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Pulsar
09-02-2006, 1:01 PM
Just a hypthetical, say you had some hi cap (from here on referred to as standard cap) mags that you purchased before the ban. For some reason you had to move out of the state for a couple years, and then sadly you have to move back into the state, what is the fate of these magazines? Just seems like a gray area to me.

M. Sage
09-02-2006, 4:54 PM
I thought if you were a resident of another state, it didn't matter if they were left here?

Hunter
09-02-2006, 6:01 PM
Just a hypthetical, say you had some hi cap (from here on referred to as standard cap) mags that you purchased before the ban. For some reason you had to move out of the state for a couple years, and then sadly you have to move back into the state, what is the fate of these magazines? Just seems like a gray area to me.


You would be OK to bring them back in as there is no time line stated for how long they can be out of state nor are there any residency requirements.

You only had to legally posses them in the state prior to 1-1-2000.


PC 12020.
(a)Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:
(2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.

(b) Subdivision (a) does not apply to any of the following:

(23) The importation of a large-capacity magazine by a person who
lawfully possessed the large-capacity magazine in the state prior to
January 1, 2000, lawfully took it out of the state, and is returning
to the state with the large-capacity magazine previously lawfully
possessed in the state.

railroader
09-06-2006, 7:49 PM
Hunter, the text you are quoting is from a bill that hasn't passed. http://info.sen.ca.gov/pub/bill/sen/sb_1001-1050/sb_1042_bill_20050222_introduced.html

Mark

mcrd
09-06-2006, 7:54 PM
turn them in dont be a fool

JPglee1
09-07-2006, 7:07 AM
You would be OK to bring them back in as there is no time line stated for how long they can be out of state nor are there any residency requirements.

You only had to legally posses them in the state prior to 1-1-2000.

Imagine trying to convince LEO that you lawfully owned the mags and you are just coming back from an out of state shoot :eek:

Better get some bills of sale... I know I bought most of my mags at gun shows so now I don't really have a bill of sale, as such I don't take std. cap. mags anywhere, I only shoot 10s out and about.


J

Fate
09-07-2006, 12:12 PM
turn them in dont be a fool
Turn them in? Jeez.

At least sell them on the Equipment Exchange at AR15.com if you're going to get rid of them. Never just give your PROPERTY away to "authorities" if you can sell it.

Fate
09-07-2006, 12:19 PM
Imagine trying to convince LEO that you lawfully owned the mags and you are just coming back from an out of state shoot :eek:
You don't HAVE to convince LEO you owned them prior to Dec 31, 1999 and are bringing them back into the state.

The burden of proof falls on the LEO to demonstrate you didn't previously own them. But if the standard capacity mags you have in your possession were manufactured after 2000, you're SOL.

mailman
09-07-2006, 1:07 PM
The Mags Need To Stay In A Free State Or Be Distroyed/turned In, Period, THERE IS NO GREY AREA!




.

the_quark
09-07-2006, 7:52 PM
Hunter, the text you are quoting is from a bill that hasn't passed. http://info.sen.ca.gov/pub/bill/sen/sb_1001-1050/sb_1042_bill_20050222_introduced.html

Mark

:confused: That does seem to be the passed law:
http://caselaw.lp.findlaw.com/cacodes/pen/12020-12040.html


12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:

...

[12020.(a)](2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.

...

[12020.](b) Subdivision (a) does not apply to any of the following:

...

[12020.(b)](23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning
to the state with the large-capacity magazine previously lawfully
possessed in the state.


Obviously, I'm not a lawyer, and this is not legal advice, but, if it were *me* I would think that owning a magazine prior to 01/01/00, moving out, staying out for some time, and moving back, is expicitly protected under the law.