What if a 10rd magazine spontaneously becomes 15rds? (seriously)

[rritterson]

This is all hypothetical, of course.

What if a CA FFL were to create 10rd magazines out of 20rd magazines by sticking two pieces of plastic, stacked head to tail,under the follower to prevent the follower from descending completely then glued the bottom to make it permanent, but, while in shipment, the package was jostled so much that, in one magazine, plastic pieces moved and fell next to each other so that the magazine now held 15 rds?

If this magazine is delivered to me with an existing capacity of 15 rds, I may legally possess it because I have neither manufactured nor offered for sale a high capacity magazine, right?

Has the seller committed a crime in this case? Did they manufacture a high capacity magazine? Or was the modification not considered permanent maybe?

What if, down the road, one of the other, currently 10 rd magazines also has the plastic jostle and it becomes a 15 rd magazine? Have I manufactured a high capacity magazine in that case?

Finally, presume these are a magazine type that was created post ban. It is worth even using the legal high-cap magazine since it may be presumed it was obtained illegally?

[the86d]

You would be in possession of a legal mag, I assume. However you would have to prove that to the Officer(s), your lawyer, the DA, and your family after you got arrested, not me...

[ewarmour]

Finally, presume these are a magazine type that was created post ban. It is worth even using the legal high-cap magazine since it may be presumed it was obtained illegally?

In all honesty how often does magazine capacity get "checked" by authorities?

However

you would be looking for trouble. This is a guilty until proven innocent situation, if the mags are post ban how can you prove innocence? You can't.

You gotta ask yourself, is it worth it?

[Librarian]

In all honesty how often does magazine capacity get "checked" by authorities?

However

you would be looking for trouble. This is a guilty until proven innocent situation, if the mags are post ban how can you prove innocence? You can't.

You gotta ask yourself, is it worth it?

We don't have to prove innocence; our legal system requires that an accuser proves guilt.

[Freagan]

In all honesty how often does magazine capacity get "checked" by authorities?

There have been cases of being chased by helicopter that eventually even landed on the freeway...for serious

[ElDub1950]

I suspect the simple fact that you were using them after you knew they were defective (no longer limited to 10 rnds) would be proof you did wrong. I think you would have to sue the mfg and prove they had something defective that cost you (fines/legal fees/loss of CCW).

[repubconserv]

I suspect the simple fact that you were using them after you knew they were defective (no longer limited to 10 rnds) would be proof you did wrong. I think you would have to sue the mfg and prove they had something defective that cost you (fines/legal fees/loss of CCW).

nope. pretty much all you'd have to do is keep your mouth shut and call CGF.

Now you certainly would get in trouble if you put that "10rd" (15rd) mag into a bb'd gun

[CK_32]

What is with all these crazy "hypothetically" questions about high caps..if your going to break the law and make a high cap don't post "hypothetically" about it. This ones not bad but there are a few blatantly showing they are asking for a loop holes to creat a high cap and have an excuse if they get busted linking their info to this forum which I don't think Calguns should be apart of..

Just follow the rules or don't but don't involve us if you choose not to and skirt around the laws. And to everyone giving all this info about well they would have to prove it is giving them advice to break the law just don't get caught which is kind of stupid. Because if they do get caught some how and yes we all know it's impossible apparently but if they do prove it and they rat out this thread saying well they said I could if.. Then this forums fd..

Hypothetically of course

My $0.02.

[AE102]

Don't say anything and let them PROVE your mags were acquired "after" the ban?

[Agent 0range]

Why risk anything? Sure, innocent until proven guilty, buy why put yourself in that position? Just send them back to the manufacturer and have them replaced with legal mags. Seriously...Is is worth the chance of being convicted of a felony and giving up all your 2A rights???

[rritterson]

What is with all these crazy "hypothetically" questions about high caps.

My $0.02.

Since many have confirmed the possession is actually legal, I am willing to go on record and say this happened to me for real. Another one of the same batch of mags was improperly assembled and so arrived as a permanently modified 3 round magazine. I disassembled it, which is how I found out about the "custom" plastic pieces. I will be disassembling all of them, including my just-acquired legal high cap, and replacing the junk plastic they used with the real magpul limiters.

I have BB'ed rifles, so a high cap is useless to me anyway.

I posed the question hypothetically because I did not want to post about a crime I committed, were that the case.

[Chaos47]

Since many have confirmed the possession is actually legal, I am willing to go on record and say this happened to me for real.

You sir are a master of deception!
No one here could have ever possible guessed that this may not be a hypothetical situation.

Just like we believe everyone that asks a question that starts with "My friend" or "My Uncle" isn't really asking for themselves

[Sir Stunna Lot]

in the spririt of the OP's original comment, the moment you take apart the mag to look at the "plastic piece falling off" and *re-assembled* the mag, this is where you committed the crime of contructing high cap mags.

[Tiberius]

As I understand it, based on a literal reading of the statute, if you find a standard capacity mag somewhere, or inherit one, or even manage to buy one at your local "We Don't Give a Hoot Standard Cap Mag Store", it's all legal for you. It's illegal to make, import, or sell one. The law seems aimed at sellers, importers, and manufacturers, not end-users.

Having said that, nothing would prevent a cop from seizing such mags as a "public nuisance" or whatever, leaving you to fight for years to get them back. The cop might technically wrong, but how long will anyone fight - with possibly high legal fees - to get back a mag? Even if you win, you lose.

[CBruce]

Since many have confirmed the possession is actually legal, I am willing to go on record and say this happened to me for real. Another one of the same batch of mags was improperly assembled and so arrived as a permanently modified 3 round magazine. I disassembled it, which is how I found out about the "custom" plastic pieces. I will be disassembling all of them, including my just-acquired legal high cap, and replacing the junk plastic they used with the real magpul limiters.

I have BB'ed rifles, so a high cap is useless to me anyway.

I posed the question hypothetically because I did not want to post about a crime I committed, were that the case.

Fix them. Transforming into a "high-capacity" magazine through josteling during shipping doesn't seem to meet the criteria of being permenantly altered. It's just not worth it to mess around with "high-capacity" magazines, especially if you have a bullet-buttoned rifle.