High Capacity Magazine purchase question

[Marinerman]

I have a good friend who lives in the state of Washington. Can I purchase high capacity magazines from an online company (like Checkmate) and have them sent directly (from Checkmate) to his house in Washington state? Thank you.

[LeadFarmer74]

Why would you have them sent to him and you pay for it? You can't bring them into the state. Also if your billing address is CA, most places won't even sell to you.

[RickD427]

I have a good friend who lives in the state of Washington. Can I purchase high capacity magazines from an online company (like Checkmate) and have them sent directly (from Checkmate) to his house in Washington state? Thank you.

Would you be making the purchase while being in state of California?

The elements of PC section 32310 (violation is a felony) are satisfied if a person within California "buys" a large capacity magazine. There is no requirement in the statute for the person to actually take possession of the magazine within the state. The crime is complete upon purchase.

[alfred1222]

Why would you do that if you had no intention of bringing them to CA

[edgerly779]

In order for a purchase to be valid isn't taking possesion/control part of the process?

[AregularGuy]

He might have the intention of the friend blocking them to 10 rounds then sending them in. Why do we think everyone is up to something nefarious just for asking a question like this?

[edgerly779]

^^ well said/. The tinfoil hat brigade will be vocal about this.

[Calif Hunter]

I'm not commenting on the legality, but wouldn't it be simpler to send your friend the money and have him order them?

[laurelpark]

There's no such thing as a high capacity magazine - there are only normal capacity magazines in the free states. In CA, it's legal to buy low-capacity magazines, but don't get caught doing anything within CA when it comes to a normal capacity magazine. The black helicopters will definitely swoop down on you.

[RickD427]

In order for a purchase to be valid isn't taking possesion/control part of the process?

I don't think so. I'm not aware of any case law defining the term in relation to magazines. There is no statutory definition. Let's look at the Merriam-Webster dictionary definition of the word "buy" (please note that the statute uses the word "buy" rather than "purchase."):

"to acquire possession, ownership, or rights to the use or services of by payment especially of money"

Please note the use of the conjunctive "or" in relation to the "possession", "ownership", or "rights to use". Obtaining any one or more of these three things would constitute "buying."

If the OP were to purchase the magazines and have them delivered out of state, he would obtain ownership and rights to use. You are correct that he would not have possession. He's got two out of three, and he only needs one of the three to be guilty.

[NoHeavyHitter]

In order for a purchase to be valid isn't taking possesion/control part of the process?

I don't think so. I'm not aware of any case law defining the term in relation to magazines. There is no statutory definition.

So with NO physical evidence of a crime having been committed (magazines are in WA), what would they charge you with?

And how is it that "service providers" (who are willing to receive and block magazines to 10-rounds prior to sending them onto their final destination in CA) advertise and do business from this forum do so legally???

Can Kes be charged with conspiracy for facilitating this?

[RickD427]

So with NO physical evidence of a crime having been committed (magazines are in WA), what would they charge you with?

(The charge would be PC 32310. To meet the burden of proof, the prosecutor must only provide sufficient evidence, there is no requirement for physical evidence. The financial trail relating to the purchase would be a good start.)

And how is it that "service providers" (who are willing to receive and block magazines to 10-rounds prior to sending them onto their final destination in CA) advertise and do business from this forum do so legally???

(Because the item purchased is a magazine that meets the legal standard of ten rounds. The fact that it may have held more rounds at some prior point is irrelevant.)

Can Kes be charged with conspiracy for facilitating this?

(No. Please check the elements of Conspiracy (PC 182))

...

[Marinerman]

Why would you have them sent to him and you pay for it? You can't bring them into the state. Also if your billing address is CA, most places won't even sell to you.

Because he got a new rifle and it's a gift.

[Marinerman]

See
LeadFarmer74 response to.

Would you be making the purchase while being in state of California?

The elements of PC section 32310 (violation is a felony) are satisfied if a person within California "buys" a large capacity magazine. There is no requirement in the statute for the person to actually take possession of the magazine within the state. The crime is complete upon purchase.

[NoHeavyHitter]

Because the item purchased is a magazine that meets the legal standard of ten rounds. The fact that it may have held more rounds at some prior point is irrelevant.

What I'm asking is how it is legal for "service providers" to block magazines to 10-rounds when the CA-buyer purchased them as 30-rounders prior to the service provider forwarding them onto their final destination?

I'm well aware that people who sell 10/30's are doing so legally - it's how the service providers who block them for a CA customer can do so legally that I don't understand. The buyers purchase the magazines as 30-rounders in order to have them sent to the service provider who blocks them.

I'm not trying to be a jerk here - because there are a lot of people who want a compliant 10-round magazine for a gun that is not commercially popular enough for vendors to make them readily available for order..

Your statements claim that CA buyers who buy magazines and have them sent to a service provider (who blocks them) are essentially doing so illegally.