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  • ken858
    Junior Member
    • Jun 2006
    • 38

    yet another question

    alright guys, ive got another one for you.
    ok so you see all this crap about pre-banned and post-banned stuff that you can buy for rifles. my question is if i were to buy a preban 30round mag wouldnt it be legal?? i mean isnt that like the "grandfather law"?
  • #2
    C.G.
    Calguns Addict
    • Oct 2005
    • 8235

    Originally posted by ken858
    alright guys, ive got another one for you.
    ok so you see all this crap about pre-banned and post-banned stuff that you can buy for rifles. my question is if i were to buy a preban 30round mag wouldnt it be legal?? i mean isnt that like the "grandfather law"?
    It is illegal to buy a 30 round mag at this time. You may keep those that you owned before the ban.
    sigpic

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    • #3
      bwiese
      I need a LIFE!!
      • Oct 2005
      • 27621

      Bottom line: if you had a hicap magazine within CA before 1/1/2000, you can keep it and use it (except in a fixed-mag off-list rifle).

      If you acquire(d) in CA, or imported into CA, a hicap mag after 1/1/2000, you have done so illegally.

      Please don't confuse details of the now-sunset Federal AW ban with those of the in-force California laws regarding assault weapons and hicap magazines.
      Last edited by bwiese; 07-12-2006, 4:51 PM.

      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

      • #4
        SemiAutoSam
        Banned
        • Apr 2006
        • 9130

        Originally posted by bwiese
        Bottom line: if you had a hicap magazine within CA before 1/1/2000, you can keep it and use it (except in a fixed-mag off-list rifle).

        If you acquire(d) a hicap mag after 1/1/2000, you have done so illegally.

        Please don't confuse details of the now-sunset Federal AW ban with those of the in-force California laws regarding assault weapons and hicap magazines.
        That is sooooooooo moronic sounds just like a california law

        Comment

        • #5
          grammaton76
          Administrator
          CGN Contributor - Lifetime
          • Dec 2005
          • 9511

          Originally posted by ken858
          alright guys, ive got another one for you.
          ok so you see all this crap about pre-banned and post-banned stuff that you can buy for rifles. my question is if i were to buy a preban 30round mag wouldnt it be legal?? i mean isnt that like the "grandfather law"?
          "Grandfathering" applies to things which you possessed before they became illegal.

          In the Federal law, what was grandfathered was the manufacture of the magazine. So, those magazines were freely transferrable.

          In California law, what was grandfathered was the possession of the magazine. So, you can possess the magazine, but cannot acquire any new ones OR even modify the magazine to fit a different weapon it wasn't originally designed for. I understand there's some leeway though if it STILL works in the original weapon, but also in the new one.
          Primary author of gunwiki.net - 'like' it on Facebook at http://www.facebook.com/#!/pages/Gunwiki/242578512591 to see whenever new content gets added!

          Comment

          • #6
            SemiAutoSam
            Banned
            • Apr 2006
            • 9130

            Yes however in the federal LAW the mags (that were mfg before the ban date) could be bought and sold past the ban date.

            this isnt so in the calistan ban is it ?
            Last edited by SemiAutoSam; 07-12-2006, 4:56 PM.

            Comment

            • #7
              bwiese
              I need a LIFE!!
              • Oct 2005
              • 27621

              Originally posted by SemiAutoSam
              Yes however in the federal LAW the mags could be bought and sold past the ban date.

              this isnt so in the calistan ban is it ?
              From Sep 13 1994 until Sep 14 2004, the Fed mag ban applied. On a federal basis alone, you could buy/sell/trade/possess any hicap mag that was mfgd before Sep 13 1994. Hicap mags mfgd after that were 'postban' and were for LEO/mil only: such mags were supposed to have dates or "LEO only" markings on them.

              There was no law banning sale or trade of 'preban' magazines in the sunset Fed law.

              However, CA says that "you've got what you got" and if you had 'em before 12/31/99 you can keep 'em, but you can't sell/trade 'em inside CA.

              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

              • #8
                grammaton76
                Administrator
                CGN Contributor - Lifetime
                • Dec 2005
                • 9511

                Originally posted by SemiAutoSam
                Yes however in the federal LAW the mags (that were mfg before the ban date) could be bought and sold past the ban date.

                this isnt so in the calistan ban is it ?
                You're correct. As I was saying, in the federal law, what was grandfathered was the magazine itself - so the mag was free to transfer. You couldn't build any NEW ones.

                But, in the California law, what was grandfathered was the fact that YOU had it. To transfer them between persons became illegal, for the most part. Therefore, you can't buy/sell/transfer them in California.
                Primary author of gunwiki.net - 'like' it on Facebook at http://www.facebook.com/#!/pages/Gunwiki/242578512591 to see whenever new content gets added!

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