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  • #16
    unusedusername
    Veteran Member
    • Sep 2008
    • 4124

    Originally posted by Outsiders
    I had to have owned the large cap mag PRIOR to Jan 1, 2000. So basically any kit that I purchase and assemble after that date would be illegal? Correct?
    Mostly correct.

    The magazine itself is not illegal. Owning the magazine is not illegal. Owning parts for the magazine is not illegal.

    The act of putting it together from a parts kit is illegal.

    Originally posted by Outsiders
    How can one prove if a mag was owned prior to that date?
    That's not the right question. One does not need to prove anything, nor should one try. The government would need to prove it was not assembled prior to that date in order to convict you. Sometimes that is easy: for example a magazine for a gun that did not exist in 2000 (like a XDm). Sometimes it is hard: like a beat up USGI AR mag. Sometimes people make it easy, by talking their way into a conviction instead of calling in an expert. Trying to prove it is legally owned might make it easier for the government to make a case that it is not legally owned.

    Originally posted by PEZHEAD265
    If you want to use your legal AK hi caps if you have any,the gun needs to be 922r compliant.
    If you modify an AK (or any other imported rifle) to be "non-sporting" then you have to comply with 922r. Using 10+ round magazines is only one of many things that can cause 922r issues. This is a federal thing, not a CA state thing though.

    I am not a lawyer. This is not legal advise. If you want real legal advise, hire one of these guys.

    Edited to add: Oh yeah, and do us a favor, ask all your legal questions here. Don't ask your gun store. They give out really bad advise.
    Last edited by unusedusername; 04-02-2012, 12:58 AM. Reason: clairity

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    • #17
      Outsiders
      Junior Member
      • Jan 2012
      • 73

      Originally posted by unusedusername
      Mostly correct.

      The magazine itself is not illegal. Owning the magazine is not illegal. Owning parts for the magazine is not illegal.

      The act of putting it together from a parts kit is illegal.
      Thanks for clearing that up. I have another question. When you say owning the mag is not illegal, do you mean a preban or can i also own a post-ban. If putting it together is illegal, im sure nobody wont actually "see" me put it together. But since it is a post ban.. someone had to have assembled it. Although they can't prove that I assembled it, would i still be okay for owning it?

      BTW, I'll be moving out of state soon and im purchasing kits, I wont be assembling them until after i leave just to cover my ***. I just want to know because i will be moving back to CA in the future. Hopefully laws change by then

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      • #18
        Decoligny
        I need a LIFE!!
        • Mar 2008
        • 10615

        Originally posted by Outsiders
        Thanks for clearing that up. I have another question. When you say owning the mag is not illegal, do you mean a preban or can i also own a post-ban. If putting it together is illegal, im sure nobody wont actually "see" me put it together. But since it is a post ban.. someone had to have assembled it. Although they can't prove that I assembled it, would i still be okay for owning it?

        BTW, I'll be moving out of state soon and im purchasing kits, I wont be assembling them until after i leave just to cover my ***. I just want to know because i will be moving back to CA in the future. Hopefully laws change by then
        A person can have a large capacity magazine that is 100% new parts. This can be done by taking the legal pre-ban magazine and replacing the worn out parts. As long as you start out with a certain number of magazines and you end up with the same number of magazines, and those magazines fit the same guns that the originals fit into.

        You can own a fully assembled post-ban magazine. There have been a couple of rare instances where someone has found an old discarded/lost large capacity magazine at a shooting location in the desert. Since they didn't import it/give it away/sell it/assemble it, they participated in no criminal actions. They just can't leave the state with the magazine and bring it back without disassembling it. The exemption for bringing a large capacity magazine back into the state is limited to those magazines possessed before the ban went into effect.

        Even if nobody sees you assembling the large capacity magazine kit into an actual magazine, it is still a crime. CalGuns does not condone criminal actions.
        sigpic
        If you haven't seen it with your own eyes,
        or heard it with your own ears,
        don't make it up with your small mind,
        or spread it with your big mouth.

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        • #19
          Outsiders
          Junior Member
          • Jan 2012
          • 73

          ok, So when i RETURN to California, it will be illegal for me to own these assembled magazines. I would have to dissassemble them back into kits. Thanks!

          Comment

          • #20
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44669

            Originally posted by Decoligny
            A person can have a large capacity magazine that is 100% new parts. This can be done by taking the legal pre-ban magazine and replacing the worn out parts. As long as you start out with a certain number of magazines and you end up with the same number of magazines, and those magazines fit the same guns that the originals fit into.

            You can own a fully assembled post-ban magazine. There have been a couple of rare instances where someone has found an old discarded/lost large capacity magazine at a shooting location in the desert. Since they didn't import it/give it away/sell it/assemble it, they participated in no criminal actions. They just can't leave the state with the magazine and bring it back without disassembling it. The exemption for bringing a large capacity magazine back into the state is limited to those magazines possessed before the ban went into effect.

            Even if nobody sees you assembling the large capacity magazine kit into an actual magazine, it is still a crime. CalGuns does not condone criminal actions.


            Asked and answered.
            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!

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