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For not many reasons, but this state sux! Why should I even have to worry about such a trivial matter.
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He must be mistaken -- it was only 10. The one in the chamber DOESN'T COUNT! And obviously he can't count.
There's nothing to see here -- move along.
AlComment
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It seems like the further we explain the "finer details" of these laws the closer we are to loosing what little room for negotiation we still have.The California Moderate Centrist Militia member in exile
disclaimer:
everything I post is for arguendo and entertainment purposes only, and should not be construed to be legal adviceComment
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why do we not have a sticky thread that gives the guideline of high cap mags?sigpicComment
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No, because that would be Manufacturing, which is verboten.
Our hero legally purchased a magazine that turns out to be a high capacity mag, which is perfectly legal to do. The vendor that sold him the mag technically (and unknowingly) illegally made available for sale a high-cap mag, but that's not the buyer's problem.
since possession of a high-cap mag is not illegal, provided he didn't "accidentally" alter the mag before his discover, he might as well convert it to 20 or 30 rounds."If we are to go around and decide who can and who cannot be free to live their lives in a way that is most conducive to their "pursuit of happiness" as long as it does no harm to others then our own freedoms are merely at the whim of the government because we are empowering them to decide that some rights are worth protecting and others aren't. "
-dantoddComment
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No, based on what you described, it seems you legally acquired a "high cap mag". Possession is not an issue here. The cops won't come kicking down your door because you have a mag that can accept 11 rds.
If this mag is intended to be used in a rifle with a mag lock, you might as well take it back to the store you bought it from since it would be illegal to use it in that rifle. However, if it is for a featureless rifle, you could use it as is or rebuild it into a 30 rd mag... if you're comfortable with that.Last edited by andrewj; 08-14-2010, 4:42 PM.Dear California,
I love you. I was born and raised in you. You have given me some of the best times of my life. Now with that said, I can not wait to move!
Your prisoner,
Andrew J.Comment
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Think of it this way... in California the legal drinking and driving limit is 0.08% BAC. Now say you got pulled over and blew a 0.09%.. But wait! it's only 0.01% above the limit!That should be ok to pass right? Wrong.
IMO you should just get a new mag. I'm sure a lot of people own high caps, but i'd be very sad if someone from CGN went to jail over a 11 rounder. Lolz
Comment
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"Fate" gave you the correct answer.
It is not legal advice but visit the CalGuns Wiki. If any place is FUD free, I expect it to be here.
It can answer most of the law related questions posted on this forum.Comment
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I'm telling!Comment
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Change out the follower or figure out a way to modify the current follower. I have used a stick pen body as a 10 round limiting stop with Magpul followers and some others. You are responsible for your magazines. Nobody really cares if it holds 10 or 11 except the DA. I recommend Magpul no tilt followers because they can be simply modified with a stick pen body and a knife to keep out that pesky 11th round.Comment
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Just because you say you didn't know it was a hi-cap when you bought it doesn't mean it's legal. You can't legally purchase new hi-caps for your collection in CA as of 01-01-2000. You're stuck with the number you had as of that date. There is no other legal way to aquire them unless you're specifically exempted by law. Ignorance to a crime is not a viable defense. Take it back, or STFU about it and wait out the 3 year statute of limitations with your fingers crossed.
unless there is something in the penal code i'm missing.......?sigpic
Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People
ΜΟΛΩΝ ΛΑΒΕComment
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FUD!
MORE FUD!
Check this out
Nowhere is it illegal for you to PURCHASE a hi cap mag. Regardless of knowingly purchasing one, or not, it is NOT illegal. SELLING a hi cap to a non-LEO, is illegal. The seller violated the law, not the purchaser.
The ULTIMATE bottom line is that POSSESSION of a hi cap mag regardless of how you came to own it is NOT A CRIME. The USE of a hi-cap is not a crime either, with the exception of using in fixed mag centerfire rifle or off list single shot pistol that has been converted.
So congrats to OP, you have a legally obtained hi cap. And yes, take advantage and go rebuild it into a 20 or 30rd mag if you please (just be careful what you use it with).The California Moderate Centrist Militia member in exile
disclaimer:
everything I post is for arguendo and entertainment purposes only, and should not be construed to be legal adviceComment
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WRONG! FUD!!! You can PURCHASE any high-cap you want. What's illegal is to offer one for sale or manufacture one!
Jeez I can't believe all these senior members who don't knwo anything about this stuff. High-Caps are legal to own. Do not use in a fixed magazine rifle. Fine to use in a featureless.
C'mon guys, very very simple stuff here."No posts of mine on Calguns are to be construed as
legal advice, which can only be given by a lawyer."Comment
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FUD!
MORE FUD!
Check this out
Nowhere is it illegal for you to PURCHASE a hi cap mag. Regardless of knowingly purchasing one, or not, it is NOT illegal. SELLING a hi cap to a non-LEO, is illegal. The seller violated the law, not the purchaser.
The ULTIMATE bottom line is that POSSESSION of a hi cap mag regardless of how you came to own it is NOT A CRIME. The USE of a hi-cap is not a crime either, with the exception of using in fixed mag centerfire rifle or off list single shot pistol that has been converted.
So congrats to OP, you have a legally obtained hi cap. And yes, take advantage and go rebuild it into a 20 or 30rd mag if you please (just be careful what you use it with).
Uh what else would he use his mag for if it isnt for his rifle. I never said it was illegal to possess a high caps. I just hate to see him put it in his pistol grip ar-15 and turn it into a "assault weapon" from an 11 rounder. Also, IMO I think you're giving him terrible advice to convert his 11/30 into a 20 or 30 rd mag. You say it's legal which might be true, but do you really want to fight that battle in court and waste a bunch of money you could use to buy new toys with? Esp, over a ridiculous cal gun law?
If I have a large-capacity magazine, do I need to get rid of it?
No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers.
(PC Section 12020 (b)(19-29))
Reference: http://www.ag.ca.gov/firearms/pubfaqs.php#5
Office Of The Attorney General In State Of California.
Attorney General says it is illegal to buy. You say its legal to buy. Maybe the site has a typo. I'm lost more than ever.Last edited by b00gym4n; 08-14-2010, 8:19 PM.Comment
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FUD from the attorney general then.
Read the actual PC, it does not saying ANYTHING about buying.
this is the PC word for word, look it up if you dont believe me.
"12020 (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."
show me where it says you cant buy one? Nothing mentioned about finding one either.
I understand people here are just trying to keep other folks from getting in trouble, and I applaud all efforts to help our fellow shooters in this state and its convoluted laws, but lets make sure we know what we are talking about before spreading misinformation.
In the end, if you are comfortable yourself with a 10 plus mag, then dont have one!
But if you know the law and you know your rights, you are A-Ok.
(p.s. dont ever talk to cops :b )Last edited by MrPlink; 08-14-2010, 8:26 PM.The California Moderate Centrist Militia member in exile
disclaimer:
everything I post is for arguendo and entertainment purposes only, and should not be construed to be legal adviceComment
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