Transporting/Using Freedom Week Mags

[BC1791]

Looking for any help on this. I'm not sure if it's been discussed as I couldn't find anything specifically on it.

If I go shooting and take a rifle with features and one without features, are there any issues with me having a 30-round freedom week magazine with me? I know you cannot put the 30 rounder in the rifle with features, but are there any issues with me having it?

IE; should I only take the 30-rounder when I only have the featureless rifle? Or as long as I'm not using the magazine in the featured rifle I'm okay?

My rifle bags have spots for magazines to sit in while transporting. If it's okay to have, is there any issues having them sitting in the same bag as the featured rifle? Or should I keep them somewhere else?

Might be a dumb question, but just want to make sure I'm okay and not falling into a gray area.

[jorgi23]

Sadly there isn't a vaccine for Axxholes. One guarantee in life, one a-hole always be in the vicinity. Be safe and keep them separated and hidden.

[RickD427]

Looking for any help on this. I'm not sure if it's been discussed as I couldn't find anything specifically on it.

If I go shooting and take a rifle with features and one without features, are there any issues with me having a 30-round freedom week magazine with me? I know you cannot put the 30 rounder in the rifle with features, but are there any issues with me having it?

IE; should I only take the 30-rounder when I only have the featureless rifle? Or as long as I'm not using the magazine in the featured rifle I'm okay?

My rifle bags have spots for magazines to sit in while transporting. If it's okay to have, is there any issues having them sitting in the same bag as the featured rifle? Or should I keep them somewhere else?

Might be a dumb question, but just want to make sure I'm okay and not falling into a gray area.

You got a couple of different issues going on here. Best to discuss them separately to keep things clear:

1) Assault Weapons Legal Stuff:

Folks ensure compliance with the Assault Weapon statutes in two ways. One is to make the weapon "Featureless" so that it is simply a semi-automatic rifle. The Assault Weapon statute is not violated if you put a large-capacity magazine into a featureless semi-auto rifle.

Folks also make the magazine of a semi-auto rifle fixed so that it does meet the "detachable magazine" element of the AW definition, and that works so long as nothing else puts the rifle back into the definition. Having a fixed magazine of more than 10 rounds does just that. It creates an illegal AW.

Some folks get nutted up over the concept of "Constructive Possession" of a large capacity magazine in conjunction with a fixed magazine rifle. California's AW statute does not include a "Constructive Possession" clause. The law is not directly violated if you possess a large-capacity magazine with the rifle. Some caution may be called for following the California State Supreme Court case of People v Nguyen where Mr. Nguyen was convicted of the "Attempted Possession of an AW" under facts that were roughly similar to constructive possession, but the Nguyen case was sufficiently different that it does not equate to "constructive possession."

2) Possession of a Large-Capacity Magazine - The technical legal version:

The simple possession of a large-capacity magazine is currently illegal. The law that it makes it so is currently being challenged in federal court, and the federal court has issued an injunction prohibiting enforcement of the statute. But it's also important to note that nothing in the federal court action has changed the state statute. It still remains as law.

3) Possession of a Large-Capacity Magazine - The practical version:

The current court order pretty much puts a stop to prosecution, and that in turn pretty much stops enforcement efforts until the status of the law is resolved. I'm only aware of two cases where LE officers seized large-capacity magazines under the state law, and while the injunction was in effect. In the first case, the magazines were returned to their owner, with an apology, and no charges were filed. In the other case, charges were filed, but were subsequently dismissed.

Although it is legally possible for a person to be later charged with possession if the law is upheld and the injunction dissolved, there are a great many legal reasons that make that extremely unlikely.

As a purely practical matter, you're on pretty safe legal ground possessing your large-capacity magazines so long as the injunction is in effect.

[bugsy714]

Personally I install a 10 round empty magazine into my magazine locked rifles when I transport them that way I made the definition of fixed 10 round magazine


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[BC1791]

You got a couple of different issues going on here. Best to discuss them separately to keep things clear:

1) Assault Weapons Legal Stuff:

Folks ensure compliance with the Assault Weapon statutes in two ways. One is to make the weapon "Featureless" so that it is simply a semi-automatic rifle. The Assault Weapon statute is not violated if you put a large-capacity magazine into a featureless semi-auto rifle.

Folks also make the magazine of a semi-auto rifle fixed so that it does meet the "detachable magazine" element of the AW definition, and that works so long as nothing else puts the rifle back into the definition. Having a fixed magazine of more than 10 rounds does just that. It creates an illegal AW.

