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Old 01-30-2014, 4:02 PM
mosinitis mosinitis is offline
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Default Large Capacity Magazines: Curio and Relic

I have read the information at http://wiki.calgunsfoundation.org/in...t_Restrictions and in this thread and have searched the forums for information related to curio and relic firearms and the large capacity magazine law of 2000, but I haven't been able to find any information about it. So, I started looking into the California penal code that pertains to large capacity (more than 10 round) magazines. CAL. PEN. CODE 12020 seems to be the pertinent legislation for this topic. I have provided the pertinent sections of that penal code below.

(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:

(7)Any firearm or ammunition that is a curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a).

I looked into all of the sections mentioned in subdivision (b) part (7) above to make sure that there wasn’t something that made mention of a curio/relic not
being able to have a large capacity magazine and, in turn, making subdivision (a) applicable. The first, Section 478.11 of Title 27 of the Code of Federal Regulations simply states the following requirements of a firearm to be considered a curio/relic.

Curios or relics: Firearms which are of special interest to collectors by reason
of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories:
(a) Firearms which were manufactured at least 50 years prior to the current
date, but not including replicas thereof;
(b) Firearms which are certified by the curator of a municipal, State, or
Federal museum which exhibits firearms to be curios or relics of museum
interest; and
(c) Any other firearms which derive a substantial part of their monetary value
from the fact that they are novel, rare, bizarre, or because of their
association with some historical figure, period, or event. Proof of
qualification of a particular firearm under this category may be established by
evidence of present value and evidence that like firearms are not available
except as collector's items, or that the value of like firearms available in
ordinary commercial channels is substantially less.

Sections 12021, 12021.1, or 12101 of this code (CAL. PEN. CODE 12020 : California Code) and Section 8100 and 8103 of the Welfare and Institutions Code are all related to, in a nutshell, being a sane person that doesn’t have a felony.

So, with all of this said, it would seem to me that any curio/relic firearm that has a large magazine capacity (i.e. greater than 10 rounds) would not be illegal to buy, sell or transfer even after 1/2000. I am really trying, as a law abiding citizen, to figure this stuff out. If anyone has any additional insight into this or links to legislation that would contradict or supersede my understanding, I would greatly appreciate the help.

Last edited by mosinitis; 01-30-2014 at 5:16 PM..