XDM 9mm - High Cap Mag

[XDM-IT!]

I am moving to CA and have an XDM 9mm with a 19 round magazine. Can I bring this gun with me to CA?

[ironman5669]

gun is fine, you might need to modify the mag to accept only ten rounds, not sure though, I am sure the experts will be along any minute now to clear that up.
Welcome to Kalifornia, ps, better get whatever guns you want before you get here. We have a stupid roster.

[Cokebottle]

You can bring the gun.
You cannot import the large capacity mags.

You can block the mags to 10rds by removing the floorplates and epoxying metal shims on the inside of the body that prevent the follower from moving low enough to accept more than 10 rounds.

[code33]

One method of XDm mag mod to lower capacity.

[IllTemperedCur]

The pistol, yes. You'll have to fill out the self-registration form from CA DOJ when you move to CA, along with the $19 fee.

The 19rd magazines will be a no-go as assembled magazines. You'll need to purchase some 10rd mags or permanently convert the 19rd units to 10rd. Alternately, you can keep the parts from the fully disassembled 19rd mags to use when you go out of state, but you must NEVER ASSEMBLE THEM IN CALIFORNIA. That would be a felony.

There's lots of info on normal-capacity mags in CA here in the forums, everything you need to stay legal. Check the stickys at the top of each page, best place to start.

Welcome to Calguns.

[cruising7388]

No problem with the XDM even though it isn't rostered. It's really bizarre that a California resident can not purchase an XDM from a dealer because it isn't DOJ rostered, but you as an out of state resident can come into California with a dozen of them if you wish. If it is not your intention to become a California resident there doesn't seem to be any limit to your stay before there is a requirement to file a notice with the DOJ. If you do become a resident than there is a timely notice requirement. In either event, there is no problem with the XDM itself.

The potential problem is with the HC mags supplied for the XDM. Sprinfield does not currently manufacture a 10 cartridge mag for the XDM series. And here is where it gets kind of murky. By virtue of its recent date of manufacture, you don't qualify for the exemption for mags that already acquired prior to the HC mag ban. However, there are many forum members who take the position that as the law is written, while importing, selling, giving, lending etc of a HC mag is prohibited, there is nothing in the law that precludes simply possessing one, and that you are under no legal requirement to divulge how you came into that possession. And this begs another question: A California resident can not "import" a HC mag into the state, but is a non-resident of California who brings a HC magazine with him into California, importing anything? In any event, although I'm not sure about this, in the surfing I've done through the forums, I haven't run across any reports of prosecutions and convictions for simple possession of an HC mag.

The most conservative approach to dealing with this can of worms would be to permanently modify your 19 round mags to 10+ capacity and there are some excellent instructions for accomplishing in this forum for a DIY modification.

[damndave]

One method of XDm mag mod to lower capacity.

I used this method on mine. Worked perfectly and very easy to do.

[Cokebottle]

By virtue of its recent date of manufacture, you don't qualify for the exemption for mags that already acquired prior to the HC mag ban.

It wouldn't matter anyway. He acquired the magazines while out of state. The exemption applies only to magazines that were legally owned within California prior to the ban.

However, there are many forum members who take the position that as the law is written, while importing, selling, giving, lending etc of a HC mag is prohibited, there is nothing in the law that precludes simply possessing one, and that you are under no legal requirement to divulge how you came into that possession.

This is true. The burden of proof is on the state to prove that the magazines were manufactured or imported after the ban (and after 3/25/2008 due to the 36 month statute of limitations).

But in the case of the XDm, and an OP who has just indicated on a public forum that he is relocating to California, it would be pretty dumb to take that chance.

And this begs another question: A California resident can not "import" a HC mag into the state, but is a non-resident of California who brings a HC magazine with him into California, importing anything?

Yes. There is no exemption to "importation" for non-residents.

In any event, although I'm not sure about this, in the surfing I've done through the forums, I haven't run across any reports of prosecutions and convictions for simple possession of an HC mag.

That's because possession is not a crime.

PC12020(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.

Those 7 items are the only crimes that one can be charged with.

These are wobblers. Would likely be a felony arrest, but the DA could prosecute as a misdemeanor.

The most conservative approach to dealing with this can of worms would be to permanently modify your 19 round mags to 10+ capacity and there are some excellent instructions for accomplishing in this forum for a DIY modification.

100% correct.

[JeepFreak]

It wouldn't matter anyway. He acquired the magazines while out of state. The exemption applies only to magazines that were legally owned within California prior to the ban

Actually, I believe they only have to be possessed within the state before the ban. If I'm not mistaken, he could live outside the state and merely bring them with him once when he visited CA.
Billy

[NorCal Einstein]

Actually, I believe they only have to be possessed within the state before the ban. If I'm not mistaken, he could live outside the state and merely bring them with him once when he visited CA.
Billy

Still sounds like importing to me.

[Quiet]

Actually, I believe they only have to be possessed within the state before the ban. If I'm not mistaken, he could live outside the state and merely bring them with him once when he visited CA.
Billy

Still won't help the OP because the XDm-9 was invented after 01-01-2000. So, there is no way he could have possesed the large capacity XDm magazines in CA prior in 01-01-2000.

[Cokebottle]

Actually, I believe they only have to be possessed within the state before the ban. If I'm not mistaken, he could live outside the state and merely bring them with him once when he visited CA.

That is true. If Uncle Bob came to visit in 1995 and brought his 30rd AR mags with him, he could today bring them back if he were to move to California.
But the OP obviously didn't possess XDm mags in California before the ban since they didn't exist until mid 2008. This further compounds any potential of "getting away with it"
1 - The statute of limitations is currently at March 2008, so no current resident can even claim that they imported the mags outside of the SoL.
2 - OP is moving into California. Even if he DID have the mags with him illegally during a visit prior to March 2008 (which is impossible for the XDm mags anyways), that does not fall under the exemption, and he would be committing a new crime of importation when he moves into California.

The same would be true if a California resident were to have imported some XD mags in 2005, left the state in 2010 for a hunting trip, and brought them back in during 2010. The SoL would re-start as soon as he crossed the border on the way home with a fresh importation charge, since the expiration of the SoL on the original 2005 crime did not then apply the 12020(b)(23) exemption.

The same will be true of high caps purchased new via "Gene's Package" when that comes to pass.