Unconfigured Ad Widget

Collapse

Another Pre Ban mag question

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Ding126
    Veteran Member
    • Apr 2008
    • 4393

    Another Pre Ban mag question

    Let's say I have a couple of preban magazines..legally owned prior to 2000blah blah blah

    I bring them with me to a shoot in Nevada....upon returning into Ca..Can I or should I, return home with them in tact?
    sigpic
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    yes, you can.

    12020(b) Subdivision (a) does not apply to any of the following:
    (23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state.
    Last edited by ke6guj; 03-10-2010, 3:22 PM.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

    Comment

    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44653

      ... but please stop thinking of them as 'pre ban' - there is no magic date, and large-capacity magazines themselves are not banned (its transfer that is restricted).
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • #4
        Southpaw45
        Senior Member
        • Sep 2008
        • 2333

        I thought there was a difference between pre and post ban mags. Isn't post bans marked with a manufacture date or it says "law inforcement or military use only"
        Cowboy Action Shooter
        Midnight Black Powder Shooter
        S.A.S.S #74217
        Have Guns Will Travel
        .45 Colt Enthusiast
        ΜΟΛΩΝ ΛΑΒΕ

        Comment

        • #5
          DedEye
          Calguns Addict
          • Nov 2006
          • 8655

          Originally posted by Southpaw45
          I thought there was a difference between pre and post ban mags. Isn't post bans marked with a manufacture date or it says "law inforcement or military use only"
          Your answer is here (it is the same for mags as it is for rifles and uppers).
          These posts are Fiction. They do not contain legal advice, which can only be given by a lawyer. Any resemblance to real persons are pure coincidence. These posts may pose an inhalation hazard, reading can be harmful or fatal. No statements made on this forum are meant to represent any corporate or business entity, others, or myself. Especially not myself.

          Stop duping answers, help expand the FAQ.

          Why yes, that is me in my avatar and yes, I AM wearing a life jacket.

          WTS Keltec P11

          Comment

          • #6
            SVT-40
            I need a LIFE!!
            • Jan 2008
            • 12894

            One thing you could do if you were really concerned is use a scribe or electro pencil to engrave your initials and the date you acquired your mags on the front portion of the mag body which would normally be hidden when the mag is in the gun.

            There is no requirement to do this. but if you are really concerned it would show anyone who would see them as you returned to California that you owned the mags prior to leaving the state to begin with.
            Poke'm with a stick!


            Originally posted by fiddletown
            What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

            Comment

            • #7
              DedEye
              Calguns Addict
              • Nov 2006
              • 8655

              Originally posted by SVT-40
              One thing you could do if you were really concerned is use a scribe or electro pencil to engrave your initials and the date you acquired your mags on the front portion of the mag body which would normally be hidden when the mag is in the gun.

              There is no requirement to do this. but if you are really concerned it would show anyone who would see them as you returned to California that you owned the mags prior to leaving the state to begin with.
              In what possible way would that be useful? You can backdate a large capacity magazine and write whatever date you want on it, that doesn't make it proof that you bought it on that date.

              DON'T ****ING WORRY ABOUT IT (There's no FAQ answer to this question, so read the full Wiki article and you'll see the exception explained there.
              Last edited by DedEye; 03-11-2010, 9:36 AM.
              These posts are Fiction. They do not contain legal advice, which can only be given by a lawyer. Any resemblance to real persons are pure coincidence. These posts may pose an inhalation hazard, reading can be harmful or fatal. No statements made on this forum are meant to represent any corporate or business entity, others, or myself. Especially not myself.

              Stop duping answers, help expand the FAQ.

              Why yes, that is me in my avatar and yes, I AM wearing a life jacket.

              WTS Keltec P11

              Comment

              • #8
                2Cute2Shoot
                Senior Member
                • Mar 2010
                • 1038

                When we would drive out to the Nevada desert to go shooting, we would always leave magazines bigger than 10 at home. We were told by some Nevada gun shops that CHP arrested people driving back into CA with large magazines. I think they said it was 'importing' regardless. Luckily for us, we had family in NV with all the things we wanted

                Comment

                • #9
                  ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  well, either those NV gun shops were spreading FUD, or CHP was improperly arresting people that were not violating the law.

                  12020(b) Subdivision (a) does not apply to any of the following:
                  (23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state.
                  Jack



                  Do you want an AOW or C&R SBS/SBR in CA?

