Large cap mag 'part kit' question

[thefurball]

I presume this has been covered previously, but I would like to hear it one more time please. The premise and all questions, naturally, are in the hypothetical.

Premise: Someone is given a number of pre 2000 magazines that have a capacity greater than 10. Said individual immediately upon receipt of said magazines breaks them down into their component parts. Said person is a resident of the PRK.

Q. 1: Once the magazines are broken down into parts, are such parts legal to possess in the PRK as a group?

Q. 2: Can said parts legally be sold as 'part kits' in the PRK?

[-hanko]

I presume this has been covered previously, but I would like to hear it one more time please. The premise and all questions, naturally, are in the hypothetical.

Premise: Someone is given a number of pre 2000 magazines that have a capacity greater than 10. Said individual immediately upon receipt of said magazines breaks them down into their component parts. Said person is a resident of the PRK.

Q. 1: Once the magazines are broken down into parts, are such parts legal to possess in the PRK as a group?

Q. 2: Can said parts legally be sold as 'part kits' in the PRK?

Brevity = Clarity

If said receiver of said magazines were given the mags prior to 2000, it's legal for said receiver to possess them either as magazines or parts.

If said receiver of said magazines were given the mags after the mag ban, he violated the law...whether said receiver of said magazines immediately 'broke them down into their component parts or left them assembled. Probably better if said resident of the Peoples' Republic "found" the mags.

I assume you're asking the question just because you're curious, or you're trying to help a "friend"...

Probably better if you deleted the entire aforementioned thread regarding said magazines and the said premise to begin with.

Enough said.

hth

-hanko

eta...you're correct in presuming the topic has not only been covered previously, it's been beaten to death.

[camsoup]

Brevity = Clarity

If said receiver of said magazines were given the mags prior to 2000, it's legal for said receiver to possess them either as magazines or parts.

If said receiver of said magazines were given the mags after the mag ban, he violated the law...whether said receiver of said magazines immediately 'broke them down into their component parts or left them assembled. Probably better if said resident of the Peoples' Republic "found" the mags.

I assume you're asking the question just because you're curious, or you're trying to help a "friend"...

Probably better if you deleted the entire aforementioned thread regarding said magazines and the said premise to begin with.

Enough said.

hth

-hanko

eta...you're correct in presuming the topic has not only been covered previously, it's been beaten to death.

Actually only the person that is "giving" "lending" or "selling" the magazine would be in violation of the law.

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.


Now if someone was to manufacture a high capacity parts kit they had received/purchased after 2000 into a complete magazine then they would have violated the same said code.

But the code does not actually prohibit the receiving or purchasing of high capacity magazines, only the giving, lending or selling of them.

It goes to show just how asinine this law really is.

[thefurball]

Brevity = Clarity
... I assume you're asking the question just because you're curious...

I ask as I have seen ads on this and other forums for large capacity 'part kits' and was wondering how this was possible legally based on the presumption that owning any such kit and assembling it are two very different things.

My presumption is that this may be feasible if there is no 'constructive possession clause in the regulation. I asked as I thought someone here might have sufficient knowledge of the topic to satisfy my curiosity.

[thefurball]

... if someone was to manufacture a high capacity parts kit they had received/purchased after 2000 into a complete magazine then they would have violated the same said code.

So if this person does NOT assemble said parts there is no violation of the regs.

[camsoup]

So if this person does NOT assemble said parts there is no violation of the regs.

Correct..... this person could even use the parts to repair a high capacity magazine that they legally own and still be within the law.

Another reason someone in CA might own a High Cap. Mag kit is that they leave the state often and want that higher capacity to CCW out of state or shoot at an out of state range. Nothing says you cant assemble those mags once outside CA, and has long has you disassemble them before you re enter CA, you would be within the law.

[1911whore]

You obtained them to repair the ones you had prior to 2000 that were damaged right??????

[-hanko]

Actually only the person that is "giving" "lending" or "selling" the magazine would be in violation of the law.

It goes to show just how asinine this law really is.

Point taken, I was very unclear as to who "he" was...should have said the giver/lendor/seller.

thanks

-hanko

[professionalcoyotehunter]

[thefurball]

Not doubt... but unless you happen to be in the same room as the dead horse you wouldn't known it was a) dead or b) being beaten.

I asked the original question as it came up in conversation yesterday with a friend (after a few too many beer) and I hate to loose a bet.

Thank you all for the input and thanks to those of you that refrained from screaming:

[leelaw]

But the code does not actually prohibit the receiving or purchasing of high capacity magazines, only the giving, lending or selling of them.
[/B]

Penal code does not cover this, correct. It does make you an accomplice in the felonious sale, however.

As for the "say you 'found them'" guys - civil code covers the failure to deliver found items of value to your PD.

[JaMail]

would normal lost and found apply to this? as you can put a claim on "found" items of value and if no one claims them in a reasonable amount of time..

finders keepers, losers weepers?

[stix213]

Most here already know this, but another reason to acquire high cap mag parts kits is to assemble them into 10 round mags by permanently altering them so they cannot be reassembled into high caps. For example, the mag on my Saiga in my sig pic is a 10 rounder based on a 30 round kit (now called a 10/30 mag).

Doing the same thing with a Glock drum mag kit would be awesome for my little G26

[dchang0]

Actually, I learned something new from this thread. I did not previously know that it was the GIVER/LENDER that was in violation of the law and had thought it was the receiver.

Good to know!

[IrishPirate]

it's always better to have possessed them prior to the ban....i mean realistically, who keeps receipts that long???? as far as any LEO is concerned ANY hi cap mag in the state could be in possession of anyone who was at least 15 (i'm only 90% on that age) when the ban went into effect. Even if the hi cap looks new, it could have been legally rebuilt. that is assuming that it's being used in a legal gun!!, and of course, no one would ever take this to mean that you can buy hi caps out of state, dissassemble and bring back, then use...that would be wrong, and illegal, and i for one sure dont condone it!!!!................(insert leagal fine print here)