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Deadbolt
09-03-2010, 9:27 AM
I have a pre-ban mag and Im selling the handgun it goes to.


What are the proper steps I need to take to be able to include a "rebuild kit" with the pistol?

Thanks in advance

vta
09-03-2010, 9:29 AM
take it apart. you may as well keep it since no one else is legally allowed to use it in CA.

Deadbolt
09-03-2010, 9:34 AM
take it apart. you may as well keep it since no one else is legally allowed to use it in CA.

you mean no one else in CA is legally allowed to re-assemble it to its original capacity, correct?


I dont really need it once this pistol is gone. And if i ever do own another similar firearm, i wont be living in this state at that point anyway.

nazgulnarsil
09-03-2010, 9:35 AM
the new owner can keep it for parts (always a good idea to have spare parts for your firearms) or just keep it to use if he ever leaves the state.

vta
09-03-2010, 9:43 AM
you mean no one else in CA is legally allowed to re-assemble it to its original capacity, correct?


I dont really need it once this pistol is gone. And if i ever do own another similar firearm, i wont be living in this state at that point anyway.

no one unless they are exempt from the high capacity ban like a LEO. i suppose if you know you will never use it again, sell it as a kit.

only the owner of the mag prior to the ban is allowed to use them. the transfer of ownership after the ban is only allowed as parts. the ability to use them in CA will die with you. you cant even give them to your kids as complete mags.

Deadbolt
09-03-2010, 9:45 AM
no one unless they are exempt from the high capacity ban like a LEO. i suppose if you know you will never use it again, sell it as a kit.

only the owner of the mag prior to the ban is allowed to use them. the transfer of ownership after the ban is only allowed as parts. the ability to use them in CA will die with you. you cant even give them to your kids as complete mags.

Ok. Just making sure that disassembly and "sold as parts" absolves me from "offering for trade" aspect of the ban.

evidens83
09-03-2010, 9:47 AM
Disassemble it and sell it as a rebuild.

vta
09-03-2010, 9:49 AM
Ok. Just making sure that disassembly and "sold as parts" absolves me from "offering for trade" aspect of the ban.

selling, trading, gifting aspects of the penal code are all pertinent only to it as a complete mag. when they are disassembled as parts, anything goes.

a308garand
09-03-2010, 10:00 AM
Keep the magazine. You may end up buying the same type of gun later on in life.

Those standard capacity magazines come in handy (sometimes years later) when you buy a gun that it fits.

realmswalker
09-03-2010, 12:32 PM
Just curious, what pistol does that magazine belong to?

Deadbolt
09-03-2010, 12:36 PM
a 1992 S&W 6906

jamesonamac
09-03-2010, 9:48 PM
How does the magazine question differ from the "constructive possession" you can be charged with (example: you have a 7 1/2" AR upper and a complete AR, it could be considered you have an illegal handgun)? I know that may be an apples and oranges type comparison, but what is to stop an aggressive prosecutor from charging the seller of a high capacity "rebuild kit?" I think it is not beyond reality that he could convince a jury you did something wrong or violated the intent of the ban. If whomever you sell it too puts it together and gets caught with it, he could point the finger right back at you for selling it to him. People say the darnedest things when a DA is leaning on them, especially when there is a threat to their freedom and an offer of immunity is thrown in. I have seen mag kits being sold here numerous times without any issues, but for me a $30 high cap. mag "kit" is not worth risking my freedom, my job, or even the hassle of going through something like that.

Munk
09-03-2010, 10:01 PM
How does the magazine question differ from the "constructive possession" you can be charged with (example: you have a 7 1/2" AR upper and a complete AR, it could be considered you have an illegal handgun)? I know that may be an apples and oranges type comparison, but what is to stop an aggressive prosecutor from charging the seller of a high capacity "rebuild kit?" I think it is not beyond reality that he could convince a jury you did something wrong or violated the intent of the ban. If whomever you sell it too puts it together and gets caught with it, he could point the finger right back at you for selling it to him. People say the darnedest things when a DA is leaning on them, especially when there is a threat to their freedom and an offer of immunity is thrown in. I have seen mag kits being sold here numerous times without any issues, but for me a $30 high cap. mag "kit" is not worth risking my freedom, my job, or even the hassle of going through something like that.

