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  • TeddyBallgame
    Calguns Addict
    • Sep 2012
    • 5732

    Question about gun dad left me

    i was directed to this forum by another gun forum because i was told you guys could answer these kind of complicated several part questions about a gun my dad gave me

    in 1993 my dad gave me his Browning 9mm Hi-Power gun. It has 2/13 round magazines. I take it to the range all the time and use it for shooting targets and trips to the desert.

    while at the range on my last trip a guy shooting there started talking with me and I guess he noticed I was reloading after 13 rounds. He asked me about it and I told him that it was the same magazines that came with the gun when my dad had purchased it. He told me that the law only allows 10 round magazines now and I could be breaking the law. I don't want to be in trouble so there are a few things I'd like to know. I had always believed the new law was grandfathered for older purchases

    A. Must I purchase 10 round magazines so I don't get into trouble

    B. I want to register the gun to me now, but, my dad passed away in 2005 and I dont know if I need his signature, plus, can I still keep the 13 round mags even though I may not legally use them?

    C. I don't have the paperwork for the gun, will I need it?

    D. Would registering the gun now cause me to lose the grandfather mag clause, if still good, even though he gave me the gun in 1993?

    E. How can I find out if my dad had even registered the gun when he bought it, around 1990? Is registering the gun necessary? How can I prove ownership? Where should I go to register the gun? Can it be done online?

    I want to be legal, if I can keep the mags, fine, I can buy some 10 round, if I have to. He also gave me his 1994 Beretta, in 1995, similar story, it has 13 round magazines.

    In closing, what would be the best thing for me to do with these guns? I would like them in my name. I know its a lot of questions for just 2 guns
    Last edited by TeddyBallgame; 09-17-2012, 6:20 PM.
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  • #2
    Chaos47
    Calguns Addict
    • Apr 2010
    • 6615

    A: No, you owned them before the ban. You legally own and can use them.
    More info about Magazines: http://www.calguns.net/calgunforum/s...d.php?t=387409

    B: OPLAW Form. Send in your 19 bucks per pistol and consider it done http://oag.ca.gov/sites/all/files/pd...rms/oplaw.pdf?

    C: No, you do not need any paperwork for it.

    D: They do not care they just want your money. Owning the gun has little to do with owning the magazines and having them grandfathered.

    E: Registration of pistols started in 1991 (I think). There is a chance it is not registered at all (Not an issue). Yes you should technically register it (for one reason if it ever gets stolen this will help it get back to you)
    Last edited by Chaos47; 09-17-2012, 6:37 PM.

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    • #3
      dieselpower
      Banned
      • Jan 2009
      • 11471

      also remember two things...
      1) You are allowed to own the 13 round magazines even without owning the firearm. Its a completely different set of laws (firearms and large capacity magazines)

      2) The most that can happen to you is a Police Officer views the magazines as a public nuisance and takes them away from you. No charges can be filed since ownership of them is not illegal. Illegal acts are;
      importation AFTER 1/1/2000 or
      manufacturing after 1/1/2000 or
      selling after 1/1/2000....

      FYI...
      Now if you told a Police officer you bought them in 2001 while in Arizona... he would arrest you for violating the law. Then after a few months of BS the DA would TRY TO force you to plead "no contest" rather then spend $20,000 on a defense team with a 50/50 chance of getting off all charges dropped SINCE THERE IS A 3 YEAR STATUE OF LIMITATIONS ON THE MAGAZINE LAW....

      Even if under 3 years, the chance of a conviction is very low even with a confession to LEO at the time of arrest...which is why the police will just take them away and tell you to go away...

      Comment

      • #4
        Chaos47
        Calguns Addict
        • Apr 2010
        • 6615

        OP owned the magazines way prior to 2000. He's good.

        Comment

        • #5
          TeddyBallgame
          Calguns Addict
          • Sep 2012
          • 5732

          thank you

          I read this link http://wiki.calgunsfoundation.org/in...e_restrictions and it pretty much filled in all the blanks

          I do have two question now since reading it.

          If my magazine breaks, it looks like i can buy rebuild kits for it, but, since I already own a 13 round mag, why can't I just simply be allowed to buy another one? Kind of senseless to have to go through the hoops of rebuilding, dont you think? I understand the laws of selling, buying etc. but if you already legally possess, why all the red tape?

          Also, as diesel stated, why would it be considered a nuisance to have a magazine purchased after 2001, but more than 3 years ago, versus, having one bought before 2000? What makes it suddenly a nuisance? Is that just a tactic by LE to take them away? Other than my admitting it, I read there is no way to establish how old a magazine may be, right?
          sigpic

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          • #6
            Chaos47
            Calguns Addict
            • Apr 2010
            • 6615

            Originally posted by TeddyBallgame
            thank you

            I read this link http://wiki.calgunsfoundation.org/in...e_restrictions and it pretty much filled in all the blanks

            I do have two question now since reading it.

            If my magazine breaks, it looks like i can buy rebuild kits for it, but, since I already own a 13 round mag, why can't I just simply be allowed to buy another one? Kind of senseless to have to go through the hoops of rebuilding, dont you think? I understand the laws of selling, buying etc. but if you already legally possess, why all the red tape?

            Also, as diesel stated, why would it be considered a nuisance to have a magazine purchased after 2001, but more than 3 years ago, versus, having one bought before 2000? What makes it suddenly a nuisance? Is that just a tactic by LE to take them away? Other than my admitting it, I read there is no way to establish how old a magazine may be, right?
            Because that is how the law is written. It is illegal to import or sell "large-capacity magazines" now so to legally rebuild your magazine you have to do it with a parts kit. Rebuilding magazines are supported under this DOJ letter.


            The nuisance part comes from a separate section of law different then the AWB and Magazine Restrictions.

            It is always the prosecutions burden of proof, so it is always advisable to keep silent.
            Last edited by Chaos47; 09-17-2012, 7:31 PM.

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