High Capacity Magazine Question

[45guru6918]

Thanks for the info (Dvrjon). Wasn't the new CA ban for grandfathered high cap mags temporally struck down by by U.S. District Judge Roger Benitez in 2017?

[Dvrjon]

Thanks for the info (Dvrjon). Wasn't the new CA ban for grandfathered high cap mags temporally struck down by by U.S. District Judge Roger Benitez in 2017?

Not "struck down" but issued an injunction prohibiting enforcement.

http://www.calguns.net/calgunforum/showpost.php?p=20302994&postcount=82

Hearing scheduled in 9CA for May 14: http://michellawyers.com/wp-content/...pellant_89.pdf

Becerra response on appeal of injunction: http://michellawyers.com/wp-content/...-Brief-_84.pdf

[bbodybill]

Correct, but not particularly relevant because the son couldn't legally assemble them back.

The whole ban on "magazine kits" happened because of blatant disregard for the law - an educated guess says that the vast majority of "magazine kits" ended up illegally assembled. Prosecution of such civil disobedience is very hard, so the legislators made it very difficult to "get tempted."

FORK Kommieforna'''' She... SUCKS!!!!!!!!!!!!!!!!!!

[Scratch705]

Post #5; http://www.calguns.net/calgunforum/s...92&postcount=5
Post #15: http://www.calguns.net/calgunforum/s...2&postcount=15

based upon the second post, if OP lived with his father during at which time, the father allowed access to the magazines from before the ban of 2000, OP technically also legally had possession of these magazines.

and since the law says more than 1 person can have possession of an item at the same time, how can they argue against it?

[Dvrjon]

based upon the second post, if OP lived with his father during at which time, the father allowed access to the magazines from before the ban of 2000, OP technically also legally had possession of these magazines.

and since the law says more than 1 person can have possession of an item at the same time, how can they argue against it?

I think that's a good point, and a really good example of how screwed up (or effective) the gun laws of this state are. Sadly, as with most of this stuff, I don't think "they" will have to argue against it until it is offered as a defense.

That means you've engaged a lawyer and they have argued it with the cops and DA before charging, or you've been charged and are now in court.

The basic question (right or wrong) is whether the mags are worth that.

In any event (even if you win the argument), law enforcement would still be able to declare the mags a nuisance and destroy them.

[Scratch705]

I think that's a good point, and a really good example of how screwed up (or effective) the gun laws of this state are. Sadly, as with most of this stuff, I don't think "they" will have to argue against it until it is offered as a defense.

That means you've engaged a lawyer and they have argued it with the cops and DA before charging, or you've been charged and are now in court.

The basic question (right or wrong) is whether the mags are worth that.

In any event (even if you win the argument), law enforcement would still be able to declare the mags a nuisance and destroy them.

so pretty much, OP should have just not created this thread, and no one would have known.

but now there is a digital trail that will never be deleted from the internet that can now be used against him if he is ever arrested.

this is why don't ask, don't tell applies to more than gays in the military.

[scotty99]

[Featureless]

How long have you worked for Cal DOJ?

[Dvrjon]

When do you think the statute of limitations would begin to run?

Also, worrying about a statute of limitations only applies if one commits a crime.....And we wouldn't be supportive of criminal activity.

[Dvrjon]

so pretty much, OP should have just not created this thread, and no one would have known.

but now there is a digital trail that will never be deleted from the internet that can now be used against him if he is ever arrested.

this is why don't ask, don't tell applies to more than gays in the military.

I wouldn't go that far. The OP worded his inquiry in a very safe manner:

My dad recently gave me his M1 carbine last weekend but I have some concerns/questions.

First off, he has a few what appear to be 15 and 30 round magazines. I'm I allowed to keep those since they're obviously from an old gun if it was gifted to me correct?

His first statement is that his Dad gave him the rifle. Nothing wrong with that.

Then, he states that his Dad has what appear to be LCMs for the gun, and inquires as to whether he could keep them as a gift. Looks like the gun has changed hands, but Dad has the mags.

I would think it would be difficult to twist that into support for a prosecution of illegal receipt.

[Dvrjon]

Why not just not say anything and take them anyway?

Where will that slippery slope end?

There is such a thing as "personal integrity".
It is the only thing a man or woman has which can't be stolen or bought.

You have to give it away.

[augoldminer]

Thanks for the info guys. I purchased a couple of 10 round magazines at Turner's because unfortunately this is the answer I expected to hear. I was really hoping that I could legally keep at minimum as collector items.

You can keep them.
Just get in your car and drive to Nevada. before you go buy a large PVC pipe and fitting to seal the mags in and when you cross the border find a spot that you can find in the future and bury the mags in the sealed pipe.
As a US citizen you can still own them but as a calif resident you can not posses them in calif.

[JohnBrian]

Thanks for the info guys. I purchased a couple of 10 round magazines at Turner's because unfortunately this is the answer I expected to hear. I was really hoping that I could legally keep at minimum as collector items.

Move to a normal state not infested with cockroaches (liberals) and you can own MANY MANY cool items.

[M1NM]

On a side note, if the base plate of a 30rd 556 mag is is changed to say 458 socom. Which can only accept 10rds of that caliber, would that be considered a legal CA magazine? Or still a high cap mag because it can potentially fit 30 of a smaller caliber? I read a 10rd mag can only hold four 458's

I have some with 458 Socom baseplates and others laser marked 458 Socom on the side. I also have a 458 Socom upper just in case someone wants proof. Mine all however are probably in a gray area because they still have 223/556 followers. It's still possible to load 223/556 with the flat base plates so I really don't think it a big problem.

[OlderThanDirt]