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JeremyS
10-12-2011, 9:44 PM
32310. Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2000, any person in this state who 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 is punishable by imprisonment in a county jail not exceeding one year or in the state prison.

I would like to preface the following by saying I sent them back.

A few months ago, I ordered some 10-round magazines for my pistol through a website. They accidently shipped me 12-round mags. This shouldn't matter, but it wasn't really their fault, as the manufacturer had put the 12-rounders inside of 10-rounder clamshell packaging.

I'm wondering if keeping them would have violated the law above. If I would have "imported" the magazines even though I did not order or intend to receive those magazines.

Thanks.

Jeremy



P.S. -- they were for the compact version of my full-size gun, and in .40 cal while my gun is 9mm. They would not have worked anyway so it wasn't even a temptation or worth consulting an attorney or anything.

Turo
10-12-2011, 9:52 PM
If you look at the bleeding edge of what's legal, you broke no law. It could be argued that the company that shipped the mags to you broke the law, but you did not import or even cause to import any large-capacity magazines.
*****This part is my opinion, which is worth less than you paid for it*****
I, personally, would have kept the magazines and been glad that I legally obtained >10 round magazines post Jan 1, 2000.

There will be others that come along and disagree wholly with me, but the truth is there is no case law nor precedent in this area and nobody wants to put up their gun rights as collateral to see what the outcome would be if this were tested in court.

JeremyS
10-12-2011, 9:57 PM
What you wrote is my opinion on it also. I'm hoping maybe a lawyer will weigh in and maybe there's some case law I wouldn't know about.

I probably would have kept them also, after chatting with Cal Guns Foundation about it and whatnot, but they didn't fit my gun anyway and I dont want the sub-compact version of my gun in .40 cal so I didn't see any point.

Turo
10-12-2011, 10:09 PM
What you wrote is my opinion on it also. I'm hoping maybe a lawyer will weigh in and maybe there's some case law I wouldn't know about.

I probably would have kept them also, after chatting with Cal Guns Foundation about it and whatnot, but they didn't fit my gun anyway and I dont want the sub-compact version of my gun in .40 cal so I didn't see any point.

Yeah, not getting the right product kind of sucks. I would be thinking, "How long to save up for that compact 40 S&W so I can use these suckers?"

But the threads like this generally end up with someone saying what I said, then bweise coming in and talking about how you can't commit half a crime, and then it either dying or getting shut down due to name calling, snide remarks, and the like.

bsim
10-12-2011, 10:27 PM
^^ Agreed.

JeremyS
10-12-2011, 10:32 PM
I kind of figured this would turn into a "you should have kept them" thread. But seriously, we're talking about 2 extra rounds for a gun I really don't want. Now... had they been 17 round mags, I would have wanted the gun a heck of a lot more haha.