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  • #61
    GMANtt
    Member
    • Mar 2011
    • 475

    Originally posted by QuarterBoreGunner
    This is true, but by that extension, why would you ever take your guns out of your house? You run the risk of being pulled over, vehicle search, confiscation, etc.

    Either your actions are legal or they are not.

    I get what you mean by 'playing around with these laws'... if by 'playing around' you mean following the letter and complying completely with an extremely poorly written and pretty much un-enforceable law.
    Breaking the law is breaking the law.

    Speed limits 45 you're doing 46 with everyone else doing 55. You get pulled over and given a ticket. Why? Because you were breaking the law. You were the unlucky one.

    Comment

    • #62
      Press Check
      Veteran Member
      • Jun 2011
      • 4879

      A PD could defend those bogus charges.

      Comment

      • #63
        QuarterBoreGunner
        Administrator
        CGN Contributor - Lifetime
        • Oct 2005
        • 9389

        Originally posted by GMANtt
        Very true, never thought of it like that. But Departments have powerful lawyers. I'm sure those who are worried (younger guys like me who work for 10 bucks an hour) would be lucky to beat a police department.

        Plus it's your word, someone who had possession of a magazine that.held more than the legal California 10 round limit, against a uniformed law enforcement officer backed by an agency who upholds the law.
        I still think you're not clear; your 'word' versus an officer's 'word' has nothing to do with it.

        If I'm at the range with my AR and a pile of 30 rounders, and an officer is there and asks me to prove I owned them previous to the ban, I can tell them politely to pound sand.

        I cannot stress this enough:

        YOU DO NOT NEED TO PROVE WHEN OR WHERE YOU ACQUIRED HIGH CAPACITY MAGAZINES.

        If the officer wanted to pursue it, it would be dependent upon him to prove I acquired them illegally.
        /Chris

        I have a perfect Burning Man attendance record: zero.

        You do know there are more guns in the country than there are in the city.
        Everyone and their mums is packin' round here!
        Like who?
        Farmers.
        Who else?
        Farmers' mums.

        Comment

        • #64
          SantaCabinetguy
          I need a LIFE!!
          • Feb 2011
          • 15137

          If you have legal magazines than you can politely respond with “these are legal.” No reason to volunteer information into a felony charge.

          That being said (and as much as I hate the 10+ mag limit) if you manufacture a magazine of 10+ rounds in CA and are not exempt - whether a prosecutor or DA or whatever can prove it or not is irrelevant - you are still committing a FELONY.

          I don’t know about you, but knowing that I committed a felony to get 7 extra rounds in my glock would eat me alive.

          You either follow the laws or you don’t.
          Hauoli Makahiki Hou


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          • #65
            glock21fan
            Senior Member
            • Dec 2009
            • 839

            Random question on the topic. Has ANYONE HERE actually been questioned on magazines? I've had officers inspect my weapon when working security for a armored car company (hi cap exemption) and never even was asked about my mags. Or my armored car company I.d. I don't condone anyone doing illegal stuff but did anyone have the black helicopter follow them? Lol.

            Comment

            • #66
              Paperchasin
              YOU are next!!
              CGN Contributor - Lifetime
              • Oct 2010
              • 6407

              Originally posted by Ubermcoupe
              That being said (and as much as I hate the 10+ mag limit) if you manufacture a magazine of 10+ rounds in CA and are not exempt - whether a prosecutor or DA or whatever can prove it or not is irrelevant - you are still committing a FELONY.
              Aren't we Innocent until Proven Guilty?? Remember that possession is not a crime. You are not guilty of anything until they can prove it.
              Feedback: https://imgur.com/a/mkdPdnQ

              Comment

              • #67
                QuarterBoreGunner
                Administrator
                CGN Contributor - Lifetime
                • Oct 2005
                • 9389

                Originally posted by glock21fan
                Random question on the topic. Has ANYONE HERE actually been questioned on magazines? I've had officers inspect my weapon when working security for a armored car company (hi cap exemption) and never even was asked about my mags. Or my armored car company I.d. I don't condone anyone doing illegal stuff but did anyone have the black helicopter follow them? Lol.
                I have seven registered assault weapons, and oh jeez, I have no idea how many hi-cap mags for them and various other handguns I own, and I have never, not once, in the past 12 years been asked a single question regarding them, at any range I've ever gone to.

                Okay may with one exception; Jackson Arms required (don't know if they still do, haven't shot there in awhile) you to show the registration form from the DOJ if you want to shoot your RAWs there. Their house, their rules. No big deal.

