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markherm0
01-26-2011, 11:32 PM
Sorry if this has been raised but doing a search on "Pre Ban Hi Cap Mags" leads to zillions of posts.

Here is the question:

It's based on research I've been doing on research on NFA trusts (which protect heirs from inheriting Class 3 arms). Such a trust will be established when I exit this state in 7 years and enjoy newly found freedoms.

My wife and I recently established a conventional trust & will within this fine state. Here's the issue - I have a number of pre ban high cap mags (both AR15 - 30 rounders and handgun - HK & Glock) all purchased prior to 2000. I've established my will so that my hrirs inherit my guns and accessories including the mags. However, as I understand the laws my heirs will become felons if they inherit the hicap mags.



IS THIS CORRECT?

Librarian
01-26-2011, 11:40 PM
No.

It isn't illegal to RECEIVE them.

But it IS illegal to give them. So you, your estate or executor would be well advised not to try to transfer the magazines within CA. At least, until the law is changed.

Let's hope distribution is far in the future!

LMT4ME
01-26-2011, 11:54 PM
Could this be a possible angle for overturning this law?

Joe
01-26-2011, 11:57 PM
So my daughter or nephews who inherited my stuff (hi cap mags) would unknowingly become felons? Could this be a possible angle for overturning this law?

No because they received them and thats legal. But your dead body will be guilty of a felony. And they'll likely dig you out of your grave and make you stand trial.

LMT4ME
01-27-2011, 12:33 AM
Ok so let's all pitch in and find some terminally ill supporter. He goes out of state and buys a million mags and transports them into this fair state (the only crime). Upon his death his will distributes said mags to all deprived Caly citizens (who by chance contributed to his family) named in his will.

BigFatGuy
01-27-2011, 1:09 AM
This brings up an interesting related question:

If you were cleaning out a family member's gun safe post-death and found normal capacity magazines which were not mentioned in the will, would that be legal?

They aren't willed or given to you, but you can't just leave them be...

GOEX FFF
01-27-2011, 9:18 AM
My post is NOT to try and circumvent the law.. BUT if there is nothing illegal of "receiving" or "obtaining"..... just for a hypothetical and I'm sure this has been asked before.....what if a person throws a pre-owned "hi-cap" magazine away in the trash no longer wanting them. And another person finds and retrieves them from a dumpster?
There was nothing given, loaned, nor transferred, nor sold.. etc..

pointedstick
01-27-2011, 9:24 AM
My post is NOT to try and circumvent the law.. BUT just for a hypothetical and I'm sure this has been asked before.....what if a person throws a pre-owned "hi-cap" magazine away in the in the trash no longer wanting them. And another person finds and retrieves them from a dumpster?
There was nothing given, loaned, nor transferred, nor sold.. etc..

There is nothing illegal about owning high-caps or acquiring them in an intrastate manner. Now, acquiring them interstate constitutes import and is illegal. Ditto for giving or selling high-caps. If you magically find an un-owned high-capacity magazine, it's yours and you're legal. Shoot the crap out of it.

GOEX FFF
01-27-2011, 9:42 AM
Yeah a highly unlikely situation, IANAL, but legal it seems no less.

I had a friend way back who use to dumpster dive and would build full working computers out of parts he'd find in the trash. He'd find all kinds of oddities.. no magazines though. lol

Librarian
01-27-2011, 11:13 AM
There is nothing illegal about owning high-caps or acquiring them in an intrastate manner. Now, acquiring them interstate constitutes import and is illegal. Ditto for giving or selling high-caps. If you magically find an un-owned high-capacity magazine, it's yours and you're legal. Shoot the crap out of it.

Not correct. No California resident or unlicensed CA FFL may sell or give them to a non-exempt CA resident, either.

Let's have a little less "magic" in our lives.