Unconfigured Ad Widget

Collapse

15 round mag illegal?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • #16
    drifter2be
    Senior Member
    • Jan 2011
    • 2177

    Originally posted by emsalex
    Polite thing to do is return it.

    But found mags are yours and "legal"
    Let me make sure I understand this correctly. If I happen to just come across a magazine that holds more than 10 rounds just lying around in my back yard it is legal to keep and use?

    Also in response to Freq18Hz's post, since I forgot to multi-quote, I thought the burden of proof is on them to prove that you don't possess it legally, not on you to prove that you had it pre-ban or by any other legal means. What you are saying makes us guilty until proven innocent. (of course thats how all the anti-gunners and liberal politicians and liberal LEOs like to see us)
    Any man who afflicts the human race with ideas must be prepared to see them misunderstood. - H.L Mencken
    Hokey religions and ancient weapons are no match for a good blaster at your side, kid. - Han Solo

    "Moms Demand Action" sounds less like a gun control group and more like the title of a porn flick from the mid-90s.

    Comment

    • #17
      robcoe
      Calguns Addict
      • Apr 2010
      • 8685

      have your dad ask his buddys to check their magazines, then disassemble the magazine and send it to the guy who accidently got the 10 rounder.

      Not so much for legal reasions(found is basicly the 1 legal way for an normal person to get full capacity magazine), but just because it is his and it's the right thing to do.
      Yes, I am an electrical engineer.
      No, I will not fix your computer.

      Comment

      • #18
        SantaCabinetguy
        I need a LIFE!!
        • Feb 2011
        • 15142

        I'm with the camp that says you should ask around and try to return it.
        It obviously belonged to someone else.

        If no one claims it, than your dad got lucky and found a std capacity mag; but since you didn't find it, its your dad's.

        Either way, possession of magazines > 10rds is not illegal and you can consult the wiki for that.
        Hauoli Makahiki Hou


        -------

        Comment

        • #19
          Sam
          Calguns Addict
          CGN Contributor
          • Jul 2008
          • 5205

          Originally posted by drifter2be
          I thought the burden of proof is on them to prove that you don't possess it legally
          Possession isn't illegal California. The prosecutor would need to prove beyond a reasonable doubt that you "manufactured or caused to be manufactured, imported into the state, kept for sale, or offered or exposed for sale, or gave, or lent, any large-capacity magazine" in order for you to be convicted of a felony. PC 12020. You don't have to prove anything.
          Last edited by Sam; 02-13-2012, 1:05 PM.

          Comment

          • #20
            bubbapug1
            Calguns Addict
            • Nov 2008
            • 7958

            read this and lets stop wasting bandwidth

            I love America for the rights and freedoms we used to have.

            Comment

            • #21
              jonc
              Calguns Addict
              • Aug 2009
              • 6403

              i would..........

              return it.... you dont NEED the extra 5 rounds!!!

              Comment

              • #22
                TheBladeRunner
                Junior Member
                • Feb 2012
                • 28

                Originally posted by drifter2be
                I thought the burden of proof is on them to prove that you don't possess it legally, not on you to prove that you had it pre-ban or by any other legal means. What you are saying makes us guilty until proven innocent.
                +1 prosecutor bears the burden of proof

                Comment

                • #23
                  InGrAM
                  Veteran Member
                  • Dec 2010
                  • 3699

                  Return it. If for some reason you can't, keep it.

                  Comment

                  • #24
                    emsalex
                    Senior Member
                    • Jan 2012
                    • 550

                    Originally posted by drifter2be
                    Let me make sure I understand this correctly. If I happen to just come across a magazine that holds more than 10 rounds just lying around in my back yard it is legal to keep and use?

                    Also in response to Freq18Hz's post, since I forgot to multi-quote, I thought the burden of proof is on them to prove that you don't possess it legally, not on you to prove that you had it pre-ban or by any other legal means. What you are saying makes us guilty until proven innocent. (of course thats how all the anti-gunners and liberal politicians and liberal LEOs like to see us)
                    This is the law as I understand it, but that isnt saying much
                    Originally posted by rickey65
                    No money is fine but perhaps he may learn how fast he will forget not to engage in fraudulent activities with good people.

                    Comment

                    • #25
                      HBchevelle68
                      Member
                      • Jul 2011
                      • 275

                      ok to clear things up.

                      YES! this really is what happened! we are currently searching for the person who's mag may be missing but so far no luck.

                      So we can all stop assuming i have made this up, or stole it. its a legitimate question. if you dont have a better answer than "give it back" then just dont reply

                      Comment

                      • #26
                        stix213
                        AKA: Joe Censored
                        CGN Contributor - Lifetime
                        • Apr 2009
                        • 19002

                        I'd try to return it for ethical, not legal, reasons.

                        Comment

                        • #27
                          Lead Waster
                          I need a LIFE!!
                          • Sep 2010
                          • 16650

                          I think the CADOJ is saying "Hey, we're not saying you can't bear and keep arms, we're saying you can't (x,y,z) magazines with more than 10 rounds."

                          The constitution never mentioned round count per magazine. I'm sure back in the day, they'd be impressed with a gun that held more than ONE round. So back then a high cap magazine would be ... 2 rounds?
                          ==================

                          sigpic


                          Remember to dial 1 before 911.

                          Forget about stopping power. If you can't hit it, you can't stop it.

                          There. Are. Four. Lights!

                          Comment

                          • #28
                            morrcarr67
                            I need a LIFE!!
                            • Jul 2010
                            • 15045

                            Originally posted by stix213
                            I'd try to return it for ethical, not legal, reasons.
                            Right.

                            Originally posted by Matthew 7:12

                            So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets.
                            Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                            Originally posted by Erion929

                            Comment

                            • #29
                              Swoop
                              CGN/CGSSA Contributor
                              CGN Contributor
                              • Oct 2009
                              • 3449

                              ughh I have a headache now

                              Comment

                              • #30
                                bwiese
                                I need a LIFE!!
                                • Oct 2005
                                • 27621

                                Originally posted by emsalex
                                But found mags are yours and "legal"
                                What asshat told you this crap?

                                Bill Wiese
                                San Jose, CA

                                CGF Board Member / NRA Benefactor Life Member / CRPA life member
                                sigpic
                                No postings of mine here, unless otherwise specifically noted, are
                                to be construed as formal or informal positions of the Calguns.Net
                                ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                                employer. No posts of mine on Calguns are to be construed as
                                legal advice, which can only be given by a lawyer.

                                Comment

                                Working...
                                UA-8071174-1