Posession isn't a crime. All machines need repair, especially when parts are sliding against one another, or can be dented easily. Since there are a good number of legally acquired "hi-cap" mags, there is a significant need for replacement parts.

Constructive posession applies to items that have little to no alternate legitimate purpose or possible construction.

jtmkinsd
09-03-2010, 10:11 PM
How does the magazine question differ from the "constructive possession" you can be charged with (example: you have a 7 1/2" AR upper and a complete AR, it could be considered you have an illegal handgun)? I know that may be an apples and oranges type comparison, but what is to stop an aggressive prosecutor from charging the seller of a high capacity "rebuild kit?" I think it is not beyond reality that he could convince a jury you did something wrong or violated the intent of the ban. If whomever you sell it too puts it together and gets caught with it, he could point the finger right back at you for selling it to him. People say the darnedest things when a DA is leaning on them, especially when there is a threat to their freedom and an offer of immunity is thrown in. I have seen mag kits being sold here numerous times without any issues, but for me a $30 high cap. mag "kit" is not worth risking my freedom, my job, or even the hassle of going through something like that.

It's not illegal to own gun "parts". If your upper is completely disassembled it is just parts. The constructive possesion comes into play when you would only have to pop two pins and presto-chango, you have an AR pistol. Now, here is my disclaimer...lol...there is NOTHING standing in the way of a prosecutor going after you for anything...but your argument gets a lot stronger if your "upper" looks like a jig saw puzzle

jamesonamac
09-03-2010, 10:29 PM
Posession isn't a crime.

I'm not really thinking about the guy that ended up with it as much as the guy that sold it.

It's not illegal to own gun "parts". If your upper is completely disassembled it is just parts. The constructive possesion comes into play when you would only have to pop two pins and presto-chango, you have an AR pistol. Now, here is my disclaimer...lol...there is NOTHING standing in the way of a prosecutor going after you for anything...but your argument gets a lot stronger if your "upper" looks like a jig saw puzzle
Insert spring install floorplate and presto chango, you have a illegal hi cap. I know what you guys are saying, and no one thinks the gun laws are as stupid as I do. But personally, I like to avoid any trouble if at all possible. I thought I would throw in my opinion of why I don't take apart mags and sell them as kits. But I do admit to being a little paranoid from time to time.:TFH:

jtmkinsd
09-03-2010, 10:42 PM
But I do admit to being a little paranoid from time to time.:TFH:

lol...you're not alone

The laws are stupid...yes, you can assemble your high cap mag parts kit and make it into something that is illegal for you to have...but if it ever came down to having to explain it to a judge, they are just parts...in a disassembled state. In a disassembled state they cannot be used, so it is not a magazine by definition. (and the judge would know this)

supermario
09-03-2010, 11:06 PM
I'm not really thinking about the guy that ended up with it as much as the guy that sold it.


Insert spring install floorplate and presto chango, you have a illegal hi cap. I know what you guys are saying, and no one thinks the gun laws are as stupid as I do. But personally, I like to avoid any trouble if at all possible. I thought I would throw in my opinion of why I don't take apart mags and sell them as kits. But I do admit to being a little paranoid from time to time.:TFH:


If the person buying the mags, already owns preban hi cap mags prior to 2000 and happens to actually repair some of his preban mags, its 100% legal to buy those hi cap mag rebuild kits and fix his mags as long as he ends up with the same amount of mags that he started with. If two mags need repair and you buy 2 rebuild kits, then you must have 2 mags at the end and not 4. You would be suprised how many people have preban hi cap mags prior to 2000. There used to be alot of double action S&W 9mm handguns back in day before every gun company started to copy the Glock. Just like there are a ton of preban hicap glock mags in this state.

69Mach1
09-03-2010, 11:14 PM
http://www.calguns.net/calgunforum/showthread.php?t=124709