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View Full Version : Question about Hi-Cap Mags


Noonanda
08-30-2006, 5:22 AM
I have a Question about some hi-cap mags I own. I have like 6 AR-15/M-16, and 2 AK-47 that I have owned since like 93-94 timeframe. But I dont have the reciepts for em(bought em at a gunshow and didnt keep the reciepts). Being that I am military, I can bring my AR and AK to cali and register them as "assault weapons", but how do I go about proving the mags were owned before the hi-cap Ban? I purchased these mags in California when I first got to pendleton, bought the AK mags for novelty, M-16 cause I was motivated. Is the burden of proof on me or on the state, cause if it is on the state Im bringin them back to cali with me. Thanks

-hanko
08-30-2006, 5:31 AM
But I dont have the reciepts for em(bought em at a gunshow and didnt keep the reciepts). ....but how do I go about proving the mags were owned before the hi-cap Ban? Is the burden of proof on me or on the state, cause if it is on the state Im bringin them back to cali with me. Thanks
No receipts required, no proof needed. Burden of proof is on the state.

I'm sure somebody will respond with a more detailed post, but that's it in summary. Enjoy:D

-hanko

bwiese
08-30-2006, 5:41 AM
Hmmm, I think the answer may be "it depends" as far as legality.

If you are a CA resident and were just stationed out of state but maintained your CA residency across the 1/1/2000 transition date, you're OK. After all, you're allowed to bring your mags out of and back into CA during travels. Hell, I'll be travelling to Oregon soon w/2 ARs and several mags.

However, if you gave up CA residency and moved to whereever you are now, I am not sure if bringing those mags back in might or might not be considered "importation".

Another variation is if you moved out of CA but left your mags here (under your control/storage). I think in this case you'd be OK.

Burden of proof is on the gov't not you. However you start having problems if it's clear from residency info that you were not in CA continually.

Noonanda
08-30-2006, 6:51 AM
I was a cali resident when I bought em, but changed residency to Oklahoma in 2005, I moved here in 2002. But I will be changing back to cali once I move back in state, If they want to push it, I was a Cali residnet when I purchased them and only changed to Oklahoma when my DL was getting ready to expire.

shonc99
08-30-2006, 8:17 AM
I started a thread about the MAWP not to long ago. If you have questions, PM me.

http://www.calguns.net/calgunforum/showthread.php?t=38180

mailman
08-30-2006, 10:12 AM
I would say that is a nono and bringing them WOULD be "importation". your screwed

Matt C
08-30-2006, 12:31 PM
Yeah, I don't see how you could do both. I can't import an AW because I kept my CA residency(no good for gun stuff but I saved about 10k on school) but I can have my standard cap mags since technically I never left.

bu-bye
08-30-2006, 12:35 PM
SHHHHHHHHHHHH

I wise man closes his mouth just lives life:D

bwiese
08-30-2006, 12:44 PM
Do remember that an MAWP itself just gives a permit for the AW and not the mags (unless they can write in some sort of exemption that effectively is a discretionary hicap mag permit),

grammaton76
08-30-2006, 1:19 PM
Another thing that would've worked, is if you happened to have left them at your parents' place or whatnot. As Bill pointed out, storage locker or whatnot would be best, but parents' place would be adequate. I'm assuming your parents probably live here, right?

onley11
08-30-2006, 1:30 PM
Burden of proof is on the state. During a traffic stop you need to be nice and let them know you had the mag since before the ban. Importation, Selling, Exposing for sale, or Manufacturing. Don't do these in front of a leo or leave a paper trail. Possession is ok.

And if the cop really wants your magazines ask for a recipt. I almost had my glock mags disappear into a officers mag pouch, but I more or less quoted the statue without being a jerk, and they backed off. Searched the heck out of my car looking for a gun, but I didn't have one.

tpliquid1
08-30-2006, 1:31 PM
theres always one way. which is dont tell no1.

Noonanda
08-30-2006, 1:46 PM
Nope but they "could have" resided at my father-in-laws. Im not sweating it, I was a CA resident when I bought them so in my eyes I am not re-importing an item that was bought in Cali

rorschach
08-30-2006, 2:15 PM
Sure, but what is OK in your eyes, may not be OK in the eyes of the DOJ.

If you possessed them as a resident of another state while the ban was imposed, you would be importing them into the state when you returned.

But of course, you wouldnt have to do that because they never left this state, and have been at your father in laws.

shonc99
08-30-2006, 4:09 PM
Don't forget the DOJ classic reply "We leave the interpretation of the laws that we are responsible for to the 58 DA's to decide. They may see things differently" :rolleyes: :confused:

Noonanda
08-30-2006, 7:55 PM
Sure, but what is OK in your eyes, may not be OK in the eyes of the DOJ.

If you possessed them as a resident of another state while the ban was imposed, you would be importing them into the state when you returned.

But of course, you wouldnt have to do that because they never left this state, and have been at your father in laws.


I was a resident until last year, they didnt send me the paperwork to renew my license (even after I requested it 2 times) so I had no choice. Worked out in the long run cause I bought some nice toys here. But I was a resident when I bought them, Was a resident when I left Cali. The DOJ can bite my Combat Action Ribbon & Purple Heart wearing USMC butt. It annoys me to no end the stupid crap that we have to put up with cause of idiots like feinstien and some of the other Antis.

Rant off LOL