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View Full Version : 3 years statute of limitations on high cap mag violation?


Bobby Hated
02-15-2012, 5:03 AM
http://wiki.calgunsfoundation.org/Large-capacity_magazine_restrictions

"A district attorney must prove that a violator has actually imported or manufactured a large capacity magazine within the last three years."

(taken from bottom of CGF page on link)

so i was reading this page on the CGF explanation of the legality of hi-cap mags and i noticed it says "within the last three years." does that mean there is a 3 year statute of limitations on a charge for violating the hi-cap mag importation/manufacture ban?

so all people have to do is admit to the crime and claim they committed it > 3 years ago and its up to the DA to prove otherwise?

not that you should say anything if a LEO is giving you a hard time over hi-cap mags. but that seems like a get out of jail free card type loophole to me. is my interpretation correct?

Bobby Hated
02-15-2012, 5:04 AM
oops, wrong forum. MODs please move to 2A forum. thanks.

therealnickb
02-15-2012, 5:47 AM
Ummm, go ahead and admit that you broke the law. See how that works out for you.

GrizzlyGuy
02-15-2012, 6:13 AM
Your interpretation is correct: the statute of limitations for any of the large-capacity magazine crimes (importation, manufacturing, etc.) is 3 years.

kemasa
02-15-2012, 7:19 AM
Yes, but they might take the magazines if you admit that you violated the law, even if they don't charge you. There was a slight change in the law when they renumbered the sections.


32390. 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, any large-capacity magazine is a
nuisance and is subject to Section 18010.

18010. (a) The Attorney General, district attorney, or city
attorney may bring an action to enjoin the manufacture of,
importation of, keeping for sale of, offering or exposing for sale,
giving, lending, or possession of, any item that constitutes a
nuisance under any of the following provisions:
...
(20) Section 32390, relating to a large-capacity magazine.

newglockster
02-15-2012, 7:20 AM
So, an unscrupulous person could break the law by manufacturing a bunch of large-capacity magazines, hide them and hope he doesn't get caught with them, and 3 years later he is suddenly legal? :shrug:

mej16489
02-15-2012, 11:07 AM
So, an unscrupulous person could break the law by manufacturing a bunch of large-capacity magazines, hide them and hope he doesn't get caught with them, and 3 years later he is suddenly legal? :shrug:

Sure - but the mags can/will be confiscated as a nuisance per PC18010. (a)(20)

paul0660
02-15-2012, 11:11 AM
So, an unscrupulous person could break the law by manufacturing a bunch of large-capacity magazines, hide them and hope he doesn't get caught with them, and 3 years later he is suddenly legal? :shrug:

And he cannot give, sell, or loan them to anyone else.

Librarian
02-15-2012, 4:01 PM
3 years later he is suddenly legal?
No, 3 years later it would be very difficult to prosecute the crime of manufacturing.

Closed.