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Hi cap mag ?'s

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  • xjrat
    Junior Member
    • Jan 2007
    • 24

    Hi cap mag ?'s

    Hi all,
    I am new to this site and have joined because I have seen some good discussions and appreciate that there is a site for Kalifornians and guns.

    My questions is about a friend who has a Glock that he bought about a year ago and has since acquired two 16 round mags from a local gun show. I thought it was illegal but he said that the guy said it wasn't. My friend said the guy also said it wasn't illegal to buy those in Ca just illegal for people to sell them here
    I am reintroducing my self to guns after about 10yrs away from them so I am a little confused about all the new laws. As a matter of fact I was surprised to find out that you now have to do a DROS background check on ALL guns including rifles and shotguns
  • #2
    SVTNate
    Senior Member
    • Nov 2005
    • 1418

    Your friend's mags are illegal. As of January 1st, 2000, no mags above 10 rounds may be purchased, sold, manufactured, or imported into CA with the exception of LEO's and FFL's for the purpose of selling them to LEO's.

    You had to own >10 round mags prior to that date, and have those mags inside California, for them to be legal.

    It is legal to purchase parts for those magazines from out of state, but only for the purposes of repairing a legally owned magazine. You cannot buy parts from out of state and assemble a new mag.

    Comment

    • #3
      icormba
      Senior Member
      • Oct 2005
      • 1826

      That's a pretty funny post, thanks... needed that!
      Chris
      http://www.m1garand.net

      Comment

      • #4
        wutzu
        Member
        • Jan 2006
        • 325

        IIRC, the law specifically states " Sell, expose for sale, import, cause to be imported, manufacture or cause to be manufactured".

        There was a thread about this a month ago ("finding" hi-capacity magazines), and language such as "purchase", "buy" or "acquire" is conspicuously absent from the law.

        IANAL, and I am not endorsing breaking the law in any way, but it appears that mystery magazine guy at the fun show may have been correct, to a point.

        It's still tenuous ground though, and I'd say for your friend to try and keep a low profile about it.

        Semi-offtopic: I remember being in a sporting goods store one time, and some other customer asked about high-caps. The kid behind the counter said "you can't get them in california, but you can get them in Nevada" Amazing advice, let me tell you.
        If you're not a resident of California, please don't waste your time trying to sell handguns here. A: your handgun is not on the approved list, and can't be sold here or B: We can already get it here with less hassle.

        Thank you CGF and Leadership FFLs for NeRFing the roster!

        Comment

        • #5
          Jason_R
          Member
          • Apr 2006
          • 379

          I've NEVER heard of a single case of anyone being prosecuted for a hi-cap pistol magazine.

          that being said, my previous stay in Cali (and I'm coming back, it's bittersweet :\) I've used hi-cap mags at numerous ranges and never had so much as one glance.

          Comment

          • #6
            rorschach
            Veteran Member
            • Apr 2006
            • 4405

            Originally posted by Jason_R
            I've NEVER heard of a single case of anyone being prosecuted for a hi-cap pistol magazine.
            I made the same statement a while back. I'm gonna tell you the same thing xeno told me: "Just because YOU havent heard of it doesnt mean it never happened."

            It has.
            Last edited by rorschach; 01-16-2007, 7:21 PM.
            L.A. County
            Mailed to LASD Hall of Justice: 6/27/2022 received:6/28
            Check cashed: 8/22/2022
            Livescan: 4/22/2023 DOJ 4/22 FBI 4/23 Firearms 4/26
            Call for interview: 5/24/2023 Interview: 5/31/2023
            PTT: 8/21/23 Training submitted 8/27/23
            Call for pickup 10/12/23 Pickup: 11/8/23

            Comment

            • #7
              tankerman
              I need a LIFE!!
              • Mar 2006
              • 24240

              I was looking though "CRAIGS LIST" in Los Angeles about a month ago and saw some guy selling High cap Glock mags. It's amazing what some people will do....

              Comment

              • #8
                lonewolf
                Member
                • Jan 2007
                • 127

                I would be amazed if someone was prosecuted for that. I'm sure they would be SURRENDERED maybe but PROSECUTION I don't know.

                Comment

                • #9
                  slick_711
                  Veteran Member
                  • Feb 2006
                  • 4400

                  Technically I believe it's a felony *per* magazine, so don't be so hasty to assume they wouldn't prosecute. They'd most likely plea bargain, but I doubt they'd neglect to prosecute entirely depending on the case.

                  Comment

                  • #10
                    hoffmang
                    I need a LIFE!!
                    • Apr 2006
                    • 18448

                    There have been importation large-capacity magazine prosecutions. I have yet to find a verified large-capacity magazine manufacturing prosecution.

                    Possession or purchase is not illegal.

                    -Gene
                    Gene Hoffman
                    Chairman, California Gun Rights Foundation

                    DONATE NOW
                    to support the rights of California gun owners. Follow @cgfgunrights on Twitter.
                    Opinions posted in this account are my own and not the approved position of any organization.
                    I read PMs. But, if you need a response, include an email address or email me directly!


                    "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

                    Comment

                    • #11
                      Matt C
                      Calguns Addict
                      • Feb 2006
                      • 7128

                      This must be the same guy that tried to sell mags to JP...
                      I do not provide legal services or practice law (yet).

                      The troublemaker formerly known as Blackwater OPS.

                      Comment

                      • #12
                        dfletcher
                        I need a LIFE!!
                        • Dec 2006
                        • 14794

                        With respect to "finding" a regular +10 capacity magazine - let's make an assumption that's not illegal (so long as you didn't find them in your mailbox after Ammoclip.com sent them to your pal in OR). But I think once you find it it's yours or it's turned in to LE - if you turn around and sell it that's illegal. Just a guess on my part.
                        GOA Member & SAF Life Member

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