Question about normal cap magazines

[that one guy]

What?s the saint benetinez court ruling penal code for normal cap magazines? I?d like to have a copy of the exact verbiage of his ruling printed in my range bag and in my gun box. Thank you in advance.

[RickD427]

What?s the saint benetinez court ruling penal code for normal cap magazines? I?d like to have a copy of the exact verbiage of his ruling printed in my range bag and in my gun box. Thank you in advance.

As of the present. Judge Benitez's decision has had no effect on the Penal Code.

Penal Code section 32310(c) makes it illegal to possess Large-Capacity Magazines in the state of California, and it remains in the Penal Code as of today.

You may be better advised to carry a copy of his Preliminary Injunction prohibiting the enforcement of Penal Code section 32310(c).

[Quiet]

The last Court order from Judge Benitez, regarding Duncan v Becerra, on 04-04-2019.

[TimRB]

From what I have seen watching many arrest videos (not highly authoritative, I know) if a cop decides what you are doing or possess is illegal, he is not going to care about any documentation you present to him that shows you are within the law. YMMV. Sanctimonious range office personnel may be different.

Tim

[Quiet]

From what I have seen watching many arrest videos (not highly authoritative, I know) if a cop decides what you are doing or possess is illegal, he is not going to care about any documentation you present to him that shows you are within the law. YMMV. Sanctimonious range office personnel may be different.

CA laws allows for a CA LEO to confiscate any large capacity magazine that was not acquired via a legal method as a nuisance item. [PC 32390]
^Due to Freedom Week, this seems to only apply to any magazine that did not exist before or during Freedom Week and to any magazine that was used in conjunction with criminal activity.

AFAIK, only reasonable suspicion is required for the CA LEO to legally confiscate the large capacity magazine from the possessor, who will be given a property receipt for the magazines.

Within 180(?) days of the confiscation, the possessor can then take the property receipt along with proof (dated receipts/bill of sales/purchase orders) they legally acquired the large capacity magazines to the LE agency that confiscated the nuisance items and legally get them back.
^If the possessor does not have proof they were legally obtained, then they will be destroyed pursuant to CA laws. [PC 18010(b)]

None of the Court actions has enjoined these laws, so they are still in effect.
^Judge Benitez did not stop this.




Penal Code 32390
Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any large-capacity magazine is a nuisance and is subject to Section 18010.

Penal Code 18010
(a) The Attorney General, a district attorney, or a city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any item that constitutes a nuisance under any of the following provisions:
(19) Section 32390, relating to a large-capacity magazine.
(b) The weapons described in subdivision (a) shall be subject to confiscation and summary destruction whenever found within the state.

[Tacticalgamer]

CA laws allows for a CA LEO to confiscate any large capacity magazine that was not acquired via a legal method as a nuisance item. [PC 32390]
^Due to Freedom Week, this seems to only apply to any magazine that did not exist before or during Freedom Week and to any magazine that was used in conjunction with criminal activity.

AFAIK, only reasonable suspicion is required for the CA LEO to legally confiscate the large capacity magazine from the possessor, who will be given a property receipt for the magazines.

Within 180(?) days of the confiscation, the possessor can then take the property receipt along with proof (dated receipts/bill of sales/purchase orders) they legally acquired the large capacity magazines to the LE agency that confiscated the nuisance items and legally get them back.
^If the possessor does not have proof they were legally obtained, then they will be destroyed pursuant to CA laws. [PC 18010(b)]

None of the Court actions has enjoined these laws, so they are still in effect.
^Judge Benitez did not stop this.




Penal Code 32390
Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any large-capacity magazine is a nuisance and is subject to Section 18010.

Penal Code 18010
(a) The Attorney General, a district attorney, or a city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any item that constitutes a nuisance under any of the following provisions:
(19) Section 32390, relating to a large-capacity magazine.
(b) The weapons described in subdivision (a) shall be subject to confiscation and summary destruction whenever found within the state.

Just out of curiosity, What is someone bought the normal cap mags cash from somebody during freedom week?

[ar15barrels]

Just out of curiosity, What is someone bought the normal cap mags cash from somebody during freedom week?

Ask the seller to give you a receipt so you can prove it if necessary.