Hi Cap Possesion Clarification

[Shiloh]

So what I, like a lot of folks I'm sure, would like to have clarified is how possessing a high cap mag considered not illegal. I noticed this comment on another thread:

"You can't purchase the mag today but, if you legally have one, you can still legally possess it in the entire state of California."

and replied with:

This is interesting since CA PC 32390 states "any large-capacity magazine is a nuisance and is subject to section 18010."

"18010. (a) The Attorney General, district attorney, or city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any item that constitutes a nuisance under the following provisions:

(20) Section 32390, relating to a large capacity magazine.

(b) These weapons shall be subject to confiscation and summary destruction whenever found within the state.
(c) These weapons shall be destroyed in the same manner described in section 18005, except that upon the certification of a judge or of the district attorney that the ends of justice will be served thereby, the weapon shall be preserved until the necessity for it's use ceases."

Now I really don't think an Officer will challenge someone who is firing an obvious looking antique rifle over an AR or AK but as mentioned above, owning a hi-cap could turn out very bad.

which was answered with:

Again, possession is NOT ILLEGAL and there is no law against possession of the +10 round magazine in question anywhere in the entire state.

Now PC 18010 (a) clearly stated "possession of" in the description and calling the item a "nuisance" to be "confiscated" and "destroyed". So my question is, what is the loophole in in the PC keeping the mags legal to possess?

[russ69]

Looking beyond the regulations and surveying the general prevailing attitude about firearms in California, it is pretty clear the state doesn't want to see any regular capacity magazines. So as a practical manner, don't let law enforcement see your magazines unless you want to loose them permanently. YMMV.

[SkyHawk]

All they can do is confiscate them, you can't go to jail or be prosecuted for it if you had them legally.

So both arguments you saw are correct. There is no criminal law against possession. There is a nuisance law that allows confiscation.

Would confiscation suck? Yes. Is confiscation 'very bad' as in you are going to be convicted for a crime. No. So owning a hicap is not going to turn out 'very bad' unless you obtained it unlawfully. At least that's the way it stands for now.

[Thepug99]

The ranges won't let you use a high cap too so it's getting useless to have one

[Librarian]

Asked and answered - see also the Magazines sticky, in my signature below.