Hi-Cap Mag Hypothetical Question

[eazyle]

I tried searching for relevant topics but I couldn't find any. Here I go. Let's say I have a friend that has legally acquired Hi-Cap mags. We go to a shooting range and he lets me shoot his handgun/rifle using the hi-cap mags. Does this violate the GIVES or LENDS part of the law?

(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.

I'm just curious.

[randy]

If he is there with you it's ok. He can't let you take them home without him there.

[Stormfeather]

ditto what Randy said.

[stphnman20]

Just as long he is with you, you'll be fine.

[eazyle]

Thanks for the response!

[Salty]

Cordova Shooting center rents out hi-caps, so I'm thinking it's ok.

What I've always wondered is how spouses are treated in the give/lend scenario. Say someone has a pistol with high caps that they had before being married, and their spouse who also shoots wants to take it to the range alone sometime. Or what if they bought them while they were married? Does the mag belong to both of them?

[Glock22Fan]

Cordova Shooting center rents out hi-caps, so I'm thinking it's ok.

If that's legal, it's given me an idea. How about long-term leasing?

What I've always wondered is how spouses are treated in the give/lend scenario. Say someone has a pistol with high caps that they had before being married, and their spouse who also shoots wants to take it to the range alone sometime. Or what if they bought them while they were married? Does the mag belong to both of them?

Communal property state, so I'd say a definitie yes if they bought them since their marriage, not sure about prior ownership/

[hawk1]

If that's legal, it's given me an idea. How about long-term leasing?

How is that different than 'lending'? Lease= lend

[Glock22Fan]

How is that different than 'lending'? Lease= lend

OK, I'll go into a Ford Rolls Royce dealer and ask them to lend me a car then.

[Kingofthehill]

not to Hijack but i have a similar question.

My neighbor has a 1st gen glock and has 8 high caps and 1 STUPID big one... i asked about buying the gun from him (of course mags as well)... Can I?

He purchased the glock new back in the early 90's before any of these bans started....

next question is "If" YES, can i use the mags? im Guessing i have to dissassemble them for the transfer and get them as repair kits from him... but what would/could happen if i use them?

JOe

[Decoligny]

Cordova Shooting center rents out hi-caps, so I'm thinking it's ok.

What I've always wondered is how spouses are treated in the give/lend scenario. Say someone has a pistol with high caps that they had before being married, and their spouse who also shoots wants to take it to the range alone sometime. Or what if they bought them while they were married? Does the mag belong to both of them?

If they were married before the ban went into effect, then any property that they have is community property. The mags were thus owned by her before the ban and are legal for her to possess/use.

If they were married after the ban went into effect, then although she has legal ownership of half the value of the magazine, it would be illegal for him to loan it to her.

IANAL but this is how I see it.

[Decoligny]

My neighbor has a 1st gen glock and has 8 high caps and 1 STUPID big one... i asked about buying the gun from him (of course mags as well)... Can I?

You can buy the gun, but you cannot buy the magazines, that would be illegal (unless broken down into parts). If broken down into parts kits, if you ever travel/move out of CA you could reassemble them for use outside the State.

He purchased the glock new back in the early 90's before any of these bans started....


next question is "If" YES, can i use the mags? im Guessing i have to dissassemble them for the transfer and get them as repair kits from him... but what would/could happen if i use them?

If you used them, it would be illegal, and you could end up being prosecuted for it.

[Kingofthehill]

My neighbor has a 1st gen glock and has 8 high caps and 1 STUPID big one... i asked about buying the gun from him (of course mags as well)... Can I?

You can buy the gun, but you cannot buy the magazines, that would be illegal (unless broken down into parts). If broken down into parts kits, if you ever travel/move out of CA you could reassemble them for use outside the State.

He purchased the glock new back in the early 90's before any of these bans started....


next question is "If" YES, can i use the mags? im Guessing i have to dissassemble them for the transfer and get them as repair kits from him... but what would/could happen if i use them?

If you used them, it would be illegal, and you could end up being prosecuted for it.

Copy that! Thanks for the info... i wasn't 100% sure but i had the feeling that was the case.

Appreciate it! I travel a fair bit to NV and AZ so i may buy it and keep them for when im over there.

JOe

[CSACANNONEER]

He can sell you the gun and the "mag kits" but they would not be of any use to you because if you assembled them you would be committing a felony and we know you won't want to do that.

Let's clarify this. You can re-assemble and use these mags AS LONG AS YOU ARE IN A STATE WHERE IT IS NOT PROHIBITED! You can not legally assemble them while in Ca. though. Go out of state, assemble and use them. Take them apart before bringing them back to Ca.

[Quiet]

Let's say I have a friend that has legally acquired Hi-Cap mags. We go to a shooting range and he lets me shoot his handgun/rifle using the hi-cap mags. Does this violate the GIVES or LENDS part of the law?

Answer is in bold.

Penal Code 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:
(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.
(b) Subdivision (a) does not apply to any of the following:
(19) The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.
(20) The sale to, lending to, transfer to, purchase by, receipt of, or importation into this state of, a large capacity magazine by a sworn peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of his or her duties.
(21) The sale or purchase of any large-capacity magazine to or by a person licensed pursuant to Section 12071.
(22) The loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met:
(A) The person being loaned the large-capacity magazine is not 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.
(B) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.
(23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state.
(24) The lending or giving of any large-capacity magazine to a person licensed pursuant to Section 12071, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine.
(25) The return to its owner of any large-capacity magazine by a person specified in paragraph (24).
(26) The importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 12079, when those activities are in accordance with the terms and conditions of that permit.
(27) The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine, to or by entities that operate armored vehicle businesses pursuant to the laws of this state.
(28) The lending of large-capacity magazines by the entities specified in paragraph (27) to their authorized employees, while in the course and scope of their employment for purposes that pertain to the entity's armored vehicle business.
(29) The return of those large-capacity magazines to those entities specified in paragraph (27) by those employees specified in paragraph (28).
(30)(A) The manufacture of a large-capacity magazine for any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.
(B) The manufacture of a large-capacity magazine for use by a sworn peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of his or her duties.
(C) The manufacture of a large-capacity magazine for export or for sale to government agencies or the military pursuant to applicable federal regulations.
(31) The loan of a large-capacity magazine for use solely as a prop for a motion picture, television, or video production.
(32) The purchase of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 12095, 12230, 12250, 12286, or 12305, for any of the following purposes:
(A) For use solely as a prop for a motion picture, television, or video production.
(B) For export pursuant to federal regulations.
(C) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations.