View Full Version : who is exempt on full capcaity magazines
10-01-2011, 11:45 PM
I am looking to win a bet with a co-worker.
We have the penal code book, but cant find where it states who can legally get them. Not if ya had them before date "x", but who can order one legally today.
Thanks for the help
10-01-2011, 11:48 PM
here is the list of exemptions to the large-cap mag ban,
(19) The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.
(20) The sale to, lending to, transfer to, purchase by, receipt of, or importation into this state of, a large capacity magazine by a sworn peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of his or her duties.
(21) The sale or purchase of any large-capacity magazine to or by a person licensed pursuant to Section 12071.
(22) The loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met:
(A) The person being loaned the large-capacity magazine is not prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition.
(B) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.
(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.
(24) The lending or giving of any large-capacity magazine to a person licensed pursuant to Section 12071, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine.
(25) The return to its owner of any large-capacity magazine by a person specified in paragraph (24).
(26) The importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 12079, when those activities are in accordance with the terms and conditions of that permit.
(27) The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine, to or by entities that operate armored vehicle businesses pursuant to the laws of this state.
(28) The lending of large-capacity magazines by the entities specified in paragraph (27) to their authorized employees, while in the course and scope of their employment for purposes that pertain to the entity's armored vehicle business.
(29) The return of those large-capacity magazines to those entities specified in paragraph (27) by those employees specified in paragraph (28).
(30)(A) The manufacture of a large-capacity magazine for any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.
(B) The manufacture of a large-capacity magazine for use by a sworn peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of his or her duties.
(C) The manufacture of a large-capacity magazine for export or for sale to government agencies or the military pursuant to applicable federal regulations.
(31) The loan of a large-capacity magazine for use solely as a prop for a motion picture, television, or video production.
(32) The purchase of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 12095, 12230, 12250, 12286, or 12305, for any of the following purposes:
(A) For use solely as a prop for a motion picture, television, or video production.
(B) For export pursuant to federal regulations.
(C) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations.
10-02-2011, 7:31 AM
So, if I film myself while shooting using a standard capacity magazine, can I claim it is being used as a prop for a motion picture?
10-02-2011, 11:43 AM
you can buy them from anyone legally allowed to sell them
#27 is the biggest unexploited clause ive ever seen
10-02-2011, 11:46 AM
If the full capacity magazine holds at most 10 rounds, anybody can buy them.
10-02-2011, 11:54 AM
How can LEOs buy them but us peons can't?
No "equal protection"?
Seems unconstitutional to me :shrug:
10-02-2011, 12:03 PM
Having been here for quite some time I have heard that it's legal to purchase time and time again so I'm going off of that information. I have never seen someone cite the law that you have in these types of topics.
If I am incorrect about something that's more than fine, but you can state your correction politely.
I'm often brusque when people continue to pass out laughably incorrect urban legend information that's been refuted repeatedly and which doesn't pass a common-sense smell test.
These people then shout 'possession is not a crime' and ignore the path to that was illegal. That's from the "I have two dead hookers in my trunk but my taillights work and tags are current, so it's legal..." school of law.
You generally cannot commit 'half a crime' - "yeah, it's legal for me to buy or get but not legal for him to sell."
Assume what you said doesn't even remotely pass the smell test.
The danger of what you repeated is that folks will pipe up in an LEO or DA contact situation and talk themselves into jail instead of STFUing and saying 'prove it's illegal, talk to my lawyer'.
Most folks here - esp the younger ones - simply do not have the verbal agility nor skill under duress to deal with questioning in a stressful situation.
Furthermore, please see PC 31 & 32:
PC 31: All persons concerned in the commission of a crime, whether it be felony
or misdemeanor, and whether they directly commit the act constituting the offense,
or aid and abet in its commission, or, not being present, have advised and encouraged
its commission, and all persons counseling, advising, or encouraging children under
the age of fourteen years, or persons who are mentally incapacitated, to commit
any crime, or who, by fraud, contrivance, or force, occasion the drunkenness
of another for the purpose of causing him to commit any crime, or who, by
threats, menaces, command, or coercion, compel another to commit any crime,
are principals in any crime so committed.
10-02-2011, 12:24 PM
Asked and answered.
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