Probably an obvious answer because we are in Cali but asking anyways

[supermoto917]

If involved in a home defense situation and you were using a magazine over 10 rounds, will this work against your investigation? Has there been cases in the past where the DA went after the homeowner for an over the 10-round magazine?

[GunDog]

Yours is a hypothetical question however, it shouldn't matter if the standard capacity magazine was legally owned and possessed?

[Grendel Guy]

As in Freedom Week?

[TrappedinCalifornia]

The real question is whether you want to be the 'test case.' The only 'honest' answer is that it could/might work against you or it might not. It will depend on circumstances, jurisdiction, etc.

9th Circuit upholds California ban on large-capacity ammunition magazines

...Writing for the 11-judge panel of the U.S. 9th Circuit Court of Appeals, Circuit Judge Susan P. Graber found that the state’s ban on magazines holding more than 10 rounds fell in line with other historical weapons restrictions in that it “restricts an especially dangerous feature of semiautomatic firearms — the ability to use a large-capacity magazine — while allowing all other uses of those firearms.”

“So far as California’s law is concerned, persons may own as many bullets, magazines, and firearms as they desire; may fire as many rounds as they like; and may carry their bullets, magazines, and firearms wherever doing so is permissible. The only effect of California’s law on armed self-defense is the limitation that a person may fire no more than ten rounds without pausing to reload, something rarely done in self-defense,” Graber wrote...

The panel’s decision reverses an opposing ruling by a lower court, and sends the case back down to that court for reconsideration...

“This incorrect ruling is not surprising considering the inclination of many 9th Circuit judges to improperly limit the 2nd Amendment’s protections,” said Chuck Michel, an attorney for the plaintiffs.

Michel said he intended to ask the Supreme Court to review — and vacate — the 9th Circuit’s decision...

[M1A Rifleman]

Currently illegal, but prosecutions for possession and use are paused while SCOTUS decides if it will take the ban case. Depending on the jurisdiction, mags would not be the issue Is worry about.

[L84CABO]

There is no limit to what a corrupt prosecuting attorney might try to use to go after you. I mean, clearly you chose a bigger magazine because you are a blood thirsty murderer!

But I would not worry about this even a little. For starters, the bigger mag might actually save your life if you needed more rounds. And that would be the paramount factor for me. Plus, any attorney worth his salt will be able to easily refute this nonsense..."my client used a magazine that was completely LEGAL, readily available in most other states, and used by countless law enforcement agencies throughout the country."

[The Gleam]

If I'm involved in a home defense situation, whether I used a 10-round magazine or 100-Round C-Beta magazine, that's going to be one of the least of my concerns.

And it will likely be one of the least concerns of the responding LEO so long as I was not the bad guy, and regardless if whether the bad got away or not.

And most any jury would agree, even in Leftist anti-gun California, because the populace that make up a jury are not agenda driven politicians.

---

[buttfish]

If involved in a home defense situation and you were using a magazine over 10 rounds, will this work against your investigation? Has there been cases in the past where the DA went after the homeowner for an over the 10-round magazine?

"WHAT OVER-CAPACITY MAGAZINE"?????? I have all legal mags, and the others were lost on a fishing trip.

[ar15barrels]

As in Freedom Week?

Freedom week no longer matters.
The statute of limitation on charging for manufacturing/importing of large capacity magazines is 3 years.
Freedom week is way beyond that.

[BrokerB]

Dam time flys.. over 3 years !!.. you all are getting old.


Magazine size is not even close to a concern after putting holes through some dirtbag in my own home!!!

[jarhead714]

Freedom week no longer matters.
The statute of limitation on charging for manufacturing/importing of large capacity magazines is 3 years.
Freedom week is way beyond that.

And the burden of proof is of course on them…

[hermosabeach]

It's been a while but a lawyer was breaking down sentences for shootings. The AR 15 risks the most prison time.




Sadly we all watched the Kyle Rittenhouse case.

say what you want about the law, but Bakersfield will be a different experience than say San Fran or Los Angeles given a relatively clean self defense shooting.



things to consider

[jyo]

How many over 10 rd magazines are there in California? Zillions! Far more magazines than guns themselves... If it's a clean shooting, you're probably not going to suffer for using a pre-ban magazine...

[Duck Killer]

It’s either a good shoot or not.

[Jimi Jah]

If it was a 20 or 30 I'd remove it and plant it on the perp. The DA can stack that charge on him.