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View Full Version : So my dad wants to give me his 10/22 (preban question)


motorwerks
04-27-2011, 11:21 AM
Its pre-CA 10 round ban and comes with a stack of 30 rounders. So my question is.... can he legally give me these as my Father? I seem to remember it as they can't be bought sold or imported, but I don't know about given from Father to Son, and once that transaction happens can shoot with them in my preban gun that I shot with them all the time as a kid????

Whats fun is hes Retired LEO and he has no idea since he's been out of uniform for a handful of years now.

MaHoTex
04-27-2011, 11:23 AM
No.

CAL.BAR
04-27-2011, 11:30 AM
NO! They must be sold out of state. No interfamilial exception to hi-cap mag ban.

motorwerks
04-27-2011, 12:13 PM
Suck. Guess he keeps those. So what about the one of the batch that I bought..... We aren't 100% sure which one it is but I did buy one of them back in the early 80's with my cash as a kid. I assume that one is good to go?

Jinxo
04-27-2011, 1:15 PM
Suck. Guess he keeps those. So what about the one of the batch that I bought..... We aren't 100% sure which one it is but I did buy one of them back in the early 80's with my cash as a kid. I assume that one is good to go?

Technically, since you bought it before the ban you are grandfathered, you can only sell/transfer to out of state.

Realistically. I would stick with the 10 rounders because why bother with judicial/legal hassles for no reason?

ojisan
04-27-2011, 1:25 PM
100% legal to own and use that mag you bought before the ban in a old or new 10/22.

See here for lots more info:
http://www.calguns.net/calgunforum/showthread.php?t=387409

SB23hater
04-27-2011, 1:32 PM
Here is some more info just in case something (heaven forbid) happens to your dad.
No. Pursuant to California Penal Code section 12285(b), any person who obtains title to a registered assault weapon by bequest or intestate succession shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer who has a permit from the Department of Justice to purchase assault weapons, obtain a permit from the Department of Justice to possess assault weapons, or remove the weapon from this state.

Peter.Steele
04-27-2011, 2:08 PM
You said that you used to shoot with them when you were a kid. It's too bad your dad didn't just give them to you then. If you'd owned them then there would be no question about it now. He'd just give you the rifle, and you'd use it with the magazines that you'd owned when you were a kid.

Sadly, that window of opportunity has been closed for quite some years now.

TreadonmenoT
04-27-2011, 2:25 PM
how do you prove that you owned them before the ban... do you have to have receipts, or have registered the mags or something...?

motorwerks
04-27-2011, 3:20 PM
how do you prove that you owned them before the ban... do you have to have receipts, or have registered the mags or something...?

Generally burden of proof is on LEO and the DA. But I don't know how the hell ether I or they would prove ether way. It sucks really. I remember being at wild sports with my dad and saying is that all your getting I want one of my own. So I bought one with my allowance. It was a HUGE deal to me when I was a kid, I'm pissed I didn't buy a crate! :D

1-M-42
04-27-2011, 3:34 PM
There is no way for us (LEO) to know if you possessed them pre-ban. The only time would be if it was a post ban manufacture, like Pmags for an AR. I'm sure your dad bequeathed them to you years ago.
On a side note, stick with the factory 10 rd mags for the 10/22, they work better, last longer and don't look silly.

mindwip
04-27-2011, 4:49 PM
As a side note pmags are legal, you can rebuild an old mag into a pmag. No law broken, you started with one mag you ended with one mag and they both fit in the same rifle.

Oceanbob
04-27-2011, 5:08 PM
You're good.

It is not against the law in California to own or possess high capacity magazines.

Just learn to not answer leading questions. (zip it)

If anyone ever asks, just say "Yes, I own this magazine"

Say nothing else. No PC exists for owning a high cap mag.

We can't find anyone that was arrested for (primary arrest) having a high
capacity magazine.

If you're a 20 year old gang member with an AK-47 Assault Rifle and a 30 round magazine, you can expect the DA will add on the mag charge to his list of 23 felonies. ;)

Oceanbob
04-27-2011, 5:12 PM
how do you prove that you owned them before the ban... do you have to have receipts, or have registered the mags or something...?

