hi cap mags, rebuilds & legality

[ChillyWilly]

I have not been around for a while but recently started coming back and I am a little confused about hi cap mags by all of the for sale threads I see with hicap "rebuild kits". Can someone please clarify, are these rebuild kits just something to keep in my safe until I move to a free state or is there some new law or law I have been unaware of that allows me to "inherit" or ??? whatever where I can actually have these legally because they were ??? manufactured pre ban or I don't know...please clue me in.

thanks

Jerry

[robcoe]

If you want to stay out of jail they are only for rebuilding any existing hi-cap mags you already have. other than that keep them apart, preferably in different locations.

As far as I know its rare for someone to be tried on just possession of a hi-cap mag, but its not worth the risk.

See This thread for details.

[Exile Machine]

Use them to repair or rebuild your existing legally owned mags. Use to build permanently blocked 10 rounders that look like they hold more. Store 'em disassembled for some future day when you leave the state to go shooting. Bring them back in disassembled.

[ChillyWilly]

I thought it was so. Thanks for the heads up fellas, I have been away for a while and with the reading I have been doing concerning the calguns legal team being on the attack I thought maybe they worked some legal magic and freed Commiefornia...I stay hopeful.

[Cokebottle]

If you want to stay out of jail they are only for rebuilding any existing hi-cap mags you already have. other than that keep them apart, preferably in different locations.

Preferably?

You're sounding like the Turner's employee who said that the gun MUST be locked in the trunk and the ammo MUST be separated in the passenger compartment, "preferably" in the glove box.

When I bought my rebuild kits from Riflegear, they were all in the same bag.

As far as I know its rare for someone to be tried on just possession of a hi-cap mag, but its not worth the risk.

Not worth the risk?
Where's the risk?
You can not be charged... much less tried... for possession of either rebuild kits or completed high-caps.
Possession is not a crime.

There is a period at the end of that sentence.

[Never Convicted]

" If you want to stay out of jail they are only for rebuilding any existing hi-cap mags you already have. "

has this ever even happened ?

" As far as I know its rare for someone to be tried on just possession of a hi-cap mag, but its not worth the risk. "

hsa this ever even happened ?

[ChillyWilly]

Is there or is there not a law stating that possession is illegal, weather or not they have convicted?

[Librarian]

Is there or is there not a law stating that possession is illegal, weather or not they have convicted?

No - possession is NOT illegal.

[Batman]

Posession is not illegal.

Using them in a weapon that has a bullet button will make that weapon an AW, which IS illegal.

[Cali-Shooter]

Possession of rebuild kits = legal.

Possession of high capacity magazines = legal.

Importing or manufacturing new high capacity magazines (NOT rebuilding pre-existing ones that are high capacity, this is exempt) = illegal.

[sfwdiy]

You're sounding like the Turner's employee who said that the gun MUST be locked in the trunk and the ammo MUST be separated in the passenger compartment, "preferably" in the glove box.

I run into that guy every time I go there. Strangely, he seems to work at every Turners location in California...

Conspiracy?

--B

[Cokebottle]

I run into that guy every time I go there. Strangely, he seems to work at every Turners location in California...

Conspiracy?

--B

Is he an older guy with gray hair?

Maybe Turner's has mastered the science of cloning.

[ChillyWilly]

So if I were to buy seller x's gun along with his rebuild kits and then build the kits into hi cap mags I would not be breaking the law. Does anyone have any suggestions on where I might find the penal codes that would reflect this? I don't need hi caps for the range but would definitely like them for hd.

Posession is not illegal.

Using them in a weapon that has a bullet button will make that weapon an AW, which IS illegal.

what about in a pistol? i.e. an ar, ak, mac clone pistol with or w/o a pistol marked receiver

thanks

Jerry


P.S. sorry for beating this to death fellas but I have always been told over 10rd your screwed no matter what, unless I can show that I owned them pre ban, which for my age would be possible but I did'nt own any guns back then so its kinda like a the wagon before the horse thing.

P.P.S. I am asking for legal code and what not to go with all the other great information that I have acquired here, especially since legal code is received more positively than "this dude on the internet said". No disrespect intended.

[CSACANNONEER]

So if I were to buy seller x's gun along with his rebuild kits and then build the kits into hi cap mags I would not be breaking the law. Does anyone have any suggestions on where I might find the penal codes that would reflect this? I don't need hi caps for the range but would definitely like them for hd.



what about in a pistol? i.e. an ar, ak, mac clone pistol with a marked receiver

thanks

Jerry


P.S. sorry for beating this to death fellas but I have always been told over 10rd your screwed no matter what, unless I can show that I owned them pre ban, which for my age would be possible but I did'nt own any guns back then so its kinda like a the wagon before the horse thing.

P.P.S. I am asking for legal code and what not to go with all the other great information that I have acquired here, especially since legal code is received more positively than "this dude on the internet said". No disrespect intended.

NO! If you assemble the parts to create a "new to you" +10 round magazine, you would be illegally "manufacturing" a +10 round magazine.

No sure what you mean by a "marked" AR or AK pistol but, if it is not a registered AW, either model would need a fixed 10 round or less mag or you would be manufacturing an illegal AW.

You don't have to prove your inocense in a court of law. THe prosecution has to prove your guilt. Just don't break the law and you should have nothing to worry about.

Instead of me providing a qoute of the different laws I just spoke of, I'll just advise you to go to the CA DOJ website and read the actual printed laws on both AWs and "hi cap mags".

http://ag.ca.gov/firearms/dwcl/

Start by reading 12020 and don't forget to read 12275-12290

[Cokebottle]

So if I were to buy seller x's gun along with his rebuild kits and then build the kits into hi cap mags I would not be breaking the law.

Yes, you would be guilty of manufacturing a large capacity magazine.

Does anyone have any suggestions on where I might find the penal codes that would reflect this? I don't need hi caps for the range but would definitely like them for hd.

IF it were legal, it would not be something covered by the PC. PC dictates what is illegal, and only mentions legalities when there is an exception to something that it ordinarily illegal.
Example, the CVC does not say that you may proceed on a green light.
It does say that you must stop at a red light. It also says that unless posted otherwise, you may proceed to make a right turn on a red after coming to a complete stop and when it is safe to proceed.

what about in a pistol? i.e. an ar, ak, mac clone pistol with or w/o a pistol marked receiver

"pistol" markings are irrelevant. If the receiver has never had a >16" barrel and a buttstock attached, the BATFE does not consider it a long gun. California is a little touchier, since you cannot purchase a stripped receiver without having it entered into the DROS system as a "long gun".... BATFE's 4473 allows it to be input as "other", but once it is sold in California, reasonable prudence from the right people dictates that it is to be considered a long gun.

High caps in an AR/AK pistol are a different issue entirely from the high-cap law. They are subject to California assault weapons laws, and any semiautomatic, centerfire rifle, or any semiautomatic pistol that has a fixed magazine is considered to be an assault weapon if it is a large-capacity magazine.
Long guns can be configured as "featureless" which do not require a bullet button, and without the BB, they may use high-caps.
Pistols are a problem, because one of the SB23 features of an assault weapon is a magazine that attaches outside of the pistol grip. This means that all AR/AK variant pistols must have a bullet button, and therefore, can never use high-caps (inside of California).
A Mac/Uzi, or other pistol platform that contains that magazine in the pistol grip MAY have a detachable magazine and use high-caps, so long as it has no other SB23 features, such as a threaded barrel.