Some folks get nutted up over the concept of "Constructive Possession" of a large capacity magazine in conjunction with a fixed magazine rifle. California's AW statute does not include a "Constructive Possession" clause. The law is not directly violated if you possess a large-capacity magazine with the rifle. Some caution may be called for following the California State Supreme Court case of People v Nguyen where Mr. Nguyen was convicted of the "Attempted Possession of an AW" under facts that were roughly similar to constructive possession, but the Nguyen case was sufficiently different that it does not equate to "constructive possession."

2) Possession of a Large-Capacity Magazine - The technical legal version:

The simple possession of a large-capacity magazine is currently illegal. The law that it makes it so is currently being challenged in federal court, and the federal court has issued an injunction prohibiting enforcement of the statute. But it's also important to note that nothing in the federal court action has changed the state statute. It still remains as law.

3) Possession of a Large-Capacity Magazine - The practical version:

The current court order pretty much puts a stop to prosecution, and that in turn pretty much stops enforcement efforts until the status of the law is resolved. I'm only aware of two cases where LE officers seized large-capacity magazines under the state law, and while the injunction was in effect. In the first case, the magazines were returned to their owner, with an apology, and no charges were filed. In the other case, charges were filed, but were subsequently dismissed.

Although it is legally possible for a person to be later charged with possession if the law is upheld and the injunction dissolved, there are a great many legal reasons that make that extremely unlikely.

As a purely practical matter, you're on pretty safe legal ground possessing your large-capacity magazines so long as the injunction is in effect.

So in other words, I'm fine bringing both rifles as long as the 30 rounder never touches the maglocked rifle with features?

[RickD427]

So in other words, I'm fine bringing both rifles as long as the 30 rounder never touches the maglocked rifle with features?

That would be my read on things, but keep in mind IANAL, just a retired LEO. My opinion don't count for much in the grand scheme of things.

Also make sure you stay on top of the status of the federal court injunction. Everything can change once it changes.

[Gundiver]

What about a registered AW

[ysr_racer]

So in other words, I'm fine bringing both rifles as long as the 30 rounder never touches the maglocked rifle with features?

So in other words you take legal advice that might effect the rest of your life, from anonymous people on gun forums?

[RickD427]

What about a registered AW

What about a Registered Assault Weapon?

If the weapon is registered as a Assault Weapon and has a fixed magazine, you can run the large-capacity magazine in it without making it any more "assaultier."

But who is going to fix the magazine on a weapon that is already a Registered Assault Weapon? That don't make no sense.

[Olav]

What about a Registered Assault Weapon?

If the weapon is registered as a Assault Weapon and has a fixed magazine, you can run the large-capacity magazine in it without making it any more "assaultier."

But who is going to fix the magazine on a weapon that is already a Registered Assault Weapon? That don't make no sense.

Quite frankly, none of it makes any sense.

[BC1791]

So in other words you take legal advice that might effect the rest of your life, from anonymous people on gun forums?

Obviously not, but I'd love to hear you .02 on the subject as well.

[Gundiver]

What about a Registered Assault Weapon?

If the weapon is registered as a Assault Weapon and has a fixed magazine, you can run the large-capacity magazine in it without making it any more "assaultier."

But who is going to fix the magazine on a weapon that is already a Registered Assault Weapon? That don't make no sense.

[RickD427]

Well then, let's back up a step.

What did you mean when you posted "What about a registered AW"?

[jcwatchdog]

Well then, let's back up a step.

What did you mean when you posted "What about a registered AW"?

Maybe he meant using high capacity magazines in registered AWs, like bullet button assault weapons.

[RickD427]

Maybe he meant using high capacity magazines in registered AWs, like bullet button assault weapons.

Please keep in mind that the Assault Weapon Regs (although not the Penal Code) treat a "Bullet Button Registered Assault Weapon" differently than a "Registered Assault Weapon."

For that reason, they're not the same.

You can run a large-capacity magazine in a "Registered Assault Weapon" with no problem.

However, given the way the regs are worded, if you run a large-capacity magazine in a "Bullet Button Registered Assault Weapon", then you have created an unregistered "Assault Weapon" that is different from the "Bullet Button Registered Assault Weapon." Please see 11CCR5491(a) for the particulars.

Also please note that we have not previously discussed "Bullet Button Registered Assault Weapons" anywhere in this thread. That's an important distinction because the rules are quite different.