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repoman1984
09-13-2013, 8:50 PM
If a father had several pre-ban hi capacity magazines is there a specific case scenario in which they can be gifted or inherited in present state ie (10+ round capacity) to his blood descendants? I recall there being some specific means of transferring otherwise unlawful firearms/firearm accessories that do not apply to parent/child transfers, though I cannot find any documentation on magazines.

jben
09-13-2013, 9:12 PM
No.

bohoki
09-13-2013, 9:25 PM
are they allowed to find them in your personal effects

Librarian
09-13-2013, 10:00 PM
Part of the law is that one is not allowed to give LCMs to anyone else.

In the case of inheritance, obviously the deceased no longer cares; I do not know what level of liability might apply to an executor.

Tincon
09-14-2013, 12:10 AM
I'd make sure he could find them after I died.

NulodPBall
09-14-2013, 3:54 AM
If a father had several pre-ban hi capacity magazines is there a specific case scenario in which they can be gifted or inherited in present state ie (10+ round capacity) to his blood descendants? I recall there being some specific means of transferring otherwise unlawful firearms/firearm accessories that do not apply to parent/child transfers, though I cannot find any documentation on magazines.

"32310. (a) 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, commencing January 1, 2000, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine is punishable"

So the dead person could be prosecuted for passing on the Mags, but not the descendant...the kicker is, if the executor of the will is deemed to have possession of the mags, and he passes them on, then the executor could be in trouble...at least that's my uneducated opinion.

Who do you know is willing to go to jail for you?

Of course if "anyone" "found" the mags and held onto them, without giving them to anyone else...

edgerly779
09-14-2013, 4:28 AM
How old were you in 2001?

304tmt
09-14-2013, 4:50 AM
Who's to say he didn't give them to you pre 2000?

JaMail
09-14-2013, 4:54 AM
so the executor now has some nice LCMs


In reality, 32310 is pretty clear, seems to me that if the deceased gave his entire estate or part of his estate to one person and that estate had LCM's, then the DA has every right to prosecute the deceased for breaking the law.

RickD427
09-14-2013, 10:30 AM
so the executor now has some nice LCMs


In reality, 32310 is pretty clear, seems to me that if the deceased gave his entire estate or part of his estate to one person and that estate had LCM's, then the DA has every right to prosecute the deceased for breaking the law.

I really hate to say it, but this is a really outstanding summary of what the law provides for.

Of course, in this political climate, I can see a couple of D.A.'s making the effort.

Librarian
09-14-2013, 10:44 AM
I wonder: does a bequest need to be really specific?

For example, "I leave to my son, Librarian Jr., my house at 123 Pine Street, Concord, California, and all of the contents."

Just poking around, I see examples of sales contracts like The Purchase Price includes any buildings, improvements, fixtures, appurtenances and attachments thereto, and all blinds, awnings, screen doors and windows, curtain rods, tracks and valances, fixed mirrors, fixed carpeting, electric, plumbing, heating and air conditioning fixtures and all appurtenances and attachments thereto as viewed by the Buyer at the date of inspection. which looks pretty specific, but doesn't say 'the curtain rod above the southerly window in the west wall of the bedroom with the balloon wallpaper'.

Dvrjon
09-14-2013, 4:05 PM
I really hate to say it, but this is a really outstanding summary of what the law provides for.

Of course, in this political climate, I can see a couple of D.A.'s making the effort.

Probably not happening. As you know, the full quote of statute is:
32310. 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, commencing January 1, 2000, any
person in this state who manufactures or causes to be manufactured,
imports into the state, keeps for sale, or offers or exposes for
sale, or who gives, or lends, any large-capacity magazine is
punishable by imprisonment in a county jail not exceeding one year or
imprisonment pursuant to subdivision (h) of Section 1170.(emphasis added)

Since the punishment cannot be accomplished, prosecution has no merit.

Also, courts in the United States have held that, according to the United States Constitution, a criminal defendant's right to appear in person at their trial, as a matter of due process, is protected under the Fifth, Sixth, and Fourteenth Amendments.

The decedent will not be in attendance to confront his accusers.:D

JR

However, the DA will probably take the magazines as "nuisances".

glockman19
09-14-2013, 4:16 PM
Part of the law is that one is not allowed to give LCMs to anyone else.

In the case of inheritance, obviously the deceased no longer cares; I do not know what level of liability might apply to an executor.

What is an LCM? If you meant to convey Large Capacity Magazines, you are doing a disservice. They are STANDARD Capacity Magazines. If you have to refer to them as anything else please refer to them as OEM Magazines, as they are Original Equipment Manufacturer parts or Magazines specifically manufactured for the firearm.

Dvrjon
09-14-2013, 4:57 PM
What is an LCM? If you meant to convey Large Capacity Magazines, you are doing a disservice. They are STANDARD Capacity Magazines. If you have to refer to them as anything else please refer to them as OEM Magazines, as they are Original Equipment Manufacturer parts or Magazines specifically manufactured for the firearm.

Since 1/1/2000, LCM has been defined in California Penal Code. :facepalm:
16740. As used in this part, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include any of the following:
(a) A feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
(b) A .22 caliber tube ammunition feeding device.
(c) A tubular magazine that is contained in a lever-action
firearm.

If you have a problem with it, it is your problem, no one else's.

I know you don't want to hear this, and I know I don't care to debate it with you. Have a pleasant evening.

Cheers.

JR

RickD427
09-14-2013, 5:33 PM
Since 1/1/2000, LCM has been defined in California Penal Code. :facepalm:


If you have a problem with it, it is your problem, no one else's.

I know you don't want to hear this, and I know I don't care to debate it with you. Have a pleasant evening.

Cheers.

JR

Ditto

We don't gain any points in the debate by using confusing terminology. Large-Capacity Feeding Device is one of the few terms defined in statute. At least that gives us consistency of meaning. It's meaning is clear, even if not to everyone's liking.

I've always thought of "Standard-Capacity" magazines as those meeting the legal standard of containing 10 rounds or less.

ronlglock
09-21-2013, 1:44 PM
Off topic, but whether we like it or not, "assault weapon" is also enshrined in CA law.

bwiese
09-24-2013, 12:56 PM
If a father had several pre-ban hi capacity magazines is there a specific case scenario in which they can be gifted or inherited in present state ie (10+ round capacity) to his blood descendants? I recall there being some specific means of transferring otherwise unlawful firearms/firearm accessories that do not apply to parent/child transfers, though I cannot find any documentation on magazines.

Unlike AWs, where there are disposal/executor laws mentioned, mags ain't covered other than "can't acquire post 2000 mags"

SO IN NO CASE CAN ASSEMBLED HICAP MAGS BE INHERITED WITHIN CA.

PERIOD.

The individual could inherit the disassembled mag parts - with a warning bu executor they cannot be assembled within CA. And that's still borderline, because they're kinda contraband once the orig owner dies, and then you're "walking back the cat"

Cleanest: If they were moved outta state beforehand, they could be inherited and possessed as such outside CA.