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View Full Version : Q: Hi-Cap Mags


xhogboss
04-03-2006, 8:46 AM
I'll make this hypothetical - widow of a retired law enforcement officer, living in California, finds several hi-cap detachable rifle magazines when she begins to dispose of his effects. Some appear to be for an AK series weapon. She also finds some hi-cap mags with a handgun he owned. What are her options for disposing of them without running afoul of the law?

TonyM
04-03-2006, 8:54 AM
I'll make this hypothetical - widow of a retired law enforcement officer, living in California, finds several hi-cap detachable rifle magazines when she begins to dispose of his effects. Some appear to be for an AK series weapon. She also finds some hi-cap mags with a handgun he owned. What are her options for disposing of them without running afoul of the law?

Disassemble them and toss the parts in the trash. If she's paranoid, have her spread the parts out over a few garbage pickup cycles.

ohsmily
04-03-2006, 8:59 AM
Ted cited the law...do you see anything there that says it is illegal to possess full capacity magazines? Or to find them and keep them? I don't think so. If she doesn't want them, sure, take them apart and throw them away. If she wants them, I would tell her to keep them (but do NOT sell them or give them away).

Stanze
04-03-2006, 10:13 AM
Widow? Seems like a case of "What's mine is her's and what's her's is mine.".:D

Fjold
04-03-2006, 11:39 AM
Widow? Seems like a case of "What's mine is her's and what's her's is mine.".:D


CA is a community property state, she's the legal owner.

xhogboss
04-03-2006, 3:07 PM
Thanks for the replies - the wisdom of many is a great resource.

Santa Cruz Armory
04-03-2006, 8:35 PM
Ok, another scenario...I'm out at a shooting area the other day and I find a 30 round AR mag marked LEO/GOV use only with a date stamp of 11/05.

Whats the law on that one? a legitimate find.:confused:

Nick5811
04-03-2006, 8:40 PM
Ok, another scenario...I'm out at a shooting area the other day and I find a 30 round AR mag marked LEO/GOV use only with a date stamp of 11/05.

Whats the law on that one? a legitimate find.:confused:

*Nick5811 doesn't touch that one with a 10' pole.*

half of me says order a new mag body and 'repair' your found mag....the other half says turn it into the appropriate authorities...the other half says leave it be...wait...that's 3 halves...I'm so :confused:...

EBWhite
04-03-2006, 10:24 PM
I say finders keepers, losers weepers :-)

Santa Cruz Armory
04-04-2006, 9:48 AM
Ok, another scenario...I'm out at a shooting area the other day and I find a 30 round AR mag marked LEO/GOV use only with a date stamp of 11/05.

Whats the law on that one? a legitimate find.:confused:


Can I get more ideas or comments on this ?

Thanks!:)

BigAL
04-04-2006, 2:37 PM
Ok, another scenario...I'm out at a shooting area the other day and I find a 30 round AR mag marked LEO/GOV use only with a date stamp of 11/05.


Not surprising. Some mag makers are still stamping LEO/Gov use only and also stamping the date. I'm partial to D&H industries mags and I think 11/05 was the last month they put the restricted markings on, but they definitely still use a date stamp.

http://members.cox.net/abussard/IMG_0066.JPG

halifax
04-04-2006, 3:05 PM
I'll make this hypothetical - widow of a retired law enforcement officer, living in California, finds several hi-cap detachable rifle magazines when she begins to dispose of his effects. Some appear to be for an AK series weapon. She also finds some hi-cap mags with a handgun he owned. What are her options for disposing of them without running afoul of the law?

Couldn't she just give them to a LEO friend of the husband?

Santa Cruz Armory
04-04-2006, 4:22 PM
Not surprising. Some mag makers are still stamping LEO/Gov use only and also stamping the date. I'm partial to D&H industries mags and I think 11/05 was the last month they put the restricted markings on, but they definitely still use a date stamp.

http://members.cox.net/abussard/IMG_0066.JPG



But if I fouund this mag can I own/use it?:confused:

BigAL
04-04-2006, 6:46 PM
But if I fouund this mag can I own/use it?:confused:

Legally? No i dont think so. But you won't hurt my feelings if you do.

artherd
04-04-2006, 7:11 PM
But if I fouund this mag can I own/use it?:confused:
If the mag was purchased/imported/manufactuared BEFORE 1/1/2000, then yes.

If it was purchased/imported/manufactuared after 1/1/2000, then you're technically in posession of evidence of someone else's crime. Interesting area there, almost certinly illegal in some variation of posession of contraband type of thing (ie a Sony TV is legal to posess, but not if it was illegally imported w/o duties being paid.)

grammaton76
04-04-2006, 8:55 PM
If it was purchased/imported/manufactuared after 1/1/2000, then you're technically in posession of evidence of someone else's crime.

Well, what if it was dropped by an LEO who was there legitimately practicing with his departmentally issued/approved/whatever weapon? In that case, it's not evidence of any crime...

Santa Cruz Armory
04-05-2006, 4:03 AM
Hmmmmm, seems a little grey....:rolleyes:

hitnrun
04-05-2006, 4:13 AM
Well, what if it was dropped by an LEO who was there legitimately practicing with his departmentally issued/approved/whatever weapon? In that case, it's not evidence of any crime...


DAMN...that's deep!:D

Theft by misappropriation perhaps, assuming that is provable by a reasonable and prudent person to know that it is property of a LEO?

Sheldon
04-05-2006, 4:57 AM
It is legal to buy replacement bodies for repair of legal mags. Would the replacement possibly be marked "for law enforcement use only"?? The whole mag issue is such a mess and a pain in the ***...it ain't even funny. :mad:

ohsmily
04-05-2006, 8:28 AM
It is legal to buy replacement bodies for repair of legal mags. Would the replacement possibly be marked "for law enforcement use only"?? The whole mag issue is such a mess and a pain in the ***...it ain't even funny. :mad:

Yes, technically you are allowed to replace the worn bodies of your legally acquired full capacity magazines with bodies that are dated after 2000 and/or marked LEO/Military only. BUT, in a letter from the DOJ, they stated that you would be "testing the limits" of the law. However, it is technically legal. If the mags are marked LEO, that might shift the burden of proof to you to demonstrate that you acquired them before Jan 1, 2000. But, I don't think evidence as trivial as that would shift the burden and thus it would be up to the prosecutor to prove beyond a reasonable doubt that you imported/bought the magazines after jan 1, 2000.