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View Full Version : Can I use a hi-cap mag?


explorerdude
08-13-2012, 10:47 AM
Don't know if this is the right place for this question, but here goes:

Can I use a hi-cap magazine, at work (gun shop) using one of the stores hi cap mags? I am 24 years old, so obviously I do not have pre-ban mags? Any help greatly appreciated.

Whatisthis?
08-13-2012, 10:56 AM
That's a good question. I'll let someone else answer so I'm not spreading incorrect information... But I will say this. Just because you're 24 years old does not mean you can't legally own preban mags. There is not an age restriction on it.

PandaLuv
08-13-2012, 11:03 AM
mmm, i wouldnt. It's not in your procession, though i wonder what librarian will say.

troysland
08-13-2012, 11:05 AM
Didn't your uncle leave you those 30 rounders when you were 12? Yeah, that's how I remember it. Perfectly legal. No age limit to own.

SuperSet
08-13-2012, 11:06 AM
You can use high caps as long as the owner is in the vicinity. This is mentioned in the Calguns Wiki.

Librarian
08-13-2012, 1:47 PM
You can use high caps as long as the owner is in the vicinity. This is mentioned in the Calguns Wiki.

Right.

anymoose
08-13-2012, 3:35 PM
Don't know if this is the right place for this question, but here goes:

Can I use a hi-cap magazine, at work (gun shop) using one of the stores hi cap mags? I am 24 years old, so obviously I do not have pre-ban mags? Any help greatly appreciated.

why would it be obvious that you dont have pre ban mags? im 25 and i have many many preban mags. my dad heard of the ban and bought a lot of common magazines and gave them to me in 1999. glock, AR, m1a, 10/22... among several others.

Dantedamean
08-13-2012, 5:09 PM
Didn't your uncle leave you those 30 rounders when you were 12? Yeah, that's how I remember it. Perfectly legal. No age limit to own.

I thought you couldn't legally own gun parts until your 18?
Funny thing this guy ran up to me on the street and gave me a box of mags the other day. Is it legal to keep? ;)

CSACANNONEER
08-13-2012, 5:37 PM
You can legally borrow a +10 round mag from the owner as long as the owner of the mag is present. If the shop owns the mag and you are in the shop, I don't see a problem. But, IANAL.

I thought you couldn't legally own gun parts until your 18?
Funny thing this guy ran up to me on the street and gave me a box of mags the other day. Is it legal to keep? ;)

LOL. There is no age restriction for owning firearms except for handguns, Ca-AWs and NFA items. A two year old can legally own a rifle and all the "gun parts" he/she wants.

Sniper3142
08-13-2012, 5:43 PM
I thought you couldn't legally own gun parts until your 18?


You thought wrong.

Dantedamean
08-13-2012, 5:54 PM
You thought wrong.

I may be reading this wrong.

http://ag.ca.gov/firearms/dwcl/12316.php

12316. (a)(1) Any person, corporation, or dealer who does either of the following shall be punished by imprisonment in a county jail for a term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both the imprisonment and fine:
(A) Sells any ammunition or reloaded ammunition to a person under 18 years of age.
(B) Sells any ammunition or reloaded ammunition designed and intended for use in a handgun to a person under 21 years of age. As used in this subparagraph, "ammunition" means handgun ammunition as defined in subdivision (a) of Section 12323. Where ammunition or reloaded ammunition may be used in both a rifle and a handgun, it may be sold to a person who is at least 18 years of age, but less than 21 years of age, if the vendor reasonably believes that the ammunition is being acquired for use in a rifle and not a handgun.

(2) For purposes of this subdivision, "ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence.

anymoose
08-13-2012, 5:59 PM
That doesnt say anything about possession.

Merc1138
08-13-2012, 5:59 PM
I may be reading this wrong.

http://ag.ca.gov/firearms/dwcl/12316.php

12316. (a)(1) Any person, corporation, or dealer who does either of the following shall be punished by imprisonment in a county jail for a term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both the imprisonment and fine:
(A) Sells any ammunition or reloaded ammunition to a person under 18 years of age.
(B) Sells any ammunition or reloaded ammunition designed and intended for use in a handgun to a person under 21 years of age. As used in this subparagraph, "ammunition" means handgun ammunition as defined in subdivision (a) of Section 12323. Where ammunition or reloaded ammunition may be used in both a rifle and a handgun, it may be sold to a person who is at least 18 years of age, but less than 21 years of age, if the vendor reasonably believes that the ammunition is being acquired for use in a rifle and not a handgun.

(2) For purposes of this subdivision, "ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence.

1. That is about ammunition, not magazines or guns.
2. It says absolutely nothing about giving ammo to someone under 18 or possession.

Dantedamean
08-13-2012, 6:10 PM
1. That is about ammunition, not magazines or guns.
2. It says absolutely nothing about giving ammo to someone under 18 or possession.

