Librarian... HELP need some penal code sections...

[imarangemaster]

Saw a friend today who owns a gunshop. He was selling Saigas, so I asked if he wanted to see my "restored" one. I brought it in with one of my pre-ban 30 rounders and it was featureless wearing a Kydex paddle. He started telling me that The 30 was illegal, etc., etc. I tried to explain "featureless build" and the fact that I had had the 30s since I owned an AK in the 80s, and had even registered it when Rooberti-Roos passed. I told him I sold the original, but kept the magazines, and that the penal code states if you had them before 2000, you can have and use them in a featureless build. That got nowhere quick! He said that they can only be used with the original weapon you had before 2000, and that it was a felony to use them in any other weapon. He said DOJ will arrest me if I use them in a recently acquired weapon. I pointed out that my 469 S&W high-cap magazines are from a 469 I owned in the 80s and 90s, but I since replaced it with a different 469. He maintained that was illegal too.

He's a retired cop, and I am a retired cop, so we really butted heads about the law. I will never hear the end of it unless I can show him in black and white (in the penal code, not flow chart).

[Chaos47]

As a retired cop I'm sure you understand the law never tells you what you can do only what you can not do. Theres no law that mentions anything about the magazine has to be with the original gun. Hell pre ban you could have bought any magazine for any gun you wanted in the future and it would be legal.

Anyways possession is not illegal.

http://www.calguns.net/calgunforum/showthread.php?t=387409

[Librarian]

Here's the penal code on magazines: (32310)

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, commencing January 1, 2000,

any person in this state who

manufactures or causes to be manufactured,

imports into the state,

keeps for sale, or offers or exposes for sale,

or who gives, or lends, any large-capacity magazine

is punishable by imprisonment in a county jail not exceeding one year or in the state prison.

Absolutely nothing in PC concerned with age of weapon or age of magazine - and your friend should come up with the PC he thinks supports his position.

See also the link to the sticky, below, which has links to other resources.

[louscamaro91]

Typical gun shop FUD.
I went into a gun shop early this month looking to buy a flash hider, they told me NO! they are illegal!!
I just left, no need to try and educate, I will rack my brain in doing so.

[Mssr. Eleganté]

He runs a gun shop and he's a retired cop?!!? Poor guy never stood a chance at understanding gun laws.

[tujungatoes]

Good luck convincing a gun shop owner that there's anything they don't know about guns.

librarian is right. Ask him to come up with the relevant PC that says you're breaking the law. Bet him a gun or something....Just to rub it in his face.

[Doppelgänger]

He runs a gun shop and he's a retired cop?!!? Poor guy never stood a chance at understanding gun laws.

Hahahhaa

[Grumpyoldretiredcop]

Time to make a bet that he can't come up with the section. Then enjoy a cold one on him.

[Junkie]

So, if you are ever arrested and a firearm is confiscated, you need to do paperwork and pay money and wait to get it back - right?

How about if you ran into an LEO who thought what the gun store owner thought, and arrested you for something that wasn't a crime. Do you still have to pay money to get your guns back, when you didn't do anything wrong?

[mrlonewolf]

Good luck convincing a gun shop owner that there's anything they don't know about guns.

librarian is right. Ask him to come up with the relevant PC that says you're breaking the law. Bet him a gun or something....Just to rub it in his face.

^^^^ This.

[IntoForever]

Bet him loser buys lunch for all the calgunners!

[chim-chim7]

Typical gun shop FUD.
I went into a gun shop early this month looking to buy a flash hider, they told me NO! they are illegal!!
I just left, no need to try and educate, I will rack my brain in doing so.

Did you try asking for a compenator or muzzle brake also? Most gun shops don't like the term flash hider.

[Dr Rockso]

He runs a gun shop and he's a retired cop?!!? Poor guy never stood a chance at understanding gun laws.

Perfectly said. There's a couple good and knowledgable shops around here that actually have a grasp on the law, but walk through the door of ~80% of them and it's like you've just climbed aboard the USS Make****up.

[Seesm]

This normal for gun shops... They say 80% are illegal and that having loaded mags in a locked box with your gun is illegal... Sooo sick and tired hearing all this crap. I wish I had a small PC book that is all the stuff for us AR / AK guys so when a cop or a shop guy ays anything you can say no pc code whatever says your WRONG...

[imarangemaster]

32420. Section 32310 does not apply to 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 same large-capacity magazine.

This covers the pre-bans I had before 2000, since I moved out in 2007 then moved back late 2011. Is there another statute that states if they were owned prior to the law (Jan 1, 2000), they are legal, or does the wording of the statute saying nothing about POSSESSES after 2000, just manufacture, imports, etc. cover it. I know the AW law only mentions high capacity in reference to rifles with evil features, not featureless (Mini-14, M1 Carbine, featureless AE and AK.)