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View Full Version : legality of selling Hi cap mags to LE


Kali_M14
01-29-2008, 6:02 AM
Guys I was not to sure about this, so I want to ask if it is legal to sell hi-cap M1a mags to an LEO?

M. Sage
01-29-2008, 6:26 AM
First off, why would you want to? You can't replace 'em.

Fjold
01-29-2008, 6:26 AM
It is illegal for a private citizen in California to sell or off for sale any high capacity magazines.

Scotty
01-29-2008, 6:27 AM
LEO can buy hi-cap. But I personally wouldn't sell one to them. Have them buy it through legal channels.

scootergmc
01-29-2008, 6:36 AM
You can't sell, but LEO can buy. Interesting quandry.

Piper
01-29-2008, 9:17 AM
Didn't you know ? LEO's can buy anything because they are so much better trained than we are.

I mean, wtf, if they can justify a legit use, they could probably buy a stinger.

"Hey chief, I need a stinger missle just in case I need to catch a smuggler in a 172."

hoffmang
01-29-2008, 9:57 AM
It appears that there is an exception for normal folks to sell large-capacity magazines to a California FFL. A California FFL can sell large-capacity magazines to a Law Enforcement Officer. A normal person could disassemble a large-capacity magazine and sell the parts to a LEO.

-Gene

hawk1
01-29-2008, 10:03 AM
Read through this;

http://ag.ca.gov/firearms/dwcl/12020.php

You'll get your answer...or a headache. :eek:

DesertGunner
01-29-2008, 2:49 PM
Didn't you know ? LEO's can buy anything because they are so much better trained than we are.

I mean, wtf, if they can justify a legit use, they could probably buy a stinger.

"Hey chief, I need a stinger missle just in case I need to catch a smuggler in a 172."

Since when can LEOs buy anything? What other California gun rules are different for LEOs?

grywlfbg
01-29-2008, 3:02 PM
You can't sell, but LEO can buy. Interesting quandry.

Actually anyone can buy. The restriction's on importing, selling, giving, or lending.

Like others said, sell them as parts (or keep them).

AaronHorrocks
01-29-2008, 4:08 PM
Actually the restrictions are manufacturing, selling, or importing.
The law says nothing about "giving".

pnkssbtz
01-29-2008, 4:15 PM
Since when can LEOs buy anything? What other California gun rules are different for LEOs?Well... they can buy SB23 Assault Weapons for personal use... they can buy handguns that are not on the safe list entirely for personal use... they can purchase regular capacity magazines, etc. etc.

pnkssbtz
01-29-2008, 4:17 PM
Actually the restrictions are manufacturing, selling, or importing.
The law says nothing about "giving".

Actually...

CA Penal Code 12020

(a)Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:

(2) Commencing January 1, 2000, 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.


So to recap, you cannot:

manufacture
import
keep for the purpose of selling
offer for sale
give
lend

pnkssbtz
01-29-2008, 4:24 PM
some can some can't on the aw thing.if you are a chp you are screwed in that department.my bro is one.

That is because it requires department approval (letterhead / Chief sign off?)

Either way, they get to ignore the "safe handgun list" and magazine restrictions.

DesertGunner
01-29-2008, 4:30 PM
Well... they can buy SB23 Assault Weapons for personal use... they can buy handguns that are not on the safe list entirely for personal use... they can purchase regular capacity magazines, etc. etc.

I remembered about the mags and safe handgun roster after I posted that. I'm curious to see more about the exemption from SB23 documented. Why are CHP out of luck? Does anyone have more examples re which local/state/federal agencies are willing to do that?

M. Sage
01-29-2008, 4:35 PM
I remembered about the mags and safe handgun roster after I posted that. I'm curious to see more about the exemption from SB23 documented. Why are CHP out of luck? Does anyone have more examples re which local/state/federal agencies are willing to do that?

Because the AW exemption only applies if they get a letter from their department. No letter, no registration. They're not exempt from registration of AWs...

retired
01-29-2008, 4:35 PM
I believe retired le should have the same privileges as active. That way, I can buy some of the things I want that I didn't buy when I was active.:43:

M. Sage
01-29-2008, 4:53 PM
Heh. I've got access to off-roster handguns, because I've got parents out of state.

Can't wait to get one transferred to me. :43:

Hoop
01-29-2008, 5:13 PM
LEO can buy hi-cap. But I personally wouldn't sell one to them. Have them buy it through legal channels.

