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Saw this on craigslist...

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  • #31
    Mike's Custom
    Senior Member
    • Nov 2007
    • 872

    Sorry for spelling errors, I had to type it out. Yes, I should have run it through SPELL CHECK.

    This can be found in the DOJ Firearms page under FAQ:

    9. [b]If I have a large-capacity magazine, do I need to get rid of it?

    No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California
    before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for
    sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California
    peace officers, or licensed dealers.

    (PC Section 12020 (b)(19-29))

    So, according to the above it is illegal to transfer Hi-cap mags. In the cases listed above, give, lend, sale, a TRANSFER of ownership is taking place. If you go to the penal code above you can read the full text.

    I have done gun shows for years (I stopped 4 years ago) and I watched the DOJ arrest people and sieze inventories including a motorhome used to transport Hi-Caps as well as individuals transfering them to other individuals at gun shows in Bakersfield and Fresno since Jan. 1, 2000.
    Last edited by Mike's Custom; 11-05-2009, 12:40 PM.
    "Gun control is not about guns, it is about control"

    Mike's Custom Firearms 661-834-7836
    http://mikescustomfirearms.com/

    Comment

    • #32
      snobord99
      Senior Member
      • May 2009
      • 2318

      Originally posted by Mike's Custom
      Sorry for spelling errors, I had to type it out. Yes, I should have run it through SPELL CHECK.

      This can be found in the DOJ Firearms page under FAQ:

      9. [b]If I have a large-capacity magazine, do I need to get rid of it?

      No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California
      before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for
      sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California
      peace officers, or licensed dealers.

      (PC Section 12020 (b)(19-29))

      So, according to the above it is illegal to transfer Hi-cap mags. In the cases listed above, give, lend, sale, a TRANSFER of ownership is taking place. If you go to the penal code above you can read the full text.

      I have done gun shows for years (I stopped 4 years ago) and I watched the DOJ arrest people and sieze inventories including a motorhome used to transport Hi-Caps as well as individuals transfering them to other individuals at gun shows in Bakersfield and Fresno since Jan. 1, 2000.
      I don't think you understand what everyone is saying. It is illegal to sell hi-cap mags, but not illegal to buy
      • Manufactures: a seller might manufacture, but a buyer certainly does not.
      • Causes to be manufactured: again, maybe the seller does. There's an argument that by buying it, you're causing it to be manufactured, but that's a very weak connection and I highly doubt it would be interpreted that way by any court.
      • Imports into the state: a seller may have imported it, but the buyer doesn't (again, assuming the mag was already in the state).
      • Keeps for sale: seller, yes, they probably had it for at least one second where they said "I'm going to sell it" so that will probably qualify as "keeping for sale"; buyer is not selling or keeping for sale, they're purchasing it.
      • Offers: seller, yes, probably; buyer is not offering it unless you're arguing that they're offering to buy it. That probably won't be the interpretation since the text of the statute makes it pretty clear that what they're preventing is the sale, not the purchase of magazines.
      • Exposes for sale: seller, yes; buyer, no, they're not exposing it for sale. They're buying it.
      • Gives: seller, yes; buyer, not, they're receiving, not giving.
      • Lends: seller, no, they're selling, not lending; buyer, no, they're receiving, not lending.


      And even in the DOJ FAQ you're citing, the word "transfer" does not appear anywhere. They use basically the same words used in the statute (if not the same).

      Conclusion:
      Seller: prison? Maybe.
      Buyer: prison? No. Not illegal.
      Last edited by snobord99; 11-05-2009, 1:45 PM.
      Everyone opposes judicial legislation until the judiciary legislates in their favor.

      Comment

      • #33
        Mike's Custom
        Senior Member
        • Nov 2007
        • 872

        I under stand it completely. But you can't BUY one if no one can SELL one. So, if selling one is a crime the buying one is aiding and abetting in a crime. It couls also be construed as a conspiray to commit a crime. But hey, buy one if you want to.
        "Gun control is not about guns, it is about control"

        Mike's Custom Firearms 661-834-7836
        http://mikescustomfirearms.com/

        Comment

        • #34
          CSACANNONEER
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Dec 2006
          • 44094

          Originally posted by Mike's Custom
          I under stand it completely. But you can't BUY one if no one can SELL one. So, if selling one is a crime the buying one is aiding and abetting in a crime. It couls also be construed as a conspiray to commit a crime. But hey, buy one if you want to.
          That is why no one here will advise anyone to try this. You're right that buying COULD be construed as a conspiracy but, the actual act of buying, in and of itself, is not illegal under Ca law.
          NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
          California DOJ Certified Fingerprint Roller
          Ventura County approved CCW Instructor
          Utah CCW Instructor


          Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

          sigpic
          CCW SAFE MEMBERSHIPS HERE

          KM6WLV

          Comment

          • #35
            WeekendWarrior
            Veteran Member
            • Dec 2008
            • 3536

            WWRTW
            Last edited by WeekendWarrior; 07-30-2014, 4:29 PM.
            sigpic
            in the hands of
            OH MY!

            Comment

            • #36
              trickyvic
              Senior Member
              • May 2006
              • 1239

              This thread is very enlightening. I didn't know it wasn't illegal to purchase them, I still wouldn't take the chance.

              Comment

              • #37
                RideIcon
                Senior Member
                • Sep 2007
                • 1504

                Originally posted by Lyte-
                might be a setup
                Originally posted by joepamjohn
                I think it is in California
                No its not!
                This Search
                Gun Facts PDF

                Comment

                • #38
                  longarmshortlegs
                  Member
                  • May 2009
                  • 336

                  Originally posted by Mike's Custom
                  9. [b]If I have a large-capacity magazine, do I need to get rid of it?

                  No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California
                  before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for
                  sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California
                  peace officers, or licensed dealers.

                  (PC Section 12020 (b)(19-29))
                  That's what caught my eye (despite the absence in the penal code).

                  Comment

                  • #39
                    okimreloaded
                    Member
                    • Jan 2009
                    • 310

                    BUT it is not illegal to find. HAHA

                    Comment

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