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  • bongfoo
    Senior Member
    • Mar 2009
    • 969

    high cap mag question

    hello all,
    i have a question real fast. i know that high caps are illegal here in cali. but here is my question...
    i have a glock 17 with 3 10 rnd mags. it just so happens that one of the mags will accept a 11th round. now keep in mind that this is a completely factory stock mag. i have in no way modified this magazine. it just so happens that this is the magazine that came with my glock. my question is, is this mag "illegal"? and if so what should i do about it? (besideds the obvious "give it to me", or "throw it away")
  • #2
    lorax3
    Super Moderator
    CGN Contributor - Lifetime
    • Jan 2009
    • 4633

    Possession of high-cap magazines in not illegal. However if I were you I would "fix" the mag so it could only hold ten rounds. Again possession is not illegal, so in theory you have done nothing illegal.

    12020 (a)(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.
    You think you know, but you have no idea.

    The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

    Comment

    • #3
      pwall
      Senior Member
      • Sep 2007
      • 615

      only load it up to ten and dont worry about it.

      Comment

      • #4
        lorax3
        Super Moderator
        CGN Contributor - Lifetime
        • Jan 2009
        • 4633

        Originally posted by pwall
        only load it up to ten and dont worry about it.
        It is not relevant how many rounds are in the magazine, the only thing that is relevant would be how many it can hold in terms of defining a "large-capacity magazine".

        (25) As used in this section, "large-capacity magazine" means any
        ammunition feeding device with the capacity to accept more than 10
        You think you know, but you have no idea.

        The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

        Comment

        • #5
          BigDogatPlay
          Calguns Addict
          • Jun 2007
          • 7362

          I can't imagine a LEO standing around trying to see how many rounds the mag holds. Load ten and call it good.
          -- Rifle, Pistol, Shotgun

          Not a lawyer, just a former LEO proud to have served.

          Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

          Comment

          • #6
            lorax3
            Super Moderator
            CGN Contributor - Lifetime
            • Jan 2009
            • 4633

            Originally posted by BigDogatPlay
            I can't imagine a LEO standing around trying to see how many rounds the mag holds. Load ten and call it good.
            The issue is not the individual magazine although it may cause added hassle. Only filling a magazine with ten rounds does not make it any less of a large-capacity magazine. If you are going to keep the magazine you might as well fill it to 11, filling it to ten won't make a difference if it can still contain 11.
            You think you know, but you have no idea.

            The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

            Comment

            • #7
              snobord99
              Senior Member
              • May 2009
              • 2318

              Actually, I think I know what he's talking about. My buddy's g17 10 round mag could also hold 11. I would say that this is still a 10 round mag as it was designed to only hold 10 and your jamming the 11th round in there doesn't make it an 11 round mag (not legally speaking, but design speaking).

              If I'm correct, the g17 is meant to be a 10+1 and if you try you actually can't get that mag in there w/11 rounds and 1 in the chamber. Or something to that effect. I don't recall exactly what the deal was, but I know that he couldn't get 12 rounds to sit in that gun and have it function normally.

              Just don't put more than 10 in it. Just because you can cram 11 rounds in there doesn't mean it's a good idea.
              Everyone opposes judicial legislation until the judiciary legislates in their favor.

              Comment

              • #8
                Quiet
                retired Goon
                • Mar 2007
                • 30241

                Sounds like you have one of the first run 10 round magazines that Glock made.
                They had a habit of loading 11 rounds instead of 10. Usually when the magazine spring starts to wear out.
                Glock changed out the magazine spring and altered the interior of the magazine body to correct this.

                Take it to a GSSF match or send it back to Glock and they'll repair it for free.
                sigpic

                "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                Comment

                • #9
                  dilligaffrn
                  Senior Member
                  • Feb 2005
                  • 635



                  see #9
                  What Is A Veteran?

                  A "Veteran" -- whether active duty, discharged, retired, or reserve -- is someone who, at one point in his or her life, wrote a blank check made payable to "The United States of America," for an amount of "up to, and including his or her life."

                  USN 1986-1997

                  sigpic

                  Comment

                  • #10
                    lorax3
                    Super Moderator
                    CGN Contributor - Lifetime
                    • Jan 2009
                    • 4633

                    Originally posted by dilligaffrn
                    I would avoid relying on the DOJ's FAQ worksheet for answers. As even in that response the DOJ claims that "buying" a high-capacity magazine is prohibited by law. The statute however makes no reference to a prohibition of "buying".
                    You think you know, but you have no idea.

                    The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

                    Comment

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