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  • #31
    JDay
    I need a LIFE!!
    • Nov 2008
    • 19393

    Originally posted by Army
    There is no law against ownership or use, so the prosecution would have to prove you did not own them prior to 2000.

    Since using or possessing them is legal, a park ranger has no authority to confiscate your property.
    No, they would have to prove that you imported or manufactured them after the ban. There is no law against finding them, in fact a family member (who lives in state) could die and leave you all their property and you could legally get them that way.
    Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

    The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

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    • #32
      JDay
      I need a LIFE!!
      • Nov 2008
      • 19393

      Originally posted by GP3
      You don't need to prove it. Possession is legal.

      It can be 'unproven' if you accidentally say something that incriminates yourself. "My Uncle gave them to me last year." etc.
      That would only make a case against you uncle since it is not a crime to receive them.
      Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

      The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

      Comment

      • #33
        NorcalGSG
        Senior Member
        • Nov 2009
        • 1307


        Sorry, I had to.

        Comment

        • #34
          five.five-six
          CGN Contributor
          • May 2006
          • 34924

          Originally posted by Omega13device
          It's legal to possess large-capacity magazines (that is what the law calls them).

          It's legal to possess a disassembled large-capacity magazine and/or parts.

          As of 1/1/2000, it's not legal to...
          Manufacture
          Cause to be manufactured
          Import into the state
          Keep for sale
          Offer or expose for sale
          Give
          Lend (with certain exceptions)

          ...a large-capacity magazine.

          You can read the law yourself, PC 12020(a)(2) at http://www.leginfo.ca.gov/cgi-bin/di...le=12020-12040

          Note that the PC relating to Assault Weapons also prohibits fixed-magazine rifles and pistols with a large-capacity magazine. So no high-caps with a bullet button.
          so, I can buy them legally??? is there a statute of limitations? [/leading questions]

          Comment

          • #35
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44682

            Originally posted by five.five-six
            so, I can buy them legally??? is there a statute of limitations? [/leading questions]
            Buying is not one of the prohibited actions. Managing to buy, in California, without someone else performing one of the prohibited actions will be more difficult; buying out of CA is perfectly legal, but you can't import them back here as complete magazines.

            Three years SOL.

            [Putting on Mr. Rogers' cardigan... ]
            Don't do Illegal Things. Don't say or imply that some might Get Away with doing Illegal Things. Doing Illegal Things is Bad.
            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

            • #36
              dieselpower
              Banned
              • Jan 2009
              • 11471

              so, I can buy them legally??? is there a statute of limitations?
              Yes it is legal to buy a High capacity magazine in California....its only illegal to sell or offer for sale. The buyer can not be charged, but will loose the magazine. No you dont get your money back...thats a civil matter between you and the seller.

              People are saying there is a 3 year statute of limitations on violating hi-cap law..I dont know this myself so can't point to a code for reference. Only thing I read was a guy on the internet said he was an ADA and there was no way to file charges since the he would have to
              1) prove the violation happened in his county
              2) the violation was less then 3 years old
              3) the person he was charging, committed the crime...he can't just say, because he has it, he must have done one of the listed acts.

              He also said he didnt trust LEO to ask the right questions...which is pretty stupid to say. People talk themselves into jail, everyone says, STFU when questioned by police...but very few do it.


              http://il.youtube.com/watch?v=WNODOP...eature=related watch this, learn this, live this.
              Last edited by dieselpower; 07-09-2010, 12:19 AM.

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