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View Full Version : Semi Auto Pistol Magazine Legality ???


SemiAutoSam
04-17-2006, 9:25 PM
--(.)(.)--

ohsmily
04-17-2006, 9:28 PM
This isn't a difficult question to answer...

If someone possessed the full capacity magazines BEFORE 1-1-2000, then they are fine. Done.

RRangel
04-17-2006, 9:28 PM
If you owned the mags before the ban the burden of proof is not on the owner.

There can be no transfer of said magazines.

bountyhunter
04-18-2006, 10:53 AM
HEY all legal heads who knows or thinks they know if having a semiauto pistol with a 15 or 20 round mag is legal or does one have to register their mags in the PRC ?
the person in question has owned the weapon and mags for the last 20 years or so. So its not a new purchase or anything like that. Long before all this Cal Doj drop test BS.

Thanks for your thoughts on this in advance

Any hi-cap (greater than ten) magazine is legal if and only if the person owned it prior to the ban here in state. It sounds like he did own them, so it is no worries.

The only people who will get screwed are those who brought in magazines marked "LE Only" because that designator proves the mags were manufactured after the ban.

JGarrison
04-18-2006, 11:29 AM
That ban is almost un-enforceable, actually it is unless your mags have a born on date.

ohsmily
04-18-2006, 11:31 AM
The only people who will get screwed are those who brought in magazines marked "LE Only" because that designator proves the mags were manufactured after the ban.

Wrong...you can legally replace the damaged or worn bodies of your full capacity magazines with magazine bodies that say "LE Only" or dated after 1-1-2000. Keeping the old replaced parts would be a good idea in case you are ever subjected to scrutiny...however, that being said, having LEO marked bodies does NOT shift the burden and thus they still must prove that you acquired the magazine on or after 1-1-2000 (nearly impossible). It is a toothless law EXCEPT for those people who were born on or after 1-1-2000 because there is no legal way (as civilians) they could have acquired full capacity magazines.

xrMike
04-18-2006, 12:10 PM
Wrong...you can legally replace the damaged or worn bodies of your full capacity magazines with magazine bodies that say "LE Only" or dated after 1-1-2000. Keeping the old replaced parts would be a good idea in case you are ever subjected to scrutiny...however, that being said, having LEO marked bodies does NOT shift the burden and thus they still must prove that you acquired the magazine on or after 1-1-2000 (nearly impossible). It is a toothless law EXCEPT for those people who were born on or after 1-1-2000 because there is no legal way (as civilians) they could have acquired full capacity magazines.So what you're saying is -- if a person could obtain 10+ round AR-15 mags ("std/normal capacity") outside the state that were not marked with the date of manufacture in any way, the person could probably use those mags in CA without fear of incarceration, and if any LEOs or other authority figures ever said to him: "Hey, those are illegal!" he could reply: "Nah, I bought them before 1/1/2000. Can you prove otherwise? No? Have a nice day then, officer."

ohsmily
04-18-2006, 12:15 PM
So what you're saying is -- if a person could obtain 10+ round AR-15 mags ("std/normal capacity") outside the state that were not marked with the date of manufacture in any way, the person could probably use those mags in CA without fear of incarceration, and if any LEOs or other authority figures ever said to him: "Hey, those are illegal!" he could reply: "Nah, I bought them before 1/1/2000. Can you prove otherwise? No? Have a nice day then, officer."

Yes, that is correct, BUT, doing so would be illegal. I do not advise doing anything illegal.

One small tweak to your hypothetical though. If an officer has probable cause, then he can arrest you for what crime he has cause to be believe you committed, it is the prosecution who must prove beyond a reasonable doubt that you acquired them on or after 1-1-2000. There is a lower standard for arrest then there is for prosecution (and for good reason).

xrMike
04-18-2006, 12:21 PM
Yes, that is correct, BUT, doing so would be illegal. I do not advise doing anything illegal.Of course you wouldn't! And I would never do anything illegal like that either.

I just wanted to make sure I understood the situation correctly. ;) Thanks for the explanation.

bountyhunter
04-19-2006, 3:14 PM
So what you're saying is -- if a person could obtain 10+ round AR-15 mags ("std/normal capacity") outside the state that were not marked with the date of manufacture in any way, the person could probably use those mags in CA without fear of incarceration, and if any LEOs or other authority figures ever said to him: "Hey, those are illegal!" he could reply: "Nah, I bought them before 1/1/2000. Can you prove otherwise? No? Have a nice day then, officer."

As for "obtaining" high-cap tubes for "replacement" purposes.... the manufacturers will simply not ship them to kali. period. That means you have to go out of state, buy them, and then haul them in. Good luck if you get caught.

ohsmily
04-19-2006, 5:45 PM
As for "obtaining" high-cap tubes for "replacement" purposes.... the manufacturers will simply not ship them to kali. period. That means you have to go out of state, buy them, and then haul them in. Good luck if you get caught.

You don't need luck...nothing illegal about bringing magazine tubes into the state to replace worn old ones, nor would the fact that you are driving them into the state be probative of you breaking any laws...

yiha
04-19-2006, 5:57 PM
besides, those magazine parts could have been with you when you left cali in the first place too...

pretty much the only way they could catch you is if they sell you mags with radio transponders in them and follow you all the time across the border while keeping you under so close surveilance that there is no possible way you could have replaced old mag parts with new ones on the way.. then MAYBE.