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#1
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I would like to use a 10/22 high capacity magazine. My understanding is that it is legal to possess and use one (but not to import or sell one), but I am wondering if there have been any people who have had legal trouble relating to them? Has there been a case where they have tried someone for using/possessing one but had it thrown out because of the wording of the law?
BDD Last edited by B.D.Dubloon; 03-21-2009 at 3:41 AM. |
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#2
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Occasionally people get popped for confusion.
CGF has just about settled one case just like this - the DA did a nonfile and ran away from the charges faster than we could attack back. Zillions of folks have hicaps they got before 2000 and should not be afraid to use them. Even most cops seem to be aware of this. From a practical point, don't worry. If questioned about your legal hicap magazine, tell the truth: "I got it before 2000 and am allowed to retain it and use it in any firearm for which it can legally be used."
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----------------------- Bill Wiese San Jose, CA CGF Board Member /NRA Patron Member / CRPA Life Member
![]() No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
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#3
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What if someone finds coupla hicap mags and cant find the rightful owner say in 2008 while shooting on public land? can they just keep em dis-assembled for parts etc ? they cant have em assembeled?
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M.G Kein Mitleid Für Die Mehrheit ![]()
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#4
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It isn't illegal to buy them is it, just to sell right? I was at a range and some guy was using them and he said he just ordered them online (from a major online store which I imagine has changed their policy) and they mailed them to him. While he might have violated the law by arranging to transport them into the state from another, if he had bought them from a store here that was illegally selling them would he have committed a crime? What I am slyly trying to ask is what if your magazines are not preban, owning/using them is still legal right? Thanks for stopping in to answer on this thread Bwiese, I had you in mind when I started it and was really happy you showed up so soon. BDD |
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#5
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I use mine all the time
__________________
![]() "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson Please donate to the Livermore Relay for life ! When you're pushed, killing comes as easy as breathing. -John Rambo |
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#6
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i have a good number of highcap mags and been slightly afraid to use them.
i would kill to start rebuilding some of the worn out ones using pmag kits but i would really not like to explain myself to any inquisitive leo-tard that its a perfectly legal rebuilt mag. |
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#7
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Search, but technically you are illegal. After the 3 year Statute of Limitations is up, you will still be subject to civil confiscation and possibly a great expense in defending yourself. Is it worth it? I think not, but then again, I'm a revolver / lever-action guy. Frankly, the worst damage done has often been done by guys who are good aims with slow guns, and calm demeanor. Look at Oswald, Booth, Ray (King), Sirhan (RFKennedy" (22 revolver), etc. Then you have the nut in Alabama or Georgia the other day who got 9 others with an AR after firing hundreds of rounds.
Last edited by TheBundo; 03-21-2009 at 12:27 AM. |
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#9
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It is not at all prohibited to posses magazines that have a capacity larger than 10 rounds. As long as you don't use them with a fixed magazine (bullet button, prince-50, etc.) semiautomatic rifle, you have nothing to worry about.
There have been an arrest or two, but as Bill mentioned, we'll happily educate LEA's and DA's about what the Penal Code actually says. -Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation - Member, CRPA Board of Directors DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
![]() Ultima Ratio Liberarum |
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#10
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So TheBundo is incorrect? I want to make sure but it seems to me like I'll be in the clear.
BDD |
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#11
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you would be fine
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#12
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What are you talking about? Pre-2000 standard capacity mags are legal, in the right weapon. And what is the point of the Oswald etc. comment? |
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#13
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What about hi caps made after 2000? Possession and use is still legal right? Just not selling or importing?
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#14
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Quote:
-Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation - Member, CRPA Board of Directors DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
![]() Ultima Ratio Liberarum |
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#15
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If someone has some hicaps which were made post 2000, what part of the law are they breaking? (I am not trying to argue with you because you are a million times more knowledgeable in this area than I am, thanks for your time). Thanks, BDD |
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#16
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Strictly speaking, it is "illegal." Practically speaking, you can not be prosecuted. I hope you can read between the lines to see why I'm being precise. Understand that I'm not at all bothered by explaining this set of issues in detail. -Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation - Member, CRPA Board of Directors DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
![]() Ultima Ratio Liberarum |
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#17
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Quote:
BDD |
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#18
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My answer is correct, and so is Gene's. You had better get used to splitting hairs in dealing with this stuff. The Oswald comment is to show how stupid the law is, that the most damage to society hasn't even been done with hi-cap mags, but with old-fashioned weapons in the wrong hands.
