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View Full Version : Honest question about a broken 30 Rounder I found in a barrel at Burro Cyn


Citadelgrad87
11-26-2007, 1:34 PM
OK, I'm fairly new here, and have noticed a few "What if" threads about hypothetically "finding" hicaps vis a vis Kali law.

My bona fides, if you will: I have been shooting and collecting for over 25 years, my first hicaps were for my 10-22, pre 1987.

I have factory, legal, standard capactiy rounds for 3 pistols and 4 rifles, over 30 or so total, including milspec 30 rounders I bought with my registered ar before the ban kicked in. I don't NEED this to work out one way or another.

I found a single, broken, 30 round Orlite magazine at Burro Cyn several years ago, but well after the ban on new 10+ round magazines. It was sitting on top of other trash, the floorplate was either broken or missing, or the follower was, I can't really recall, all I remember is it had a decent body, but the magazine spring was hanging out. My brother in law was with me, he had no interest because he doesn't have an AR platofrm weapon, but he can confirm that I found the magazine.

I don't know why, but I dug it out of the trash, and took it home. I played with it while cleaning my weapons, and couldn't get it back together, confirming that it was probably not rash to throw it away.

What is the consensus if I can use the original parts to get it working? What about replacing any broken parts?

Again, I almost don't even have a horse in this race, I have 3 other Orlites, and 7 aluminum Milspecs that have all been loaded a single time to confirm function. I don't even shoot the AR much anyway.

I am just wondering the legal implications of repairing a truly found magazine.

FinweElensar
11-26-2007, 1:45 PM
Nice find. Keep it, finder's keepers. *wink-wink*

thedonger
11-26-2007, 1:55 PM
If as you say the follower or floorplate was missing was it really a complete mag? Or was it discarded parts?

The owner may have kept the missing part to rebuild into a functioning mag.

If I throw away a mag rebuild kit and some one finds it, is it a mag or a rebuild kit?

That being said. +1 Finders Keepers.

Josh3239
11-26-2007, 1:59 PM
It sounds like the magazine was broken but still together so I don't think I'd call it parts. Sounds like you found yourself a hi cap mag and there is no law that says you cannot find a high capacity magazine nor is there a law saying you may not repair a high capacity magazine you legally own.

Sounds to me like you got yourself a legal magazine and if necessary can legally be repaired.

soopafly
11-26-2007, 2:33 PM
Sounds like you found yourself a hi cap mag and there is no law that says you cannot find a high capacity magazine nor is there a law saying you may not repair a high capacity magazine you legally own.

Sounds to me like you got yourself a legal magazine and if necessary can legally be repaired.

Ummm, not quite. From the OP's description, what he found was magazine parts. If he aquires the missing piece and assembles the complete magazine, what he would be doing is "manufacturing" a new large capacity magazine, which is illegal. Think of it this way: as far as aquiring parts, that would be similar to buying the body, follower and spring from one vendor. Then buying the floorplate from a seperate vendor. If you assemble those parts, it would constitute illegal manufacture of a new large capacity magazine. DON'T DO THIS. Use the parts as spares for the mags you already own.

That's the funny thing about this law...had he found a complete magazine, I believe it would technically be legal for him to keep it.:rolleyes:

hitman13
11-26-2007, 2:38 PM
fix it and use it.

Citadelgrad87
11-26-2007, 2:57 PM
Ummm, not quite. From the OP's description, what he found was magazine parts. If he aquires the missing piece and assembles the complete magazine, what he would be doing is "manufacturing" a new large capacity magazine, which is illegal. Think of it this way: as far as aquiring parts, that would be similar to buying the body, follower and spring from one vendor. Then buying the floorplate from a seperate vendor. If you assemble those parts, it would constitute illegal manufacture of a new large capacity magazine. DON'T DO THIS. Use the parts as spares for the mags you already own.

That's the funny thing about this law...had he found a complete magazine, I believe it would technically be legal for him to keep it.:rolleyes:

I will check it tonight. There is certainly an intact Orlite body, magazine spring, follower, and a plastic piece attached to the bottom of the mag spring. I can't recall if the floorplate is there or not.

Will it hinge on that part being present?

tgriffin
11-26-2007, 2:59 PM
Since you dont have a horse in this race, I'd say the risk is not worth the reward. $h!t happens and why risk losing the rest of your toys over something so mundane. Very interesting discussion about the legality though.

Citadelgrad87
11-26-2007, 3:08 PM
Since you dont have a horse in this race, I'd say the risk is not worth the reward. $h!t happens and why risk losing the rest of your toys over something so mundane. Very interesting discussion about the legality though.


