PDA

View Full Version : Unassembled hi capacity magazines


thefitter
07-07-2012, 12:29 PM
What is the legality of ordering and storing only unassembled hi cap magazines?

I want to have a stock of magazines for when I go out of state (permanent or vacation) with my firearms.

Would having 20 unassembled hi cap rifle/handgun magazines be an issue?

Thanks

bbsmth
07-07-2012, 12:35 PM
Nope. All legit.

NYsteveZ
07-07-2012, 12:43 PM
Nope. All legit.

Yup. If you had the magazines before the ban you couldve even stored them assembled, but parts kits? Totally legit.

G60
07-07-2012, 12:54 PM
Perfectly legal. Make sure to assemble them only after you have left CA, and disassemble them again before you enter CA.

Tiberius
07-07-2012, 1:15 PM
I agree that this is OK . . . probably. The caveat is that it isn't really spelled out or tested anywhere. It's more of a Calguns interpretation, I think. But I could be wrong. Our analysis is that a disassembled magazine isn't a magazine, but is "just parts." But could prosecutor take the position that a disassembled magazine is . . . a magazine? Apparently in California a loaded concealed magazine is itself a "firearm" for some purposes, so crazy things go happen.

It is highly unlikely that a prosecution based on a disassembled mag would happen. But if someone had a a bunch of illegal AWs, plus a couple hundred disassembled, brand-new, freshly-imported high-cap M&P Shield mags (or some other new gun) perhaps it would get added on.

But here's a key point. Under the statute, it isn't illegal to buy or possess a standard capacity mag. It is illegal to make or import one. So if someone gives you one, you find one, or inherit one, or if "High Caps Are Us" opens down the street and you load up, my understanding is that you're good to go. Of course, "High Caps Are Us" might be in some hot water.

HowardW56
07-07-2012, 1:18 PM
What is the legality of ordering and storing only unassembled hi cap magazines?

I want to have a stock of magazines for when I go out of state (permanent or vacation) with my firearms.

Would having 20 unassembled hi cap rifle/handgun magazines be an issue?

Thanks

That sounds like a pile of magazine parts to me.... :)

Librarian
07-07-2012, 1:19 PM
Parts is parts.

We have a letter from DOJ saying possession of the parts kits is legal. See the wiki -- http://wiki.calgunsfoundation.org/Large-capacity_magazine_restrictions#Repairing_existing_ large-capacity_magazines

(The letter is scanned as an image, so can't cut and paste.)

greybeard
07-07-2012, 1:44 PM
Parts is parts.

We have a letter from DOJ saying possession of the parts kits is legal. See the wiki -- http://wiki.calgunsfoundation.org/Large-capacity_magazine_restrictions#Repairing_existing_ large-capacity_magazines

(The letter is scanned as an image, so can't cut and paste.)
The way I read this is if the parts kit was for a gun introduced after 2000, it would be up to the local DA to prosecute or not. You could be on thin ice for say a M&P mag

mrdd
07-07-2012, 1:54 PM
The way I read this is if the parts kit was for a gun introduced after 2000, it would be up to the local DA to prosecute or not. You could be on thin ice for say a M&P mag

They would still need to figure out how you received them. Simple possession is not unlawful.

ap3572001
07-07-2012, 2:39 PM
I started talking about magazine issues several times here on Calguns....

To me ( and I am in LE) the whole magazine thing is very unclear and I hope that one day it will go away.

greybeard
07-07-2012, 4:51 PM
The way I read this is if the parts kit was for a gun introduced after 2000, it would be up to the local DA to prosecute or not. You could be on thin ice for say a M&P mag

They would still need to figure out how you received them. Simple possession is not unlawful.

Sounds like it could be an expensive mag and definitely the first words out your mouth should be "I want my attorney"

Intimid8tor
07-07-2012, 4:56 PM
Store away. There are people on this board that have hundreds of parts kits.

Ryan in SD
07-07-2012, 5:00 PM
Parts is parts.

We have a letter from DOJ saying possession of the parts kits is legal. See the wiki -- http://wiki.calgunsfoundation.org/Large-capacity_magazine_restrictions#Repairing_existing_ large-capacity_magazines

(The letter is scanned as an image, so can't cut and paste.)


-

However OP, some items are considered "constructive possession", which correct me if I'm wrong, only works with federal laws. (ie full auto fcgs w/matching receiver)

So from what I have heard, CA laws do not have the ability to criminalize you on "constructive possession", therefore making magazine parts kits ok.

Tyson
07-07-2012, 6:48 PM
I agree that this is OK . . . probably. The caveat is that it isn't really spelled out or tested anywhere. It's more of a Calguns interpretation, I think. But I could be wrong. Our analysis is that a disassembled magazine isn't a magazine, but is "just parts." But could prosecutor take the position that a disassembled magazine is . . . a magazine? Apparently in California a loaded concealed magazine is itself a "firearm" for some purposes, so crazy things go happen.

It is highly unlikely that a prosecution based on a disassembled mag would happen. But if someone had a a bunch of illegal AWs, plus a couple hundred disassembled, brand-new, freshly-imported high-cap M&P Shield mags (or some other new gun) perhaps it would get added on.

But here's a key point. Under the statute, it isn't illegal to buy or possess a standard capacity mag. It is illegal to make or import one. So if someone gives you one, you find one, or inherit one, or if "High Caps Are Us" opens down the street and you load up, my understanding is that you're good to go. Of course, "High Caps Are Us" might be in some hot water.

Its a NO GO on the give or lend part, the verbage is straightforward.


Continued possession of large-capacity magazines (able to
accept more than 10 rounds) that you owned in California before
January 1, 2000, is not prohibited. However as of January 1,
2000, it is illegal to buy, manufacture, import, keep for sale,
expose for sale, give or lend any large-capacity magazine in
California except by law enforcement agencies, California
peace officers, or licensed dealers.

(PC Section 12020)

phrogg111
07-07-2012, 7:21 PM
The last gun show I went to had hi capacity magazine kits all over the place. Unless you assemble the magazine, it is a "10 round magazine kit", and you can convert it to 10 rounds at any time, or rebuild a preban magazine.

Also worth noting is that the statute of limitations on the high capacity magazine ban is 3 years, and they would have to prove that you imported/manufactured the magazine within the last 3 years in order to charge you with a crime. They could probably take the magazine as evidence and you will probably spend time in jail if you get arrested, though.