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#19
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#20
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BTW, I'm not saying anything the anti's don't know. Saturday Night Specials are in fact still here, but they also aren't the cause of crime. But some people on here are indeed criminals. A recent incident of a member with a loaded shotgun walking down the business district in Vacaville (I think that is where it was, but I'm tired, but the town started with a "V"), who had meth in his house, and over 3,000 posts is but one example. Frankly, these guys deserve to be sent to the slammer.
There is no way there is any right to be walking around a downtown waving a gun around on meth |
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#21
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Peter |
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#22
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What 10/22 Hi Cap mags are there that where made prior to 2000? Manufactures? If I need to rebuild kits, are the tactical innovations 25rd legal? I know there is a guy on calguns that supplies these are rebuilds, so where these around before 2000?
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#23
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i've never had any problems with 10/22 hi cap mags. i think i have like 5-6 of them. couple of them holding 50 round. i bought all mine in 94 and still have my receipts for them.
cops don't care about hi cap mags for 10/22.
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I am offically a gun nut!!!!! |
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#24
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BDD |
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#25
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Butler Creek, Ramline, Eagle, and a few others. The Tactical Innovations are pretty new, but man they look really nice! Not sure about rebuild kits...
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#26
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There was an incident with a popular "calgunner" in Victorville. I assume you did't know, or you would be very very ill-advised to pick at an open wound
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#27
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#28
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What exactly does this mean?
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#30
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Quote:
-Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation - Member, CRPA Board of Directors DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
![]() Ultima Ratio Liberarum |
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#31
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Quote:
http://www.vvdailypress.com/news/sho...ommendedOnly=0 BDD |
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#32
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when you same COMPLETE rebuilds, you're talking internals only, right?
eventually, the lips of mags get outta wack. so, thematically, couldnt you do a rebuild using a new shell and your old internals (follower, springs, perhaps even the plate) |
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#33
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I've failed at searching for the statute of limitations regarding magazines.
Can I get kicked in the right direction, please? Found it: http://calguns.net/calgunforum/showp...0&postcount=35
__________________
![]() Calguns Foundation paycheck contributions are made through my employer's United Way Combined Giving Program. Last edited by otteray; 03-21-2009 at 11:35 AM. |
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#35
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I never heard of any subdivision or nitpicking beyond that.
__________________
![]() Calguns Foundation paycheck contributions are made through my employer's United Way Combined Giving Program. Last edited by otteray; 03-21-2009 at 12:05 PM. Reason: 11 to 10 rounds |
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#36
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One can change the capacity of any legally owned large-capacity magazine to any capacity one wants. The only caution I would add is there should be a path through replacement parts to get from the previously possessed large-capacity magazine to the larger-capacity magazine.
-Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation - Member, CRPA Board of Directors DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
![]() Ultima Ratio Liberarum |
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#37
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Gene, what exactly do you mean by this? I have a problem understanding what people here say.
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#38
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If you have a 20 round AR magazine that you owned on 1/1/1998 you can easily turn it into a 30 round AR magazine. You may have a much harder time defending that somehow that 20 round AR magazine was rebuilt into a 100 round drum, unless you can show how you replaced one part at a time until you ended up with a 100 round drum.
-Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation - Member, CRPA Board of Directors DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
![]() Ultima Ratio Liberarum |
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#39
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don't take a usgi 30 round mag and "rebuild" a beta C drum mag. |
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#40
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If the new larger capacity magazine does not share some parts compatibility with the older one it would have been impossible to modify the old hi-cap into the curretn version while maintaining its legal status as a grandfathered hi-cap.
__________________
The Calguns Foundation - Honorary Board Member. DONATE NOW! Your dollars go DIRECTLY to front-line legal activism in CA. If it was a snake, it would have bit me. Use the goog to search calguns |
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