You need to finish reading before you comment:
(2) For purposes of this subdivision, "ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence.

And yes after rereading the PC possession isn't illegal. However if you say your uncle gave them to you he may be in a bit of trouble.

CSACANNONEER
08-13-2012, 6:18 PM
You need to finish reading before you comment:
(2) For purposes of this subdivision, "ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence.

OK, I read it and my reading comprehension tells me that it is 100% legal for someone under 18 to be given, manufacture, borrow or otherwise own or possess both long guns and ammunition. I think YOU need to reread and UNDERSTAND what you posted before commenting on it.

anymoose
08-13-2012, 6:27 PM
You need to finish reading before you comment:
(2) For purposes of this subdivision, "ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence.

And yes after rereading the PC possession isn't illegal. However if you say your uncle gave them to you he may be in a bit of trouble.

Oh. What does it say about giving?

Dantedamean
08-13-2012, 6:27 PM
OK, I read it and my reading comprehension tells me that it is 100% legal for someone under 18 to be given, manufacture, borrow or otherwise own or possess both long guns and ammunition.

Yup this is 100% correct in regards to this PC. However your statement about this being about amunition and not magazines or gun was incorrect and that's what I was referring to.

NorCalXJ
08-13-2012, 6:35 PM
Just be safe and don't use any hi cap mags (even if they are pre ban).

kajvid
08-13-2012, 6:36 PM
Don't know if this is the right place for this question, but here goes:

Can I use a hi-cap STANDARD CAPACITY magazine, at work (gun shop) using one of the stores hi cap mags? I am 24 years old, so obviously I do not have pre-ban mags? Any help greatly appreciated.

Fixed! :rolleyes:

CSACANNONEER
08-13-2012, 6:36 PM
Yup this is 100% correct in regards to this PC. However your statement about this being about amunition and not magazines or gun was incorrect and that's what I was referring to.

Well, thanks for proving my point about reading comprehension.

anymoose
08-13-2012, 6:46 PM
Fixed! :rolleyes:

It might not have been broken. Maybe hes talking about 33 round mags for a glock.

PandaLuv
08-13-2012, 8:41 PM
Fixed! :rolleyes:

Lol awesome, thank you.

explorerdude
08-13-2012, 9:08 PM
Mighy have ended up a bit.more.confused :D

cabinetguy
08-13-2012, 9:21 PM
I hate when those magazines fly out of my firearm with deadly consequence. :rolleyes:

I imagine that can only happen when I truly needed that 11th round to protect my family

Merc1138
08-13-2012, 11:31 PM
You need to finish reading before you comment:
(2) For purposes of this subdivision, "ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence.

And yes after rereading the PC possession isn't illegal. However if you say your uncle gave them to you he may be in a bit of trouble.

Yup this is 100% correct in regards to this PC. However your statement about this being about amunition and not magazines or gun was incorrect and that's what I was referring to.

Actually, it's not incorrect. The subdivision you're referring to is separate from the first portion. There is a huge amount of the PC you skipped when you quoted it. You cannot skip portions of the PC like that when you're reading it.

I'll do you a favor and bold the part in between that you missed. Taken note of the headers for each line.


12316. (a)(1) Any person, corporation, or dealer who does either of the following shall be punished by imprisonment in a county jail for a term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both the imprisonment and fine:
(A) Sells any ammunition or reloaded ammunition to a person under 18 years of age.
(B) Sells any ammunition or reloaded ammunition designed and intended for use in a handgun to a person under 21 years of age. As used in this subparagraph, "ammunition" means handgun ammunition as defined in subdivision (a) of Section 12323. Where ammunition or reloaded ammunition may be used in both a rifle and a handgun, it may be sold to a person who is at least 18 years of age, but less than 21 years of age, if the vendor reasonably believes that the ammunition is being acquired for use in a rifle and not a handgun.
(2) Proof that a person, corporation, or dealer, or his or her agent or employee, demanded, was shown, and acted in reasonable reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this subdivision. As used in this subdivision, "bona fide evidence of majority and identity" means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, California state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person.
(b)(1) No person prohibited from owning or possessing a firearm under Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code shall own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition.
(2) For purposes of this subdivision, "ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence.

Notice how that portion discussing "for the purposes of this subdivision" is in a different subdivision than (a).

12316
_(a)
__(1)
___(A)
___(B)
__(2)
_(b)
__(1)
__(2)
__(3)
_(c)
and so on.

Is it any clearer yet? You'll notice that 12316(b)(3) lists a different penalty for a different violation than 12316(a)(1).

Sniper3142
08-14-2012, 8:40 AM
Just be safe and don't use any hi cap mags (even if they are pre ban).

FAIL

I have and use LCMs (Large Capacity Magazines) all the time. I have lots of them.

They're mine & they're legal.

In fact I only own 2 10 round magazines. One came with my Armalite M15A4(T) and the other is a 10/30 I just picked up along with a new AR Pistol.