I agree, keep em.

Stormfeather
01-29-2008, 5:20 PM
Actually the restrictions are manufacturing, selling, or importing.
The law says nothing about "giving".

This is VERY DANGEROUS, DO not quote law when you have no idea of what you are talking about.

The law specifically states. . . .

CA Penal Code 12020

(a)Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:

(2) Commencing January 1, 2000, 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.

Piper
01-29-2008, 5:56 PM
I believe retired le should have the same privileges as active. That way, I can buy some of the things I want that I didn't buy when I was active.:43:

I believe former le should have the same privileges as active. That way I can buy some of the things that I didn't buy when I was active. :43:

Yeah, good luck on that.:rolleyes:

tyrist
01-29-2008, 6:22 PM
No reason to sell them unless you really don't want them. Just take them apart and the Officer can reassemble them later if you want to get rid of them.

It's almost pointless to do since Officers can buy brand new standard capacity magazines at lower prices usually. Atleast standard LE magazines.

scootergmc
01-29-2008, 8:32 PM
Actually anyone can buy. The restriction's on importing, selling, giving, or lending.

Like others said, sell them as parts (or keep them).

His question pertained to LEO which is why I answered as I did.

DrjonesUSA
01-29-2008, 9:51 PM
This is VERY DANGEROUS, DO not quote law when you have no idea of what you are talking about.



I agree. I see it far too much on this forum.

CA laws are awful and confusing enough without having even more misinformation spread about.

This goes for everyone: If you are not reading off of the code, bill, or law itself, I ask that you please do not guess. Do not post your opinion on what the law may or may not be. There are more than enough people here who can tell us exactly what the law says, we do not need people to guess.

No offense, Aaron, but its becoming a peeve of mine and quite a problem around here, IMO.

pnkssbtz
01-30-2008, 12:37 AM
I agree. I see it far too much on this forum.

CA laws are awful and confusing enough without having even more misinformation spread about.

This goes for everyone: If you are not reading off of the code, bill, or law itself, I ask that you please do not guess. Do not post your opinion on what the law may or may not be. There are more than enough people here who can tell us exactly what the law says, we do not need people to guess.

No offense, Aaron, but its becoming a peeve of mine and quite a problem around here, IMO.
+1

If anyone needs to look up the penal code, here is a link:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codebody=&hits=20

1911_sfca
01-30-2008, 2:30 AM
Wow, this thread is full of a lot of garbage and noise.

The answer to the original question is: it is legal to sell a large-capacity magazine to a LE agency or a peace officer. It's in PC 12020(b)(19)-(20).

scootergmc
01-30-2008, 6:22 AM
Wow, this thread is full of a lot of garbage and noise.

The answer to the original question is: it is legal to sell a large-capacity magazine to a LE agency or a peace officer. It's in PC 12020(b)(19)-(20).

You are right. I was wrong. Sorry for the bad info. :56::wheelchair:

AaronHorrocks
01-30-2008, 6:48 AM
CA Penal Code 12020

(a)Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:

(2) Commencing January 1, 2000, 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.

When the hell did they sneak that one past me?
"Give" was never in any of the laws that I read. is the above some sort of DOJ code?

Fjold
01-30-2008, 6:53 AM
When the hell did they sneak that one past me?
"Give" was never in any of the laws that I read. is the above some sort of DOJ code?


Probably in 1999


I'm going to amend my previous statement that private citizens can't sell high capacity magazine to anyone. From reading 12020 it looks like they can:


12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:…………………………………………………………………………………………..
(2) Commencing January 1, 2000, 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……………………………….

(b) Subdivision (a) does not apply to any of the following:…………………………………
(19) The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.
(20) The sale to, lending to, transfer to, purchase by, receipt of, or importation into this state of, a large capacity magazine by a sworn peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of his or her duties.
(21) The sale or purchase of any large-capacity magazine to or by a person licensed pursuant to Section 12071 .………………………………………………………………….