Standard Cap Mags

[tabascoz28]

Maybe it's a hard to get mag cause everything is sold out and if the CA buyer can't have it then it goes to the out of state family. Some mags are worth $50+
OP said mags, what if it was 2, 4, or 8 mags. Wouldn't that be worth it?

[that one guy]

Seems like a bunch of extra steps to me.

[BigPimping]

This sounds pretty shifty to me.

[ar15barrels]

Straw purchase?

Only paper ones.
The plastic ones are illegal in LA again.

[Doomsday Machine]

Only paper ones.
The plastic ones are illegal in LA again.

Think of the turtle children.

[AregularGuy]

Close. Penal Code section 32405 provides:
LEO's are not permitted to manufacture, or keep for sale, large-capacity magazines.

So it looks like sending out of state by the LEO would be legal as a gift but not as a sale? Or am I reading too much into this?

[RickD427]

So it looks like sending out of state by the LEO would be legal as a gift but not as a sale? Or am I reading too much into this?

I would parse out the provisions of PC 32310 and 32405 a little differently. Here's my take on this:

Section 32310 prohibits the "Giving" of a large capacity magazine by a person in the state (California).

Section 32405 creates a number of exemptions from section 32310 for peace officers, but the "giving" provision is not one of the exemptions.

Therefore, it would be illegal for the peace officer to "gift" a large capacity magazine to another person while they (the peace officer) were in the state. The statute doesn't make any provision for a different conclusion if the person receiving the gift were located in a different state.

The only way this would work, IMHO, is if the peace officer were to transport the magazine out of the state (thereby defeating California jurisdiction over the transfer) and then accomplish the transfer outside of the state.

But also keep in mind that the if the peace officer's employing agency learns of such efforts to defeat the application of California law, it's quite possible that the person might become an ex-peace officer.

[ohsmily]

Hello Brain Trust
Asking for a friend's brother's butcher's Daughter
I..er, I mean she is buying an off roster pistol from an L.E.O. Can the L.E.O legally mail the standard cap mags out of state?
Thanks

Standard cap mags? Is the gun a MKIII or any number of thousands of handgun models over the years that only hold 10 rounds or fewer as standard? Then there is no issue. Also, nothing in the CA Penal code about standard capacity magazines.