Fixed Magazine Question

[micro911]

Fixed 10 round magazines in a semiautomatic centerfire rifles:

If a 20 round magazines are modified to take 10 rounds, does the modification need to be permanent? If so, is there a law controlling it? What section is it? I think I heard that it should be permanent modification, but cannot confirm it.

[ky2970]

Quoted from another forum:

Due to the debate of what is considered "permanent" and the availability of magazine rebuild kits, State Assemblyman Skinner introduced AB48, which is currently in the CA Assembly's Public Safety Committee.

As of 01-17-2013, AB48 redefines what a "large capacity magazine" is and requires any person transferring (selling/giving/loaning) ammunition to another person to be a licensed dealer.

The proposed redefinition classifies the following as large capacity magazines:
1. Magazine parts under the custody and control of an individual or individuals that can be assembled into a complete large capacity magazine .
2. 10 round magazines that appear to hold more than 10 rounds.

http://www.ar15.com/archive/topic.html?b=8&f=11&t=511926

[Librarian]

AB 48 is on the Governor's desk.

It's peculiar that one might pick on an article from another board, when this topic is well-covered here on Calguns (despite our search function making it difficult to find).

See also the sticky -- http://www.calguns.net/calgunforum/s...d.php?t=387409

[micro911]

Other than AB48, is there a written law that governs the 10 round conversion from "high capacity" magazine, that has to be permanent as of now?

There will a court case on Monday and I need to know. A semiautomatic centerfire rifle with a fixed magazine that has a magazine block for less than 10 round capacity. When the magazine block was removed, it will take 20 rounds. The magazine can be disassembled and assembled without a tool.

Is there a law that says the 10 round or less capacity modification need to be permanent? Or, is it just a DOJ requirement?

Future law will not help in this case.

[Librarian]

PC does not cover modification of a 10+ mag (yet). The question of 'permanence' was never definitively settled.

See this document, "Text of Modified Regulations" but note that these regulations were NOT adopted. I do not currently recall where the rulemaking documentation may be found.

[micro911]

So, if the magazine takes only 10 rounds as is, but can be easily changed to 20 rounds, such as by removing a magazine block without using a tool, is it illegal or violation of some law?

I just cannot find an answer to the question, and the DOJ is not returning the call.

[Librarian]

So, if the magazine takes only 10 rounds as is, but can be easily changed to 20 rounds, such as by removing a magazine block without using a tool, is it illegal or violation of some law?

I just cannot find an answer to the question, and the DOJ is not returning the call.

You cannot find an answer because there is no answer yet. CA-DOJ knows what it wanted to implement, but those regs did not succeed.

The court case you referred to earlier may be the one that provides the answer. Good luck.

[micro911]

The person who was on trial had a rifle with a fixed 20 round magazine with a magazine block to keep it less than 10 round. The magazine can be easily changed to 20 rounds without any tools, in about 10 seconds. The person is now actually convicted for having an assault rifle, semiauto centerfire rifle with a fixed magazine capable of holding more than 10 rounds. FYI.

[Just.a.guy]

What's the name of this case, and where was it argued? This seems to be a contentious issue, and if a court has ruled on it that would be good to know.

[micro911]

What's the name of this case, and where was it argued? This seems to be a contentious issue, and if a court has ruled on it that would be good to know.

It was at the Compton court. I don't remember the case number.