Nuisance magazines and probable cause

[Mustard]

Besides shooting more than 10+1 rounds in a rapid string, and perhaps an uncommon 10/100 round drum magazine..... how is a LEO going to pin you as having nuisance items?

[pacrat]

Besides shooting more than 10+1 rounds in a rapid string, and perhaps an uncommon 10/100 round drum magazine..... how is a LEO going to pin you as having nuisance items?

If they find you in possession of these filthy nuisance items they are allowed to confiscate and destroy them. [according to some interpretations of the law as written].

But the law itself has never been tested in court. [or it would have already been stricken on 5th & 14th A grounds]

Not worth spending thousands, or tens of thousands, of dollars to get back magazines. So bent cop agencies, get away with seizure and destruction with NO DUE PROCESS for the citizen VICTIM.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment 14 is a long text, so will just say that this "nuisance law" violates both the "DUE PROCESS" and the "EQUAL PROTECTION" clauses.

[Mustard]

Thanks for the info. But what about that first part, "if they FIND you in possession"? I'm minding my own business, not putting off a visual signal (10/30 magazine looks like a 30 rd mag) or an auditory signal (shooting more than 10+1 in the time it takes to reload).... i'm just shooting slow and steady, not breaking any laws shooting on BLM....

What gives the cop the right/ signal to come search me for nuisance items when i'm not being a nuisance?

[pacrat]

Anytime a cop knows you have, or has reasonable suspicion that you have a firearm in your possession in a public place. Such as shooting on BLM land.

They can, under the umbrella of "officer safety" detain and do a pat down. If you admit when asked if any firearms in car, in the affirmative. They again under "officer safety" can then search the car to determine if any or all firearms are legally possessed, stored, etc.

As to the case of mistaken mag identity? It happens. How do I know it happens? Read the link.

http://www.calguns.net/calgunforum/showthread.php?t=944866

After being victimized by the thugs that kicked in his door. He was victimized by cops.

AmericanZ28 informed me by PM that he eventually got all his property back from his overzealous PD.

But had to dig through years worth of old receipts to prove when he had purchased his legally acquired blocked mags. Makes no sense, since they were blocked I know.

But WTF, when bent cops get a stick up their butt, they go to great lengths to keep from admitting any wrongdoing. And make things as difficult as possible for those they wronged, in the hopes that they will just give up and go away.

BTW.................AFTER MULTIPLE ATTEMPTS.....................CGF NEVER CONTACTED HIM.

[Mustard]

Thanks, that answers my question

[Harambe]

I have never heard of a case of cops taking someones mags. Most cops want to solve and prevent actual crimes, not bully average Joe.

[tabascoz28]

Was shooting up in Pollock pines once and didn't know they had a burn/shooting restriction. Something you would have to look up or call before you drove up. Rangers came and politely explained that I was in violation, ran my CDL and let me go, even told me a place where I can shoot indoors down the street. I tend to think that if you're cooperative and no attitude it's all good. One guy walked over to my arsenal to take a quick look while the other called my ID in.