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vincewarde
05-22-2012, 3:04 PM
While sitting here writing another post, I had an episode of Storage Wars on. One of the guys found a bunch of hi-caps in one of the lockers he bought. Interesting situation.

He purchased the locker without knowing they were there, and the seller did not know either - so their was no "conspiracy". Obviously, he can't sell them in CA - but can he legally keep them?

Chaos47
05-22-2012, 3:06 PM
Yes he can keep them possession is not a crime. Same as finding them in the desert...

Edit to add from page 74 of the AW Guide:

Possession of large capacity magazines, whether by peace officers or private citizens, is not controlled.

The manufacturing, importation into the state, offering for sale, keeping for sale, exposing for sale,
giving, and lending of a large capacity magazine is controlled. No person may participate in these activities
without a permit issued by the Department of Justice. For exceptions, see Penal Code 12020(b)(19)-(32).

So before someone says well the auctioneer or the storage place is the "seller" and they could be in trouble the law states "offering for sale, keeping for sale, exposing for sale" without knowing they where in there I don't think they did any of those things...

bwiese
05-22-2012, 3:13 PM
"Storage Wars" is not filmed in CA, is it? Thought it was east coast?
So all bets are off if non-CA.

And let's avoid Chaos47's idiotic reply. He should STFU if he ever has an LE encounter cuz he's gonna talk himself into jail.

Yeah, possession is not a crime. But a transfer (however inadvertent) did happen.

I'd not continue possession of them in CA.
"I found them" smells really great in court and doesn't pass the smell test: issuing such a statement will talk yourself into jail.

We're back to the "How many dead hookers can I have in my trunk if my taillights work OK?" school of law.

ke6guj
05-22-2012, 3:23 PM
While sitting here writing another post, I had an episode of Storage Wars on. One of the guys found a bunch of hi-caps in one of the lockers he bought. Interesting situation.

He purchased the locker without knowing they were there, and the seller did not know either - so their was no "conspiracy". Obviously, he can't sell them in CA - but can he legally keep them?
IIRC, that episode was filmed in Las Vegas. And it was a bunch in NIW Brownells 30-round AR-15 mags that he sold to the owner of The Gun Store for more than he could have bought them direct from Brownells. Can you say "staged"?

edit: my bad, I was thinking about an episode of "Auction Hunters".

GOEX FFF
05-22-2012, 3:25 PM
99% of the storage auctions on A&E's Storage Wars are in CA.
I've seen an episode though where Darrel found what clearly appeared to be a 30rnd AR magazine and that was for sure in CA.
I guess for all purposes it could have been 10/30, but id really assume not.

There is Also a Storage Wars, TX. But given the look of the TX show, it would be obvious it doesn't apply here or course.

jamesob
05-22-2012, 3:26 PM
storage wars is filmed all thru socal. they have found some high caps on the show while in ca.

Chaos47
05-22-2012, 3:45 PM
"Storage Wars" is not filmed in CA, is it? Thought it was east coast?
So all bets are off if non-CA.

And let's avoid Chaos47's idiotic reply. He should STFU if he ever has an LE encounter cuz he's gonna talk himself into jail.

Yeah, possession is not a crime. But a transfer (however inadvertent) did happen.

I'd not continue possession of them in CA.
"I found them" smells really great in court and doesn't pass the smell test: issuing such a statement will talk yourself into jail.

We're back to the "How many dead hookers can I have in my trunk if my taillights work OK?" school of law.


Talking about something on a gun board and what I would say / not say to a cop are two different things.

Please explain to me oh great and wiese one how I would be successively prosecuted for a crime that does not exist in the PC...

Kestryll
05-22-2012, 3:52 PM
Explain preferably without the insults.

tacticalcity
05-22-2012, 4:01 PM
Back to the hypothetical, as if it were CA even though it wasn't. Break them down into individual parts and they stop being hi-cap magazines and become repair kits. Last I checked those were still perfectly legal...just so long as you don't build them back up into completed magazines. People can use those to repair of replace existing preban magazines and merchants and individuals are allowed to buy and store them in disassembled form so that they can sell those to said people.

Now, since that show is about making money and not collecting guns, the smart move would be break them down into parts kits for now and then to sell them to someone outside of California letting them reassemble them once they get them. Or to modify them into 10/? magazines and sell them within California.

The deed is done on the initial transfer. Can't go back in time because there is no such thing as a time machine. But he can render them California legal and then get back to business.

Of course, as stated above this took place outside of California so none of it matters. But if it it did, he would not be totally screwed. There are plenty of smart and legal things he could do to minimize his exposure legally. Plus he would have video evidence thanks to the show to prove that he had no knowledge of what as inside the storage container. Few DA's would be that crazy to take that to court because few judges would stand for it. Not only would they loose, but they would be scolded for wasting the court's time and State/County/City/Whatever's money. It is not a situation you want to intentionally find yourself in, but it's not like you are totally screwed either.

theicecreamdan
05-22-2012, 4:18 PM
If any law was broken, does disassembling the magazines unbreak the law?

Is "I didn't mean to break the law" (evidenced by you immediately disassembling) any better than, "I didn't know that was illegal?" (evidenced by shutting up and sticking them in a closet)

stix213
05-22-2012, 4:23 PM
If any law was broken, does disassembling the magazines unbreak the law?

Is "I didn't mean to break the law" (evidenced by you immediately disassembling) any better than, "I didn't know that was illegal?" (evidenced by shutting up and sticking them in a closet)

No and no.

Though at a practical level disassembling or otherwise getting rid of the mag does minimize any chance of prosecution. (you're unlikely to get charged with participating in a sale of a large-cap mag if there is no mag for the police to find anymore).

IANAL

vincewarde
05-22-2012, 4:25 PM
"Storage Wars" is not filmed in CA, is it?

Yep, every location they have featured has been in CA.

Correction, they have done one in Las Vegas.

Peter.Steele
05-22-2012, 5:44 PM
You could make a pretty solid case that the prohibition against selling / giving / etc high caps is a strict liability offense, in which case it doesn't really matter whether or not the storage facility / auctioneer knew that the magazines were there or not.

bohoki
05-22-2012, 5:58 PM
wow i guess we found the way

just rent a storage locker let it go into default and inform the person you want to receive them the unit number and fill it up with a bunch of obvious garbage like an old matress covered in chocolate syrup and a commode full of wet snickers

dantodd
05-22-2012, 6:00 PM
This is likely one of the situations where you cannot be convicted of conspiring to transfer and the purchase part is not prohibited. I normally am with Bill on these issues but this is a unique instance where the buyer is very unlikely to be convicted.

Chaos47, I know of at least one instance where a DA attempted to charge someone with possession of Large Capacity Magazines despite there being no PC against it.