Hi Cap magazines

[FLAWLS1]

First I'd like to say I did read the sticky up top, but I wanted to know. Have you ever been caught with a Hi Cap mags? I mean, they are legal, but 99% of people feel that you can't be in possession of them. If you're caught with them will a LEO give you **** about it and confiscate it/them??

[DJ Skillz]

I could see four situations where you could catch crap for 11+ capacity mags:

1. The LEO doesn't know the law regarding possession.
2. You say something to incriminate yourself.
3. You're using it in a fixed-magazine weapon. (Then it's more than just the magazine you need to worry about.)
4. You're using it in a weapon that wasn't manufactured until after the ban.

I personally have never had any issues with preban mags.

[Merc1138]

a: People use large capacity magazines at shooting ranges all the time.
b1: Police(city, sheriffs dept., CHP, park service, etc.) go to shooting ranges all the time.
b2: This includes public ranges that sit less than 100 yards from a police station and happen to be where that local PD shoots(targetmasters in milpitas being an example).
c: If the police at the shooting ranges cared, it would be easy for them to count shots between reloads, then look to see who had a large capacity magazine.

[alfred1222]

ive never met or heard of an officer giving someone problems for using high capacity magazines. i personally wouldnt use any large capacity magazines unless i was on private land FAR away from anyone wearing a badge. but i know alot of police officers, both rural and from the city, that just plain dont care how many rounds you shoot

[Chaos47]

Heres a story about a ranger hassling someone for regular capacity magazines.

http://www.calguns.net/calgunforum/showthread.php?t=523910

Here's a press release where someone was arrested for possession of "hicaps"

http://co.humboldt.ca.us/sheriff/pressreleases/default.asp?title=Press+Releases&url=pressReleaseDetail.asp&ID=749

And the thread about it:

http://www.calguns.net/calgunforum/showthread.php?t=518892

Page 74 of the AWB Guide clearly states:

Possession of large capacity magazines, whether by peace officers or private citizens, is not controlled.

http://oag.ca.gov/firearms/awguide (PDF download link is on that page)

[dieselpower]

^

Possession of large capacity magazines, whether by peace officers or private citizens, is not controlled.

Its a non-issue unless you make it one.

[Quiet]

Its a non-issue unless you make it one.

And if you make it an issue, LEOs will confiscate per CA state law [PC 32390].


Penal Code 32390
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, any large-capacity magazine is a nuisance and is subject to Section 18010.

Penal Code 18010
(a) The Attorney General, district attorney, or city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any item that constitutes a nuisance under any of the following provisions:
(20) Section 32390, relating to a large-capacity magazine.
(b) These weapons shall be subject to confiscation and summary destruction whenever found within the state.
(c) These weapons shall be destroyed in the same manner described in Section 18005, except that upon the certification of a judge or of the district attorney that the ends of justice will be served thereby, the weapon shall be preserved until the necessity for its use ceases.

[dieselpower]

And if you make it an issue, LEOs will confiscate per CA state law [PC 32390].


Penal Code 32390
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, any large-capacity magazine is a nuisance and is subject to Section 18010.

Penal Code 18010
(a) The Attorney General, district attorney, or city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any item that constitutes a nuisance under any of the following provisions:
(20) Section 32390, relating to a large-capacity magazine.
(b) These weapons shall be subject to confiscation and summary destruction whenever found within the state.
(c) These weapons shall be destroyed in the same manner described in Section 18005, except that upon the certification of a judge or of the district attorney that the ends of justice will be served thereby, the weapon shall be preserved until the necessity for its use ceases.

you need to bold that so people focus on the proper part of the law...it sinks into the thick headed that way.

any 11+ magazine can be taken away without due process of law....

[quig]

I could see four situations where you could catch crap for 11+ capacity mags:

1. The LEO doesn't know the law regarding possession.
2. You say something to incriminate yourself.
3. You're using it in a fixed-magazine weapon. (Then it's more than just the magazine you need to worry about.)
4. You're using it in a weapon that wasn't manufactured until after the ban.

I personally have never had any issues with preban mags.

I challenge #4.

Yes, improbable, but not impossible. Perfectly legal to find a hi-cap from a recently produced handgun and use it. Remember, not illegal to possess/own.

[JB-Norcal]

I don't worry about city PD or county SO, its the F & G, BLM, and FS ignorance that's most likely to cause a problem. Good idea to be able to counter their lack of knowledge with some codes and case info. It's never happened to me but I've heard some first hand stories of F&G making life a problem for law abiding folks seemingly just for kicks.

[DJ Skillz]

I challenge #4.

Yes, improbable, but not impossible. Perfectly legal to find a hi-cap from a recently produced handgun and use it. Remember, not illegal to possess/own.

True. I suppose it all depends how good your lawyer is.

[QuarterBoreGunner]

"caught" with hi-cap mags.

*sigh*

[Yemff]

a friend of mine got a 30 round ak mag confiscated because the police he encountered sure made him think they were illegal to have, and he wasn't up on all of laws, so he lost a legally acquired mag because of it.