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NytWolf
08-23-2011, 11:55 AM
Is possession of a large capacity magazine illegal?
No. Possession of a large-capacity magazine is NOT illegal, no matter how you got it or when you got it.

I owned large-capacity magazine(s) since before January 1, 2000, are they legal?
Yes. If you possessed such magazines in California before that date, they are legal.
If you manufactured them, or brought them into California for the first time after that date, the law was broken.

These two questions and answers seem to contradict each other. The first one says you may possess any large-capacity magazine "no matter how you got it", yet the second answer states specifics. Doesn't "no matter how you got it" cover bringing it into the state? I know it's a moot point, but I guess what I'm doing is trying to point out the inconsistency in the answers.


Can I carry a concealed weapon while hunting?
Yes, if you have a hunting license you can carry a concealed firearm while hunting or going to and from a hunting expedition (12027(g) PC). However, you cannot carry loaded unless you are in compliance with 12031. A hunting license does not give you any special privileges regarded loaded carry: 12031 takes precedence over the CA hunting regulations.

Can I carry a concealed weapon while fishing?
Yes, if you have a fishing license you can carry a concealed firearm while fishing or going to and from a fishing expedition (12027(g) PC). However, you cannot carry loaded unless you are in compliance with 12031. A fishing license does not give you any special privileges regarded loaded carry: 12031 takes precedence over the CA fishing regulations.

I thought any licensed hunter or fisherman in the act of hunting or fishing, or traveling to or returning from a hunting or fishing expedition can carry loaded and concealed. Am I wrong?

dantodd
08-23-2011, 12:20 PM
These two questions and answers seem to contradict each other. The first one says you may possess any large-capacity magazine "no matter how you got it", yet the second answer states specifics. Doesn't "no matter how you got it" cover bringing it into the state? I know it's a moot point, but I guess what I'm doing is trying to point out the inconsistency in the answers.

No. because in the first case they are saying that possession is not illegal. In the second they are saying that the act of importing/mfg the magazines was a violation of the law. The possession after the importation isn't illegal it's the fact that you imported them that was illegal.


I thought any licensed hunter or fisherman in the act of hunting or fishing, or traveling to or returning from a hunting or fishing expedition can carry loaded and concealed. Am I wrong?

If you are hunting then you should be in an area where discharge is legal, I believe that is an exception within 12031.

So, you can carry unloaded and concealed to and from your hunting/fishing trip. But you can only load the weapon when you are in a location where discharge is legal.

Connor P Price
08-23-2011, 12:23 PM
These two questions and answers seem to contradict each other. The first one says you may possess any large-capacity magazine "no matter how you got it", yet the second answer states specifics. Doesn't "no matter how you got it" cover bringing it into the state? I know it's a moot point, but I guess what I'm doing is trying to point out the inconsistency in the answers.

I understand your thought process here, but no, they don't in fact contradict each other at all. Possession is never illegal, there is no crime of "possession of a large capacity ammunition feeding device." The crime would be the manufacturing, sale, import, offering for sale etc.

I thought any licensed hunter or fisherman in the act of hunting or fishing, or traveling to or returning from a hunting or fishing expedition can carry loaded and concealed. Am I wrong?

I'll leave that one for somebody who knows more than I do.

ETA: Dantodd was quick on that one! Pretty much what I was thinking wrt carry, but more eloquently spoken.

sirsloth
08-23-2011, 12:27 PM
It's not contradictory. The mere possession of large capacity magazines isn't illegal. It's only illegal to manufacture or import them into the state. If you were found in possession of high capacity magazines, the onus would be on the state to prove you manufactured or imported them.

As for you 2nd question, I believe hunting is allowed, but not fishing, but that was just from my quick perusal of the 12031 statute.

mrdd
08-23-2011, 12:31 PM
The first one says you may possess any large-capacity magazine "no matter how you got it", yet the second answer states specifics. Doesn't "no matter how you got it" cover bringing it into the state? I know it's a moot point, but I guess what I'm doing is trying to point out the inconsistency in the answers.

The point is that possession vs. importation or manufacturing are different acts. Importation or manufacturing are prohibited under the law, but simple possession is not. So, if you buy them out of state tomorrow and bring them into the state you have committed the crime of importation, but possessing them in the state is not illegal.

What really happened on 1/1/2000 was that importation, manufacturing, selling, etc. became a crime but NOT simple possession. The confusing part is that magazines "possessed" in the state as of the cutoff are forever exempted from the crime of importation. You can take such a magazine out of the state and bring it back in, without committing a crime. However, you may not sell them inside the state. You probably cannot even offer to sell them to someone outside the state, the way the law is written.

NytWolf
08-23-2011, 12:37 PM
If you are hunting then you should be in an area where discharge is legal, I believe that is an exception within 12031.

So, you can carry unloaded and concealed to and from your hunting/fishing trip. But you can only load the weapon when you are in a location where discharge is legal.

I must not be seeing it. When I read PC 12031, it doesn't seem to cover areas of legal discharge that hunting would require.
http://law.onecle.com/california/penal/12031.html

mrdd
08-23-2011, 12:58 PM
The PC states:

12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.
(f) As used in this section, "prohibited area" means any place
where it is unlawful to discharge a weapon.

So, you cannot carry loaded in public in an incorporated area, or in any public area of an unincorporated area where discharge is illegal. Presumably, you are hunting in areas where discharge is legal.