Grandfathered Mag Question

[CenCalChris]

If I buy a handgun and 15 round mags from a LEO, is it ok for me to shoot with those mags? I am thinking that I should be safe and buy new 10 rounders, but I need to be better versed on the law.

[AAShooter]

Assuming you are a regular citizen with no special status, a LEO can not sell them to you. That said, no law against possession of "high capacity" magazines.

[lawaia]

http://www.calguns.net/calgunforum/showthread.php?t=387409

[hossb7]

There is a stickied thread on this subject right above this post.

please read it.

http://www.calguns.net/calgunforum/showthread.php?t=387409

It is perfectly legal - no restrictions at all in the Penal Code - to own and possess and use those "large-capacity magazines" in any gun*(see footnote), at any time, under any circumstances where it is legal to use a gun. Ownership, possession and use of "large-capacity magazines" are not crimes in PC; there is no section under which you could be charged.

[Press Check]

If I buy a handgun and 15 round mags from a LEO, is it ok for me to shoot with those mags? I am thinking that I should be safe and buy new 10 rounders, but I need to be better versed on the law.

LEO or not, it would be a crime for him to sell, lend or give you assembled magazines. He can include them within the sale of the pistol, but they need to be disassembled into rebuild kits.

[CenCalChris]

Thanks guys for the much needed info.

[rm1911]

If I buy a handgun and 15 round mags from a LEO.

One, does he or she realize what they would be doing?? If they are a friend you might want to help them.

Two, could that be entrapment?

You could always argue "I bought them off a LEO" in court.

[P5Ret]

That could be a nice way for him/her to loose a job.

And no it could not be entrapment as there is no crime in purchasing or possessing, about the only person being entrapped could be the leo since selling giving or lending is a felony.

[Press Check]

One, does he or she realize what they would be doing?? If they are a friend you might want to help them.

Two, could that be entrapment?

You could always argue "I bought them off a LEO" in court.

In that situation, as long as the transaction happens in CA, the party that would be convicted of a crime would be the seller, lender or giver of the magazines, not the recipient of the magazines, so entrapment would not apply, nor would there be anything to argue in court.

There's nothing within the PC that prohibits purchasing or receiving assembled magazines.

[67goat]

There's nothing within the PC that prohibits purchasing or receiving assembled magazines.

Not specifically, but conspiracy to commit is definitely in the PC.

[Press Check]

Not specifically, but conspiracy to commit is definitely in the PC.

If the buyer specifically solicited the purchase of assembled magazines, I could see that sticking.

[SoulStealer]

If I buy a handgun and 15 round mags from a LEO, is it ok for me to shoot with those mags? I am thinking that I should be safe and buy new 10 rounders, but I need to be better versed on the law.

Back on topic:

Is it o.k.to shoot with those mags? NO

EDIT: You can use the Magazines where legal to do so, just make sure to assemble after/disassemble before returning to CA.

Be safe and buy 10 rounders? YES

With that said, if the LEO is O.K. with letting you purchase his Standard Capacity magazines he needs to disassemble into rebuild/repair kits.

You cannot assemble the magazines back to their original configuration. You can use as parts or permanently block to 10 rounds. Hope this answers your question.

[CenCalChris]

I believe he was going to disassemble them and give them to me as rebuild kits, he just told me 15 round mags would come with. I think he just slipped in the way he communicated that.

[SoulStealer]

I believe he was going to disassemble them and give them to me as rebuild kits, he just told me 15 round mags would come with. I think he just slipped in the way he communicated that.

Just make sure to cover your six and have him disassemble the magazines prior to you taking possession.

[CenCalChris]

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