High Capacity VS Higher Capacity - Is there a difference?

[M4John]

Im not looking to start an argument (its an internet forum, its inevitable), or a debate on facts or specifications, but rather get opinions as to what we may or may not do with high cap magazines. with that said, consider the following:

In the light of the latest "opportunity" from Judge Bennitez, acquiring (large or high) capacity magazines was a legal reality for all of us for about a week. Since then, the Judge was asked to re-think his decision, and has basically ruled if you didn't acquire/manufacture these magazines that are over 10 rounds during that week, you may no longer.
So what I want to know is, can we legally take a (high) capacity magazine which was acquired lawfully, and add a base pad to it, to further increase its capacity? Lets say you had a Glock 17 with a standard magazine for it, holding 17 ( or what ever they hold ) and add a plus 2 base pad to it. Can that be done with out breaking the law as its written?
This would be outside the scope of the law if done with a 10 round magazine... But what about an already "high cap" magazine?
My thought process is, there are definitions for High Capacity magazines... In short, a Magazine that can hold more than 10 rounds... but no where in the definition does it have a limit on how many more than 10 it can contain...
So, I guess I'm asking, can you make a high capacity magazine, a higher capacity magazine.?
Just wondering your thoughts...

[Citadelgrad87]

Originally Posted by California_Deplorable

Whats a "high capacity" magazine?

Clearly defined in California statutes. I get the desire to resist loaded nomenclature, but, here, we are speaking specifically of California law, and california law uses that term.

Clarity is needed.

[champu]

Originally Posted by M4John

So what I want to know is, can we legally take a (high) capacity magazine which was acquired lawfully, and add a base pad to it, to further increase its capacity? Lets say you had a Glock 17 with a standard magazine for it, holding 17 ( or what ever they hold ) and add a plus 2 base pad to it. Can that be done with out breaking the law as its written?

Your problem is this...

32311 (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2014, any person in this state who knowingly manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large capacity magazine conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310.

(b) For purposes of this section, a “large capacity magazine conversion kit” is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine.

There's no exception in 32311 for the acquisition of base pads "so long as they are only intended for use with a magazine that is already large-capacity." All that matters is whether it is capable of turning a 10 rounder into an 11+ rounder.

One could argue (whether successfully or not is a different question) that given the design of, say, S&W M&P 10 round magazines (see below), a base pad extension to make a 17 rounder into a 21 or 23 rounder was not capable of turning a magazine into a large capacity magazine because if you tried to use it on the 10 rounder a) the spring would probably not be long enough to function correctly and b) it wouldn't fit in any guns that I'm aware of.

[M4John]

Originally Posted by champu

Your problem is this...



There's no exception in 32311 for the acquisition of base pads "so long as they are only intended for use with a magazine that is already large-capacity." All that matters is whether it is capable of turning a 10 rounder into an 11+ rounder.

One could argue (whether successfully or not is a different question) that given the design of, say, S&W M&P 10 round magazines (see below), a base pad extension to make a 17 rounder into a 21 or 23 rounder was not capable of turning a magazine into a large capacity magazine because if you tried to use it on the 10 rounder a) the spring would probably not be long enough to function correctly and b) it wouldn't fit in any guns that I'm aware of.

Yes, that answers my question, thank you.

[jcwatchdog]

Or how about you just keep all the magazines that you purchased during freedom week that already had the + base plates already installed and just leave it at that?

It’s nice to see everyone falling back in line again.

Originally Posted by M4John

Im not looking to start an argument (its an internet forum, its inevitable), or a debate on facts or specifications, but rather get opinions as to what we may or may not do with high cap magazines. with that said, consider the following:

In the light of the latest "opportunity" from Judge Bennitez, acquiring (large or high) capacity magazines was a legal reality for all of us for about a week. Since then, the Judge was asked to re-think his decision, and has basically ruled if you didn't acquire/manufacture these magazines that are over 10 rounds during that week, you may no longer.
So what I want to know is, can we legally take a (high) capacity magazine which was acquired lawfully, and add a base pad to it, to further increase its capacity? Lets say you had a Glock 17 with a standard magazine for it, holding 17 ( or what ever they hold ) and add a plus 2 base pad to it. Can that be done with out breaking the law as its written?
This would be outside the scope of the law if done with a 10 round magazine... But what about an already "high cap" magazine?
My thought process is, there are definitions for High Capacity magazines... In short, a Magazine that can hold more than 10 rounds... but no where in the definition does it have a limit on how many more than 10 it can contain...
So, I guess I'm asking, can you make a high capacity magazine, a higher capacity magazine.?
Just wondering your thoughts...

[Dvrjon]

Originally Posted by Citadelgrad87

Clearly defined in California statutes. I get the desire to resist loaded nomenclature, but, here, we are speaking specifically of California law, and california law uses that term.

Clarity is needed.

Ummmm.

“Large Capacity Magazine”, Yes? PEN 16740

[Librarian]

Legal question, so moved.

Some posts deleted as off topic after move to Legal forum.

[Chewy65]

You just manufactured a 19 round magazine, where none had existed. It looks like a violation of 32310 (a).

[champu]

Originally Posted by Chewy65

You just manufactured a 19 round magazine, where none had existed. It looks like a violation of 32310 (a).

Mmmmm... maybe, but that’s pretty thin.

[Dvrjon]

Originally Posted by Chewy65

You just manufactured a 19 round magazine, where none had existed. It looks like a violation of 32310 (a).

If one looks to the definition of “manufacturing” in PEN 32310(b):

(b) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine.

Similarly, technically, after disassembly of an LCM for cleaning, one can’t reassemble it without transgressing.

But, that would be silly.....

[kcheung2]

I can't speak for base pad extensions, but what the belt fed guys do (in light of freedom week) is load a dummy in the 11th-from-last spot, so that way the belt always stays at 11+ even if they get too enthusiastic & lose track when firing. Then they can reattach links to any length they want since it's already an 11+ belt.