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2nd Amend. Politics and Laws Discuss gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 03-20-2009, 11:31 PM
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B.D.Dubloon B.D.Dubloon is offline
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Default Has anyone ever had to test the high capacity magazine law?

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?

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Old 03-21-2009, 12:06 AM
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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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Old 03-21-2009, 12:12 AM
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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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Old 03-21-2009, 12:18 AM
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Quote:
Originally Posted by kakpataka View Post
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?
I would think that they would be ok ay to use them but Bweise will know for sure.

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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Old 03-21-2009, 12:19 AM
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I use mine all the time
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Old 03-21-2009, 12:21 AM
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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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Old 03-21-2009, 12:24 AM
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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.

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Old 03-21-2009, 12:24 AM
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Never had a problem using mine
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Old 03-21-2009, 12:24 AM
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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
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Old 03-21-2009, 12:35 AM
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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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