No proof of anything is required. Mainly because it is not illegal to own or possess high capacity magazines.

So no PC exists for an arrest to begin with.

Like anything else in life...it's usually our big mouth that gets us in trouble.

Best not to talk to police or anyone else about 'Origins' of your magazines, because even Rebuilding old mags into New mags is legal, you might not be able to provide details requested...so it's best to KEEP YOUR MOUTH SHUT.

simple.

IW378
04-27-2011, 6:55 PM
Here is some more info just in case something (heaven forbid) happens to your dad.
No. Pursuant to California Penal Code section 12285(b), any person who obtains title to a registered assault weapon by bequest or intestate succession shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer who has a permit from the Department of Justice to purchase assault weapons, obtain a permit from the Department of Justice to possess assault weapons, or remove the weapon from this state.
It's a rimfire rifle. Not a centerfire rifle. Where did he say the 10/22 was registered as as assault weapon ?

Quiet
04-27-2011, 6:59 PM
Here is some more info just in case something (heaven forbid) happens to your dad.
No. Pursuant to California Penal Code section 12285(b), any person who obtains title to a registered assault weapon by bequest or intestate succession shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer who has a permit from the Department of Justice to purchase assault weapons, obtain a permit from the Department of Justice to possess assault weapons, or remove the weapon from this state.

This has no bearing on what the OP asked.

PC 12285(b) deals with registered assault weapons.

1-M-42
04-27-2011, 7:14 PM
As a side note pmags are legal, you can rebuild an old mag into a pmag. No law broken, you started with one mag you ended with one mag and they both fit in the same rifle.

Correct, I was making reference to the newer ones that have different features. Thanks for clarifying.

motorwerks
04-27-2011, 9:52 PM
Like anything else in life...it's usually our big mouth that gets us in trouble.

Best not to talk to police or anyone else about 'Origins' of your magazines, because even Rebuilding old mags into New mags is legal, you might not be able to provide details requested...so it's best to KEEP YOUR MOUTH SHUT.

simple.

LOL I grew up in a law enforcement family. Both my Parents were cops, my Uncle's an Attorney and I'm a legal Videographer (and an EMT/Firefighter) I've sat through over 300 Depositions..... if there's one thing I know how to do, it's shut my damned mouth. :D

motorwerks
04-27-2011, 9:55 PM
On a side note, stick with the factory 10 rd mags for the 10/22, they work better, last longer and don't look silly.
Good point! I just figured if I could legally run them they would be really handy, for Appleseed.

mindwip
04-27-2011, 11:25 PM
1-M-42, what features are you talking aboug, I dont follow all the latest with pmag?

Cokebottle
05-08-2011, 7:12 PM
Stop the train... let's go back to the station for a second.

You bought one of the magazines from your father in the 80s?
So, would it be correct to assume that you USED all of the magazines in that gun during the 80s?

If so, then PC12020(b)(23) would apply:
(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.
Now... since you legally possessed the magazines prior to the ban, you would today be exempt from importing them into California.

Take a trip to Vegas, have your father hand you the magazines there, and lawfully import them when you return home.

Possession is not a crime. The crime would be (for you) importation or manufacture. That would not happen if your dad gave you the mags.
The crime for your dad would be "giving" the magazines to you.

If the gift takes place outside of California, no crime has been committed on his end.
Since you lawfully possessed the magazines prior to the ban, you may lawfully import them today.


It's not the spirit of the law, but it is fully within the letter of the law.

motorwerks
05-08-2011, 9:23 PM
Stop the train... let's go back to the station for a second.

You bought one of the magazines from your father in the 80s?
So, would it be correct to assume that you USED all of the magazines in that gun during the 80s?


I bought the magazine from wild sports when I was about 10 or 11 so 85 or 86ish. I sure as hell did use all of those magazines in that gun in the 80's and 90's :D

I'm kinda over it though. I told him just to keep them for a rainy day, and that I'll just take the one that we think I bought.

rojocorsa
05-10-2011, 3:34 PM
Dumbest. Laws. Ever.