                But outside of that, it's never happened. Now, this is strictly anecdotal, but that's been my experience.
                /Chris

                I have a perfect Burning Man attendance record: zero.

                You do know there are more guns in the country than there are in the city.
                Everyone and their mums is packin' round here!
                Like who?
                Farmers.
                Who else?
                Farmers' mums.

                Comment

                • #68
                  GMANtt
                  Member
                  • Mar 2011
                  • 475

                  Originally posted by Ubermcoupe
                  FELONY
                  Can't prove I manufactured them.
                  Can't prove that I didnt.

                  In my experiences with LEOs you can't tell them no.

                  Comment

                  • #69
                    JeremyS
                    Senior Member
                    • Jul 2010
                    • 2014

                    Originally posted by johnny1290
                    Just because its not illegal doesn't mean they can't arrest you for it.

                    You can beat the rap(after a lot of headaches and $$$) but you can't beat the ride.

                    There's just no reason to play around with these laws.
                    I do agree with you that doing something like this has the possibility of costing you legal fees to defend against.

                    That said: when you are arrested, the police officer needs a reason and they need to write down the section of the penal code under which they are arresting you (at least this is my understanding. They *must* cite the code). As there is nothing in the CA penal code against owning, possessing, or using "hi-capacity" magazines, there is no code the officer can cite to justify arresting you. .............That's assuming you don't open your mush and say something stupid that implicates you as having imported, assembled, etc (the hi-cap mag things that are actually illegal), or become belligerent and give the officer a separate reason to arrest.
                    Escaped to WA

                    sigpic

                    My YouTube Channel

                    Comment

                    • #70
                      SantaCabinetguy
                      I need a LIFE!!
                      • Feb 2011
                      • 15137

                      Originally posted by Paperchasin
                      Aren't we Innocent until Proven Guilty?? Remember that possession is not a crime. You are not guilty of anything until they can prove it.
                      Charging and conviction have nothing to do with this.

                      If I sit in a room and manufacture a high capacity magazine, and no knows it, I still committed a crime - a Felony.
                      If you believe the adage of “If no one sees it, it didn’t happen/its not illegal” than that’s your prerogative.

                      Maybe you have experience, but I wouldn’t sleep well knowing I committed a FELONY.
                      Hauoli Makahiki Hou


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                      Comment

                      • #71
                        GMANtt
                        Member
                        • Mar 2011
                        • 475

                        Originally posted by JeremyS
                        I do agree with you that doing something like this has the possibility of costing you legal fees to defend against.

                        That said: when you are arrested, the police officer needs a reason and they need to write down the section of the penal code under which they are arresting you (at least this is my understanding. They *must* cite the code). As there is nothing in the CA penal code against owning, possessing, or using "hi-capacity" magazines, there is no code the officer can cite to justify arresting you. .............That's assuming you don't open your mush and say something stupid that implicates you as having imported, assembled, etc (the hi-cap mag things that are actually illegal), or become belligerent and give the officer a separate reason to arrest.
                        What if the officer cites you manufactured it because you're "too young" to own a hi cap magazine.

                        Comment

                        • #72
                          SantaCabinetguy
                          I need a LIFE!!
                          • Feb 2011
                          • 15137

                          Originally posted by GMANtt
                          Can't prove I manufactured them.
                          Can't prove that I didnt.

                          In my experiences with LEOs you can't tell them no.
                          I don’t need to prove anything - If you know that you committed a crime (a felony) and you can sleep at night, than that’s your choice.

                          I don’t like the law any more than anyone else but I will not skirt/lie to my self to enjoy a few extra rounds in my handgun; but that’s just me.
                          Hauoli Makahiki Hou


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                          • #73
                            GMANtt
                            Member
                            • Mar 2011
                            • 475

                            Originally posted by Ubermcoupe
                            you know that you committed a crime (a felony) and youyour
                            Actually it's only a felony for 3 years. After that its thrown out the window. Not saying I manufacturered, just speaking theoretically.

                            Comment

                            • #74
                              Travis590A1
                              Calguns Addict
                              • Oct 2011
                              • 5233

                              You really lose sleep over having loaded hi-cap mags? Feel sorry for you.

                              Comment

                              • #75
                                SantaCabinetguy
                                I need a LIFE!!
                                • Feb 2011
                                • 15137

                                Originally posted by GMANtt
                                Actually it's only a felony for 3 years. After that its thrown out the window. Not saying I manufacturered, just speaking theoretically.
                                Theoretically.

                                I just wish the mag law would disappear faster - I have so may kits just lying around.
                                Hauoli Makahiki Hou


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