State vs Local Mag Ban

[Sure Shot 45]

Anyone know if Los Angeles is GTG with 11+?

[BobbyQuickdraw]

I'm still unclear on which of LA's magazine laws were sunset and which weren't

The nuisance regulation (banning possession) was definitely sunsetted.

I am having difficulty finding conclusive information on import/sales/manufacture/transfer etc.

[curtisfong]

The only law I'm finding that is problematic in LA is the ammo shipment ban.

[FourT6and2]

What about SF?

[randomBytes]

Also, you would be in violation of the law just by driving through Sunnyvale on your way from Santa Clara to Mountain View. Shows you how stupid these laws are.

Yes, it's a crime that the case against sunnyvale lost

[Balrog23]

Yea, how about the folks in Oakland and San Francisco? Are they out of luck for this opportunity for Hi Caps? Because of the Municipality Ban? Is there anything being done? Thanks all!

[mrvaudo]

I guess la city residents will sit this out

[hermosabeach]

What happened with local AW bills was city by city, lawyers presented notice that the local ban was illegal and examples of other cities that were sued and lost.

Losing cities were also required to pay legal fees of the plantif.

If the city did not remove illegal laws within a reasonable amount of time, they were sued, lost and paid all all legal bills


Should this ruling happen, I imagine the same thing will occur.

[BobbyQuickdraw]

The only law I'm finding that is problematic in LA is the ammo shipment ban.

The ammo ban is specifically worded to stop the shipping of ammunition, which is defined legally as having propellant and a projectile, etc. A magazine is an accessory or storage device.

[BobbyQuickdraw]

I guess la city residents will sit this out

[MontClaire]

Did any of you organized your street and proclaim your block a sanctuary of second amendment yet?

[Maverick237]

Doesn't that include only possession? Not importation.

[BobbyQuickdraw]

Doesn't that include only possession? Not importation.

Why do you assume there is a ban on importation? High cap mags would have been banned in LA under the statewide ban in 2000. And before that federally in 1994.

Many people have asked in many threads on many sites and people keep saying this law might exist but not a single person has been able to find it.

And again, the possession ban was sunsetted because of state preemption. So it would make sense that there was no or is no law against importation at the city level because it would be preempted by the now defunct state law.

Can you, or anyone, identify a city law that would be relevant here?

[curtisfong]

Can you, or anyone, identify a city law that would be relevant here?

For the record, I have not been able to, and not for a lack of trying.

HOWEVER, I AM NOT A LAWYER. YMMV.

It would be great to get clarification from Chuck et al if possible.

[Maverick237]

Why do you assume there is a ban on importation? High cap mags would have been banned in LA under the statewide ban in 2000. And before that federally in 1994.

Many people have asked in many threads on many sites and people keep saying this law might exist but not a single person has been able to find it.

And again, the possession ban was sunsetted because of state preemption. So it would make sense that there was no or is no law against importation at the city level because it would be preempted by the now defunct state law.

Can you, or anyone, identify a city law that would be relevant here?

Yes, below is the ONLY law I could find for Los Angeles referring to magazines. There is nothing else under its municipal code that talks about magazines except for a section about ultra-compact firearms and that they're measured with the magazine removed.

SEC. 55.13. SALE OF AMMUNITION CLIPS AND SIMILAR DEVICES.
(Amended by Ord. No. 172,002, Eff. 6/5/98.)

(a) No person shall sell or otherwise transfer to any other person a clip, magazine , belt, drum, feed strip or similar device which has a capacity of, or which can be readily restored or converted to accept, more than ten rounds of ammunition.

(b) The provisions of this section shall not apply to:

1. the sale or transfer of such devices to any person described in Section 12302 or 12322 of the Penal Code of the State of California, or

2. the sale or transfer of ownership of such a device by a wholesale gun dealer to another wholesale gun dealer or by a wholesale gun dealer to a retail gun dealer, or

3. any entity or establishment engaged in the business of motion picture, television, video, theatrical, or re-enactment production, provided the clip, magazine , belt, drum, feed strip or similar device is used solely as a prop in the course of motion picture, television, video, theater, or re-enactment production by an authorized participant therein or by an authorized agent or employee of the entity or establishment, and only if the entity or establishment properly secures such clip, magazine , belt, drum, feed strip or similar device from unauthorized use, or

4. any federal, state or local historical society, museum or institutional collection which is open to the public provided any such clip, magazine , belt, drum, feed strip or similar device is properly housed, secured from unauthorized handling and is unloaded.

So giving magazines or selling them is a no no in Los Angeles.



San Diego has the following code:

detachable magazine with a capacity of 20
rounds or more,magazine capacity of more than 6 rounds;
(3) Any weapon which may be readily restored to an operable assault weapon, as defined in paragraphs 1 and 2 above;
and
(4) Any part, or combination of parts, designed or intended to convert a weapon into an assault weapon, as defined
above in paragraphs 1 and 2, or any combination of parts from which an assault weapon may be readily assembled, if
those parts are in the possession or under the control of the same person.

Here is one for San Francisco:

SEC. 619. Prohibition against Possession of Large Capacity Magazines.
(b) Definition. "Large capacity magazine" means any detachable ammunition feeding device with the capacity to
accept more than 10 rounds

However what gets called into question is that it mentions that it shall have no force or effect if it duplicates state law. Prop 63 would've duplicated it however it was blocked so it's kind of up in the air from how I see it.

This information was found via the ATF website -> https://www.atf.gov/firearms/docs/gu...alpdf/download