegal, no matter how you got it or when you got it.
http://wiki.calgunsfoundation.org/index.php/FAQ#Magazine_Questions

From Calguns wiki page... I stand by the what i said
So you're saying there are situations in which a person could legally possess a high-cap mag but not legally use a high-cap mag? As long as the use of a high-cap mag doesn't create a fixed-mag AW it's 100% legal.

Turo
05-20-2010, 2:39 PM
Possession of a large-capacity magazine is NOT illegal, no matter how you got it or when you got it.
http://wiki.calgunsfoundation.org/index.php/FAQ#Magazine_Questions

From Calguns wiki page... I stand by the what i said

You are correct that possession is not illegal, the OP asked if he could keep large capacity magazines given to him after 2000, and you said he could. Then you said that he may not use large capacity magazines.

Him keeping the magazines means that someone transferred large-capacity magazines to the OP after 2000, which is illegal. If he legally possessed the magazines, he can use them as much as he wants, but he did not legally obtain the magazines.

civilsnake
05-20-2010, 2:42 PM
Possession of a large-capacity magazine is NOT illegal... I stand by the what i said

Exactly! See, you're only 50% incorrect :p

huck
05-20-2010, 2:50 PM
SO... what if his dad gave him the magazines in 2002. What about the statute of limitations?

Turo
05-20-2010, 2:52 PM
SO... what if his dad gave him the magazines in 2002. What about the statute of limitations?

Then his dad broke the law in 2002, and I believe the statute of limitations ran out in 2005.

Fot
05-20-2010, 2:52 PM
You are correct that possession is not illegal, the OP asked if he could keep large capacity magazines given to him after 2000, and you said he could. Then you said that he may not use large capacity magazines.

Him keeping the magazines means that someone transferred large-capacity magazines to the OP after 2000, which is illegal. If he legally possessed the magazines, he can use them as much as he wants, but he did not legally obtain the magazines.

It's illegal for the person who transfers, but not the person to recieve. The op has broken no law.

Exactly! See, you're only 50% incorrect :p

What am I wrong about? I said he can not use them in this state..

Dr Rockso
05-20-2010, 2:53 PM
What am I wrong about? I said he can not use them in this state..

If you're arguing that he can legally possess them then why couldn't he use them?

civilsnake
05-20-2010, 2:55 PM
What am I wrong about? I said he can not use them in this state..

If he has them in his possession legally, he can use them in this state as long as he's not creating an AW in the process. Even if he illegally acquires them, there are no laws against using high capacity magazines.

civilsnake
05-20-2010, 2:56 PM
It's illegal for the person who transfers, but not the person to recieve. The op has broken no law.


Except that you can be an accessory to a crime...

Fot
05-20-2010, 2:58 PM
So you're saying there are situations in which a person could legally possess a high-cap mag but not legally use a high-cap mag? As long as the use of a high-cap mag doesn't create a fixed-mag AW it's 100% legal.

If you were not in possession prior to the ban you can not legally use high caps in state..

Robidouxs
05-20-2010, 2:58 PM
SO... what if his dad gave him the magazines in 2002. What about the statute of limitations?

Its three years, the dad would be guilty of a crime. But would the son be guilty of anything? Is he allowed to go to the range the day his dad gave him the hi capacity magazines and utilize them?

stix213
05-20-2010, 3:01 PM
Yeah I am pretty sure that now that he already has the 6 high cap mags he is free and clear to use them as the OP wants (again assuming he doesn't create an AW, but these are Glock mags so I guess that isn't an issue). Whoever handed them to him is who broke the law.

Fot
05-20-2010, 3:02 PM
If you're arguing that he can legally possess them then why couldn't he use them?

It's the way the law is written.. The law says you must have owned prior to the date to legally use them


If he has them in his possession legally, he can use them in this state as long as he's not creating an AW in the process. Even if he illegally acquires them, there are no laws against using high capacity magazines.

The law says you must have owned prior to the date to legally use them


Except that you can be an accessory to a crime...

How did he help in the crime?

Jicko
05-20-2010, 3:04 PM
OK, many people have covered the RIGHT answer, which is, if you OWN it before 2000, then you are fine. You don't have to OWN a firearm to OWN its magazines tho. A 1 year old kid can OWN a magazine, it is totally fine..... he just cannot own the firearm.... the magazine is NOT a firearm.


(disclaimer: do not treat this as legal advice, this is just for discussion's sake)

Now, something VERY interesting, yet, probably can only be defended in court... or they may not have ANYONE to prosecute (yet, they can take those magazines as "evidents"?)

The actual law prohibits manufacturing, and importing.... and the original owner to sell, give or lend.... there is NO LAW prohibiting or punishment for the "receiver"..... so, if the DAD gave hi-cap to his son right before he passed away... the DAD is the one violating the CA large capacity magazine law... NOT the KID.... lol....


California Large Capacity Magazines

With limited exceptions, California law prohibits any person from manufacturing, importing into
the state, keeping for sale, offering (for sale) or exposingfor sale, giving, or lending any large capacity
magazine. Cal. Penal Code 12020(a)(2), (b). A "large capacity magazine" is defined as any ammunition feeding device with the capacity to accept more than ten rounds, but does not include any .22 caliber tube ammunition feeding device, any feeding device that has been permanently altered so that it cannot accommodate more than ten rounds, or any tubular magazine that is contained in a lever* action firearm. Section 12020(c)(25). California does not ban the possession of large capacity magazines.

stix213
05-20-2010, 3:07 PM
If you were not in possession prior to the ban you can not legally use high caps in state..

Thats not true at all, you can legally use high caps in CA under the following circumstances even if you didn't have them prior to the ban (there are probably more ways that I can't think of):

1) If a friend legally owns them and lets you shoot with them in his presence.
2) If you acquired them using a method not banned by california law (for example if you actually found them in the woods, unlikely story but technically possible)
3) If you previously broke the law by bringing them in the state or assembling them, but the statute of limitations has long past
4) If you are a LEO and have acquired them using your "some animals are more equal than others" powers

Dr Rockso
05-20-2010, 3:08 PM
It's the way the law is written.. The law says you must have owned prior to the date to legally use them

That is wrong. I declare shenanigans.

http://www.astro.ubc.ca/~jonben/images/blog/shenanigans.jpg

Fot
05-20-2010, 3:08 PM
Can I use my large-capacity magazines?
Yes.

Regardless of date or manner of acquisition, it is not illegal to use large capacity magazines.
http://wiki.calgunsfoundation.org/index.php/FAQ#Magazine_Questions

Hmm looks like I was wrong.. according to this he can legally own them and now use them..

Fot
05-20-2010, 3:20 PM
So Mike.. looks like you are good to go.. juts make sure and call them mags and not clips..

Librarian
05-20-2010, 5:57 PM
Is this really back again?

The law on large-capacity speaks ONLY to acquisition, and then ONLY on the 'giver' side.

Nothing in the law refers to ownership or possession or use - it's silent on those topics.

So, while it may be illegal to supply large-capacity magazines, once one has them, from some source, legally acquired (i.e, pre-2000) or not, there is no restriction on using them in handguns.

There's a distinction between 'encouraging someone to flout the law' and 'explaining, as best one can, how the silly law is written'.

IMO, all the 'I found it' stuff is encouraging flouting. YMMV.

Saym14
05-20-2010, 6:51 PM
clips maybe worn in your hair.

NotEnoughGuns
05-20-2010, 6:53 PM
Lets all remember that "you have the right to remain silent"