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  #1  
Old 11-14-2008, 1:36 PM
WHTXJ89 WHTXJ89 is offline
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Default post ban magazines.

I have a hand full of post ban 20rd and 30rd magazines, dated from 1995-1999, at my house in Nevada. My question is can i bring those in to cali. and use them in my OLL with a BB. I dont have any original receipts or proof of purchase.
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  #2  
Old 11-14-2008, 1:38 PM
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No, they can not be legally brought into Cali after 2000.
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  #3  
Old 11-14-2008, 1:47 PM
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Using hi-cap magazines on a OLL with BB automatically creates an AW.
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Old 11-14-2008, 1:50 PM
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even if they were bought in ca?
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Old 11-14-2008, 1:51 PM
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Did you possess those magazines in California prior to the 2000 ban? If so, you can legally bring them back into the state. If not, no, that would be considered importation and is illegal.

Regardless, you can not use a magazine with a capacity larger than 10rds in a non-detachable (fixed) magazine semi-automatic rifle. This is expressly designated as an assault weapon.

You could use them in a Monsterman Gripped rifle or U-15 build (aka featureless rifle).
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  #6  
Old 11-14-2008, 1:55 PM
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yes i had them before 2000. but your telling me i wont be able to use them in my OLL with BB correct?
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Old 11-14-2008, 1:57 PM
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Yes.
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Old 11-14-2008, 1:58 PM
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thanks
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  #9  
Old 11-14-2008, 2:06 PM
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Originally Posted by WHTXJ89 View Post
yes i had them before 2000. but your telling me i wont be able to use them in my OLL with BB correct?
Did you have them in the State of California before 2000?

You need to know the laws. Any magazine greater than 10rds in a fixed magazine build is an illegal assault weapon.
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  #10  
Old 11-14-2008, 2:11 PM
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yes i did have them before 2000 but i did not have a rifle back then. either way i cant use it in my OLL so that answers my question. thanks again
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Old 11-14-2008, 3:12 PM
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Quote:
Originally Posted by WHTXJ89 View Post
yes i had them before 2000. but your telling me i wont be able to use them in my OLL with BB correct?
However, if you remove your "evil" features and use a monsterman or U-15, you can use them, you'll just have to re-configure your rifle...

Also, it is legal to bring parts, or "repair kits" for magazines into CA...
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Old 11-14-2008, 3:56 PM
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Originally Posted by WHTXJ89 View Post
yes i did have them before 2000 but i did not have a rifle back then. either way i cant use it in my OLL so that answers my question. thanks again
Yes you can. You need to do a little more reading. You didn't know that fixing a magazine with a capacity greater than 10 rounds creates an assault weapon. You didn't know the BB 'fixes' the magazine in place. You also don't seem to realize that you can use high capacity magazine in an OLL provided that it doesn't have any evil features. Check out the flow chart.

If you possessed the magazines IN CA prior to 1/1/2000, then you may bring them back into CA with you even if they were removed from the state.
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Old 11-14-2008, 4:48 PM
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Quote:
Originally Posted by WHTXJ89 View Post
I have a hand full of post ban 20rd and 30rd magazines, dated from 1995-1999, at my house in Nevada. My question is can i bring those in to cali. and use them in my OLL with a BB. I dont have any original receipts or proof of purchase.
You need to clarify whether or not those mags were in Cali before 2000. As said above, if owned in CA before then, then you can bring them back from Nevada. If bought in Nevada and never brought CA before 2000, then you have to forget about them Then again it is upon them to prove that you did not buy them from CA before 2000.
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Old 11-14-2008, 10:13 PM
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Originally Posted by ohsmily View Post
Yes you can. You need to do a little more reading. You didn't know that fixing a magazine with a capacity greater than 10 rounds creates an assault weapon. You didn't know the BB 'fixes' the magazine in place. You also don't seem to realize that you can use high capacity magazine in an OLL provided that it doesn't have any evil features. Check out the flow chart.

If you possessed the magazines IN CA prior to 1/1/2000, then you may bring them back into CA with you even if they were removed from the state.
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  #15  
Old 11-14-2008, 10:45 PM
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Quote:
Originally Posted by WHTXJ89 View Post
I have a hand full of post ban 20rd and 30rd magazines, dated from 1995-1999, at my house in Nevada. My question is can i bring those in to cali. and use them in my OLL with a BB. I dont have any original receipts or proof of purchase.
Quote:
Originally Posted by uclaplinker View Post
Did you possess those magazines in California prior to the 2000 ban?
Quote:
Originally Posted by WHTXJ89 View Post
yes i had them before 2000. but your telling me i wont be able to use them in my OLL with BB correct?
Are you LE?

Last edited by JamesY; 11-15-2008 at 7:27 AM..
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  #16  
Old 11-15-2008, 6:15 AM
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12020(a)(2) states it's unlawful to import high capacity magazines into the state. I didn't see any provision in the law that allows an exemption if you already owned them. According to the CA AG in his memo in regards to HR218 there is not even a LEO exemption.

