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Pre-ban Mag Legality question.

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  • The Cable Guy
    Senior Member
    • Aug 2008
    • 1277

    Pre-ban Mag Legality question.

    Say someone has legally owned pre-ban standard cap magazines. For this example, lets say they have one standard 12 round magazine, and the other magazine is a standard 12rd, plus a +2 extension, bringing it to 14 rounds.

    Will the owner of the mags be able to go from 12 +2 to 14?

    Will the owner of the mags be able to go from 14 -2 to 12?

    Will the owner of the mags be able to go from 14 -2 to 12, then back to 14 as needed?

    www.theshootersblog.com
  • #2
    freonr22
    I need a LIFE!!
    • Dec 2008
    • 12945

    imho anything over 10 is the same, 11,17,36 etc
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    • #3
      Sam
      Calguns Addict
      CGN Contributor
      • Jul 2008
      • 5205

      From what I understand, a "high capacity" mag is a "high capacity" mag.

      Comment

      • #4
        The Cable Guy
        Senior Member
        • Aug 2008
        • 1277

        Interesting, I've always wondered this. I figured the CA DOJ would create some nonsense law that would restrict capacity if it was altered from original configuration. I guess not.

        www.theshootersblog.com

        Comment

        • #5
          leelaw
          Junior Member
          CGN Contributor - Lifetime
          • Oct 2005
          • 10445

          If the magazine is high capacity, there is no restriction from making it a higher capacity or lesser capacity magazine.

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44640

            But...

            Point of order: "pre-ban" has no meaning, because large-capacity magazines are not banned.

            Heroin is banned. Outside of LEO (evidence) and some scientific situations, possession of heroin is illegal.

            Not so for large-capacity magazines.

            So, let's try to extinguish the usage of 'ban' in the context of large-capacity magazines.
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            • #7
              The Cable Guy
              Senior Member
              • Aug 2008
              • 1277

              Originally posted by Librarian
              But...

              Point of order: "pre-ban" has no meaning, because large-capacity magazines are not banned.

              Heroin is banned. Outside of LEO (evidence) and some scientific situations, possession of heroin is illegal.

              Not so for large-capacity magazines.

              So, let's try to extinguish the usage of 'ban' in the context of large-capacity magazines.
              Well, was there not legislation passed prohibiting (banning) the sale, importation, manufacture, giving or lending of such magazines?

              So isn't in a sense a ban, although not banning the possession of?

              www.theshootersblog.com

              Comment

              • #8
                cmichini
                Senior Member
                • Oct 2008
                • 1739

                I think the Librarian's point is it is not the magazine itself that is pre-ban but is whether you possessed it pre-ban (good) or if it came into your possession post-ban ('evil')
                NRA Certified Rifle Instructor
                NRA Certified Range Safety Officer

                Comment

                • #9
                  professorhard
                  Senior Member
                  • Jun 2008
                  • 2328

                  No regulations against alteration of capacity of legally possessed large capacity ammunition feeding devices in the state of CA.
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                  Comment

                  • #10
                    The Cable Guy
                    Senior Member
                    • Aug 2008
                    • 1277

                    Originally posted by cmichini
                    I think the Librarian's point is it is not the magazine itself that is pre-ban but is whether you possessed it pre-ban (good) or if it came into your possession post-ban ('evil')

                    Right. However, couldn't the term "pre-ban magazine" also refer to possession of the magazine before such "ban" ?

                    Not trying to argue, just trying to understand. CA Legislation needs to be taken under a microscope to figure out.

                    www.theshootersblog.com

                    Comment

                    • #11
                      Noah3683
                      Senior Member
                      • Aug 2009
                      • 2256

                      I don't want to thread jack, but I also don't want to waste time/space posting a new thread. I originally bought a glock back in 1999. something about being 21 and able to. Well I had 6 mags and I had to sell the gun shortly after. I still have 4 of those mags... which was part of the reasoning behind me buying a glock 23 now. I know the legality of owning them, but how much would I actually be harassed if using them (blm), and if used in a home defense situation am I likely looking at compounded problems? I know there are local leo that figure possession and use of high caps as a felony regardless of situation. Thanks
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                      Comment

                      • #12
                        GearHead
                        Member
                        • Jul 2009
                        • 408

                        Originally posted by Noah3683
                        I don't want to thread jack, but I also don't want to waste time/space posting a new thread. I originally bought a glock back in 1999. something about being 21 and able to. Well I had 6 mags and I had to sell the gun shortly after. I still have 4 of those mags... which was part of the reasoning behind me buying a glock 23 now. I know the legality of owning them, but how much would I actually be harassed if using them (blm), and if used in a home defense situation am I likely looking at compounded problems? I know there are local leo that figure possession and use of high caps as a felony regardless of situation. Thanks
                        Use them to your heart's content. If a LEO gives you crap, say nothing. Easy as that. They have to PROVE that you mfg'd them, imported them or somehow came into their possession illegally. Since you didn't, that's gonna be pretty dang hard.

                        Comment

                        • #13
                          Crom
                          Senior Member
                          • Feb 2010
                          • 1619

                          Originally posted by GearHead
                          Use them to your heart's content. If a LEO gives you crap, say nothing. Easy as that. They have to PROVE that you mfg'd them, imported them or somehow came into their possession illegally. Since you didn't, that's gonna be pretty dang hard.
                          This is my understanding as well.

                          Comment

                          • #14
                            bigcalidave
                            CGN/CGSSA Contributor - Lifetime
                            CGN Contributor - Lifetime
                            • Jan 2009
                            • 4489

                            Everytime I see a thread like this I toss in this, there are MILLIONS of high cap mags in CA. If you are worried about using them, you don't go shooting enough. In the rest of the country, there are HUNDREDS of MILLIONS of high cap mags. The law is a farce, enforcement is nearly impossible, and some time soon it will all go away.
                            ...

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                            • #15
                              Librarian
                              Admin and Poltergeist
                              CGN Contributor - Lifetime
                              • Oct 2005
                              • 44640

                              Originally posted by The Cable Guy
                              Well, was there not legislation passed prohibiting (banning) the sale, importation, manufacture, giving or lending of such magazines?

                              So isn't in a sense a ban, although not banning the possession of?
                              There is such a law, and it is not a ban on magazines; therefore, there cannot be pre-ban magazines, only pre-ban-magazine-transfers.

                              As I said, heroin is an example of a thing that is actually banned - it is generally illegal to buy, sell, use, possess or be addicted to heroin.
                              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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