                  No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                  Comment

                  • #10
                    Scratch705
                    I need a LIFE!!
                    • May 2009
                    • 12530

                    or if you want to avoid the false arrest that CHP may be doing, just disassemble the hi-caps during the drive back from NV and when you get home reassemble them.
                    Originally posted by leelaw
                    Because -ohmigosh- they can add their opinions, too?
                    Originally posted by SoCalSig1911
                    Preppers canceled my order this afternoon because I called them a disgrace... Not ordering from those clowns again.
                    Originally posted by PrepperGunShop
                    Truthfully, we cancelled your order because of your lack of civility and your threats ... What is a problem is when you threaten my customer service team and make demands instead of being civil. Plain and simple just don't be an a**hole (where you told us to shove it).

                    Comment

                    • #11
                      SVT-40
                      I need a LIFE!!
                      • Jan 2008
                      • 12894

                      Originally posted by DedEye
                      In what possible way would that be useful? You can backdate a large capacity magazine and write whatever date you want on it, that doesn't make it proof that you bought it on that date.
                      Of course it's not "proof". But in absence of any "proof" it certainly could not hurt your claim that you owned the mags before 2000.

                      As far as "backdating" mags. Of course you could do that. If thats what you choose to do. I'm not suggesting that.

                      But thats not what the OP asked about. He asked about bringing his legally possessed mags back into California after a trip out of state. He was concerned that if discovered by the police during reentry there would be an issue.

                      My suggestion was made to offer some evidence that the mags were owned by him prior to 2000.

                      When the police are confronted with a situation in the field where they need to make a decision on whether a crime is occurring. Such as importing over ten round mags into California. ANY evidence to prove the mags are legal would be a great help to them so they can make the right decision.

                      Here is the scenario:

                      You are stopped by the police and somehow the mags are discovered in your vehicle as you are returning from Nevada.

                      In the first case you have no evidence other than your word that you owned the mags prior to 2000.

                      Or

                      You tell the police "check my mags" they are all engraved with my initials as well as the date I acquired them?


                      In the first scenario the officer would only have your word to rely on to make his decision.

                      In the second scenario in addition to your word, the officer has some tangible proof there in front of him that you are telling the truth about when you bought the mags.

                      Whats the down side???
                      Poke'm with a stick!


                      Originally posted by fiddletown
                      What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

                      Comment

                      • #12
                        Mssr. Eleganté
                        Blue Blaze Irregular
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 10401

                        SVT-40 is talking about winning your case on the side of the freeway right then and there instead of winning it at the police station that night or in the DA's office a month later.

                        Should you have to do it? No. But some police officers aren't fully up to speed on California gun law. Shocking, I know.
                        __________________

                        "Knowledge is power... For REAL!" - Jack Austin

                        Comment

                        • #13
                          SVT-40
                          I need a LIFE!!
                          • Jan 2008
                          • 12894

                          SVT-40 is talking about winning your case on the side of the freeway right then and there instead of winning it at the police station that night or in the DA's office a month later.

                          Should you have to do it? No. But some police officers aren't fully up to speed on California gun law. Shocking, I know.
                          Well said!!!
                          Poke'm with a stick!


                          Originally posted by fiddletown
                          What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

                          Comment

                          • #14
                            RideIcon
                            Senior Member
                            • Sep 2007
                            • 1504

                            Originally posted by 2Cute2Shoot
                            When we would drive out to the Nevada desert to go shooting, we would always leave magazines bigger than 10 at home. We were told by some Nevada gun shops that CHP arrested people driving back into CA with large magazines. I think they said it was 'importing' regardless. Luckily for us, we had family in NV with all the things we wanted
                            At that moment, when you are entering back into the state, it would be upon you to prove you owned them previously and were not importing them, although legally you are doing nothing wrong
                            This Search
                            Gun Facts PDF

                            Comment

                            • #15
                              ivsamhell
                              Veteran Member
                              • Nov 2008
                              • 2623

                              Originally posted by SVT-40
                              You tell the police "check my mags" they are all engraved with my initials as well as the date I acquired them?


                              In the first scenario the officer would only have your word to rely on to make his decision.

                              In the second scenario in addition to your word, the officer has some tangible proof there in front of him that you are telling the truth about when you bought the mags.

                              Whats the down side???
                              you could engrave them out of state as easily as you could purchase them, it is still your word with nothing in addition to it.
                              *anyone could be typing these messages, and probably not while under oath.

                              Comment

                              Working...
                              UA-8071174-1