Can active/retired officers carry large capacity magazines in states that restrict
large capacity magazines? PC 12020(b) exceptions?
It appears that under California law (12020(a)(2) PC), nobody may import large
capacity magazines into California. There does not appear to be an exemption
for law enforcement officers from other states. This may all lead somebody to ask
whether federal law enforcement officers moving or being relocated into this state
are in violation of California law if they bring their large capacity magazines
with them, since such officers are in violation of California law and there is no
exemption for them.
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Old 11-15-2008, 8:23 AM
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Quote:
Originally Posted by lrdchivalry View Post
12020(a)(2) states it's unlawful to import high capacity magazines into the state. I didn't see any provision in the law that allows an exemption if you already owned them. According to the CA AG in his memo in regards to HR218 there is not even a LEO exemption.

Can active/retired officers carry large capacity magazines in states that restrict
large capacity magazines? PC 12020(b) exceptions?
It appears that under California law (12020(a)(2) PC), nobody may import large
capacity magazines into California. There does not appear to be an exemption
for law enforcement officers from other states. This may all lead somebody to ask
whether federal law enforcement officers moving or being relocated into this state
are in violation of California law if they bring their large capacity magazines
with them, since such officers are in violation of California law and there is no
exemption for them.

What are you going on about???? The OP asked if he could bring high caps into this state. We answered (correctly) that if he possessed them in CA prior to 1/1/2000, he can bring them in, even if the magazines have been out of state for a while.

How old is that memo you cited? Wow. I have put in bold the sections addressing both the OPs question, and you contention made via the AG memo.

You might want to do a little reading of the actual PC instead of spreading FUD and providing us with nonbinding and outdated AG opinions

Quote:
PC 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:
(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.(22) The loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met: (A) The person being loaned the large-capacity magazine is not 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.(B) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.(23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state.
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Last edited by ohsmily; 11-15-2008 at 8:50 AM..
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  #18  
Old 11-15-2008, 8:58 AM
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op stated mags were purchased here. that pretty much covers being instate pre-ban. what he suggests is just like if you took your mags out of state to shoot, then returned. no you don't have to leave them or disassemble them.
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Old 11-15-2008, 10:12 AM
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I hope I'm wrong here, but you should edit your post OP. Look at post # 15 in this thread.
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Old 11-15-2008, 11:16 AM
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Quote:
Originally Posted by ohsmily View Post
What are you going on about???? The OP asked if he could bring high caps into this state. We answered (correctly) that if he possessed them in CA prior to 1/1/2000, he can bring them in, even if the magazines have been out of state for a while.
I stand corrected! I must have missed it going through the PC.

Quote:
Originally Posted by ohsmily View Post
How old is that memo you cited? Wow. I have put in bold the sections addressing both the OPs question, and you contention made via the AG memo.
2004 when the LEOSA was signed into law.

Quote:
Originally Posted by ohsmily View Post
You might want to do a little reading of the actual PC instead of spreading FUD and providing us with nonbinding and outdated AG opinions
I did read the PC, although I missed the cite above (long night). As one of the few LEO's on this site who backs the people in pursuing their gun rights I do take exception to being accused of spreading FUD.
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Old 11-15-2008, 11:46 AM
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Originally Posted by uclaplinker View Post
Regardless, you can not use a magazine with a capacity larger than 10rds in a non-detachable (fixed) magazine semi-automatic rifle.
Even if the rifle has no evil features?
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Old 11-15-2008, 11:58 AM
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Even if the rifle has no evil features?
Correct.
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Old 11-15-2008, 12:57 PM
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Quote:
Originally Posted by MotoGuy View Post
Even if the rifle has no evil features?
Take a look at the penal code.

Or you can read through the description in my signature thread of the ways to and to avoid making an AW.

Essentially there's a specific definition that a fixed magazine rifle with a capacity over 10rds is an AW. The features game has to do with detachable magazine rifles. They're two separate ways to make an AW.
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  #24  
Old 11-15-2008, 1:26 PM
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Even if the rifle has no evil features?
If the rifle has no evil features, you actually have to remove the BB (or any magazine lock) to make it kosher with >10 mags.
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Old 11-15-2008, 1:46 PM
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How exactly would "they" know that a magazine was owned in-state pre-ban? Or for that matter when and where it was originally purchased and by whom?

Sorry had to ask it... although I'm not in CA now, I will be shortly.

Hans
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Old 11-15-2008, 2:25 PM
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Bring in as many 'complete magazine rebuild kits' as you can...while you can.

Because 'they' may one day find a way to make further importation of such kits illegal.

'They' want to make everything illegal.



Flood the state.
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Old 11-15-2008, 3:51 PM
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Originally Posted by ccmano View Post
How exactly would "they" know that a magazine was owned in-state pre-ban? Or for that matter when and where it was originally purchased and by whom?

Sorry had to ask it... although I'm not in CA now, I will be shortly.

Hans
If you tell them like you sort of just did.
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