Then if it's NOT complete as of the find date, there is no problem with having it at all, since it's not a complete mag, and I could use some or all of it to replace parts in my other Orlites? Or should I put it back in the trash from whence it came?

mike100
11-26-2007, 3:14 PM
I think the law literally states that you can't import or sell/transfer std capacity mags, but finding them (in this case it sounds like an honest find) would be ok.

at the very least, you could leave it broken down as parts, which could be used for repair of your original collection.

Hopi
11-26-2007, 3:18 PM
Standard capacity magazines (11+) are completely legal to own, find, store away, use, or make into belt buckles as long as you did NOT import them into the state nor buy them within the state after the ban. FFL's with magazine permits, and LEOs are exceptions to these prohibitions.

If it still has the parts, put her back together and take her for a test drive......

soopafly
11-26-2007, 3:28 PM
I will check it tonight. There is certainly an intact Orlite body, magazine spring, follower, and a plastic piece attached to the bottom of the mag spring. I can't recall if the floorplate is there or not.

Will it hinge on that part being present?If you found a complete mag, it doesn't look like there's any law against keeping it. If what you found has ANY missing parts, buying those missing parts and assembling them constitutes "manufacture" of a large capacity magazine, which is illegal.




Then if it's NOT complete as of the find date, there is no problem with having it at all, since it's not a complete mag, and I could use some or all of it to replace parts in my other Orlites?CORRECT!




Or should I put it back in the trash from whence it came?Keep the parts as spares.

Josh3239
11-26-2007, 4:33 PM
I was under the impression, like I put in my post, that it was a complete magazine he found. If that was the case then yes, he can do whatever he wants with his complete magazine.

While I left it out, I assumed he understood that if it was in fact incomplete he cannot build one.

Ummm, not quite. From the OP's description, what he found was magazine parts. If he aquires the missing piece and assembles the complete magazine, what he would be doing is "manufacturing" a new large capacity magazine, which is illegal. Think of it this way: as far as aquiring parts, that would be similar to buying the body, follower and spring from one vendor. Then buying the floorplate from a seperate vendor. If you assemble those parts, it would constitute illegal manufacture of a new large capacity magazine. DON'T DO THIS. Use the parts as spares for the mags you already own.

That's the funny thing about this law...had he found a complete magazine, I believe it would technically be legal for him to keep it.:rolleyes:

Citadelgrad87
11-26-2007, 4:54 PM
And what I left out, inadvertantly, was that I always assumed it was complete but broken, and this thread has called my attention to the fact that it may not have been complete.

I will check tonight and post my results.

M. D. Van Norman
11-26-2007, 4:55 PM
So much grief for a box with a spring in it.

adamsreeftank
11-26-2007, 5:34 PM
Keep it as spare parts or dispose of it. Do not buy parts to "fix" it!

Citadelgrad87
04-22-2008, 12:24 PM
OK, to dredge this up, for anyone who cares:

I pulled these TWO mags (I had forgotten I found two) out of the plastic baggie I tossed them in, and sat down to do an inventory:

Two bodies, two followers ( I tried to swap standard green anti tilts, long ago, but they don't fit in the thicker walled Orolites) two mag springs, two baseplates, two "inner/spring lock" plates. TWO MAGS. I could not get them to assemble, there was too much "spring" in the springs.

I purchased some replacement kit Orolites, and sat down with those disassembled parts to see what was what.

The springs on the pick up mags were TWICE as long as the replacement springs.

Once swapped out, they went together like champs.

Haven't loaded or shot with them, but I'll do it on the next range trip.

To reiterate, these were found, COMPLETE, but hanging out of both ends of both mag bodies, in a 55g drum in Burro Cyn several years ago.

bohoki
04-22-2008, 4:40 PM
ive seen orlite magazines with bad lips teh polymer rear support area is cracked and when loaded they spit cartridges randomly

so you may experience a double feed not because the bolt strips 2 but becuase it throws one as the bolt slides over during extraction

JayRuff
04-22-2008, 6:23 PM
use it

Utha Schleigle
04-22-2008, 11:07 PM
A similar cart before the horse question. Hypo-thecrically - I bought two Mak90 way back in the day when everthing legal. Had money problems and sold the guns and kept the mags. Still have orginal stuff on guns but most mags were purchased at Gun Show and of coarse - paid cash no kept receipt. Did not register mags with no gun.


Now I am better off and have firearms that take these mags.

I have 10rounders for range, but was keeping other mags for HD and ?????

Anyway possible problems.


Year

packnrat
04-23-2008, 12:09 PM
you found spare parts for your legal pre ban mags.

Toolbox X
04-23-2008, 3:06 PM
Because this actually happened to you and the resulting answer would make no difference, this is a perfect question to ask the DOJ :shifty: