Browning FN High Power 35 WWII

[lweinlan]

I am in California. I would like to know if it is possible to buy a C&R WWII Browning High-Power 35 pistol with the original WWII magazine, and have it shipped to my California FFL 01? This C&R WWII HP 35 is located in another State. The issue I am not sure about is that the original WWII magazine is a 13 rounds mag. I would like to know if this 13 rounds original WWII mag is a problem? and if it is what remedies do I have? Thank you

[paul0660]

You cannot import that 13 rounder. I suppose there is an aftermarket 10 rounder that will work. Sorry.

[lweinlan]

I thought that for a C&R pistol, 13 rounds mags would be ok ?

[vf111]

C&R, rimfire, centerfire, BFG-100....doesn't matter - no mags greater than 10 rounds allowed into CA after Jan. 1, 2000 unless you're LEO. I understand your dilemma though - that HP is worth more if the mag is original or at least matching to the HP.

[lweinlan]

I found something:
The CA law regarding hi cap mags is described in PC Section 12020.
(http://ag.ca.gov/firearms/dwcl/12020.php)

12020 (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
(1)..
(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.
(3)..



12020 (b) Subdivision (a) does not apply to any of the following:
(1)..
(2)..
(3)..
(4)..
(5)..
(6)..
(7) Any firearm or ammunition that is a curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a).


It does appear that C&R PISTOLS are EXCLUDED from the hi-cap magazine law?
Can someone confirm? Thank you

[Someguy925]

The only way I see an exception is if the magazine is internal in a C&R gun. The firearm is a C&R but not the external magazine.

Only if we had New York's law where we can get high-cap mags produced before a certain year (which escapes me at the moment).

[lweinlan]

that's a good point. I guess that it comes down to knowing if a Hi-Cap external mag that was ORIGINALLY issued with the C&R pistol is considered as integral (existing as an essential constituent or characteristic) to the C&R pistol ?
It is really unclear because 12020 (b) says that Subdivision (a) does not apply to any of the following:...(7) Any firearm or ammunition that is a curio or relic . So one would think that as long as the firearm is a C&R, 12020 (a) DOES NOT APPLY..
I would like to find any text (federal or State) that clearly stipulates that a firearm would be classified as a C&R firearm BUT its ORIGINAL functional components, removable or not would not be classified as C&R ?????

[M. D. Van Norman]

Disassemble the magazine and keep it that way in California.

[lweinlan]

ok, but the seller has to ship the magazine to California. Can it be legally shipped disassembled ?

[RaceDay]

My 2c is you can't legally have an assembled mag in CA. I had the same issue a couple months ago. I was thinking about a Canadian Inglis HP from the war. Its tough to spend collectible type money and not have the matching WW2 mag. I just decided to pass on the whole thing.

[Pthfndr]

ok, but the seller has to ship the magazine to California. Can it be legally shipped disassembled ?

Yes. But YOU aren't supposed to put it back together.

[lweinlan]

Thank you.