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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 09-02-2006, 01:01 PM
Pulsar Pulsar is offline
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Default hi cap mag question.

Just a hypthetical, say you had some hi cap (from here on referred to as standard cap) mags that you purchased before the ban. For some reason you had to move out of the state for a couple years, and then sadly you have to move back into the state, what is the fate of these magazines? Just seems like a gray area to me.
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  #2  
Old 09-02-2006, 01:39 PM
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Mssr. Eleganté Mssr. Eleganté is offline
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First thing I would do upon moving back to California would be to go to the storage locker where I had left all of my stan-caps locked up and make sure they were all OK.

Since they would have been locked up, still under my control the whole time because of the lock, no transfer would have taken place. And since they would have been in California the whole time, no importation would have taken place. So they would still be legal for me to own and use in California.

If you took the mags with you when you left California and became a resident of another state, then bringing them with you when you move back here might be considered importing.
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  #3  
Old 09-02-2006, 04:54 PM
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I thought if you were a resident of another state, it didn't matter if they were left here?
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  #4  
Old 09-02-2006, 06:01 PM
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Hunter Hunter is offline
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Quote:
Originally Posted by Pulsar
Just a hypthetical, say you had some hi cap (from here on referred to as standard cap) mags that you purchased before the ban. For some reason you had to move out of the state for a couple years, and then sadly you have to move back into the state, what is the fate of these magazines? Just seems like a gray area to me.

You would be OK to bring them back in as there is no time line stated for how long they can be out of state nor are there any residency requirements.

You only had to legally posses them in the state prior to 1-1-2000.

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:
(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 Hunter; 09-02-2006 at 07:59 PM..
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  #5  
Old 09-06-2006, 07:49 PM
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Hunter, the text you are quoting is from a bill that hasn't passed. http://info.sen.ca.gov/pub/bill/sen/...ntroduced.html

Mark
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  #6  
Old 09-06-2006, 07:54 PM
mcrd mcrd is offline
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Default o no

turn them in dont be a fool
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Old 09-07-2006, 07:07 AM
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Quote:
Originally Posted by Hunter
You would be OK to bring them back in as there is no time line stated for how long they can be out of state nor are there any residency requirements.

You only had to legally posses them in the state prior to 1-1-2000.
Imagine trying to convince LEO that you lawfully owned the mags and you are just coming back from an out of state shoot

Better get some bills of sale... I know I bought most of my mags at gun shows so now I don't really have a bill of sale, as such I don't take std. cap. mags anywhere, I only shoot 10s out and about.


J
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Old 09-07-2006, 12:12 PM
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Quote:
Originally Posted by mcrd
turn them in dont be a fool
Turn them in? Jeez.

At least sell them on the Equipment Exchange at AR15.com if you're going to get rid of them. Never just give your PROPERTY away to "authorities" if you can sell it.
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Last edited by Fate; 09-07-2006 at 12:24 PM..
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Old 09-07-2006, 12:19 PM
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Quote:
Originally Posted by JPglee1
Imagine trying to convince LEO that you lawfully owned the mags and you are just coming back from an out of state shoot
You don't HAVE to convince LEO you owned them prior to Dec 31, 1999 and are bringing them back into the state.

The burden of proof falls on the LEO to demonstrate you didn't previously own them. But if the standard capacity mags you have in your possession were manufactured after 2000, you're SOL.
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"We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments." Nordyke v. King 4/20/09

"But there are some persons, who would, if possibly they could, perswade [sic] the people never to make use of their constitutional rights or terrify them from doing it." Samuel Adams 2/27/1769

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  #10  
Old 09-07-2006, 01:07 PM
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The Mags Need To Stay In A Free State Or Be Distroyed/turned In, Period, THERE IS NO GREY AREA!




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