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Saiga 12 and "high capacity" magazines

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  • Dantedamean
    Senior Member
    • Apr 2012
    • 2293

    Saiga 12 and "high capacity" magazines

    Ok so I did a few google searches, I found a few threads that touched on this subject but nothing really in depth.

    This isn't about the legality of possession/coming into possession of the mags, it's strictly about use with a saiga 12.

    Lets say I have a 20 round drum. Can I use that drum on my saiga 12? Are there restrictions such as no pistol grip and such?
  • #2
    morfeeis
    Calguns Addict
    • Apr 2010
    • 7605

    if you have a BB on it no you cant use the drum.
    ΜΟΛΩΝ ΛΑΒΕ
    Originally posted by Ayn Rand
    You seek escape from pain. We seek the achievement of happiness. You exist for the sake of avoiding punishment. We exist for the sake of earning rewards. Threats will not make us function; fear is not our incentive. It is not death we wish to avoid, but life that we wish to live.

    Comment

    • #3
      Simply115
      Senior Member
      • Aug 2012
      • 2265

      Since Saigas always need a BB no matter what, you can never use 20 rounds drums with it.


      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30242

        Originally posted by morfeeis
        if you have a BB on it no you cant use the drum.
        http://www.calguns.net/caawid/sgflowchart.pdf
        Yes, you can.

        Originally posted by Simply115
        Since Saigas always need a BB no matter what, you can never use 20 rounds drums with it.
        Part in bold is incorrect.


        Shotgun assault weapon laws are different than handgun assault weapon laws and rifle assault weapon laws.

        Under rifle assault weapon laws...
        Semi-auto centerfire rifles can not have a fixed magazine capacity of greater than 10 rounds. [PC 30515(a)(2)]

        Under handgun assault weapon laws...
        Semi-auto pistols can not have a fixed magazine capacity of greater than 10 rounds. [PC 30515(a)(5)]

        Under shotgun assault weapon laws...
        There is no fixed magazine capacity restriction for shotguns.
        Therefore, the only thing applies is the large capacity magazine laws.

        Large capacity magazine laws prohibits the importation/manufacture/sale of large capacity magazines to non-exempt persons after 12-31-1999.

        No large capacity Saiga-12 magazines existed before 2005.

        Therefore, an exempt person (such as a LEO) can legally obtain a large capacity Saiga-12 magazine and use it in a maglocked Saiga-12.


        Bottom line:
        If you legally own a large capacity Saiga-12 magazine, then you can legally use it on a maglocked Saiga-12 to create a fixed large capacity magazine semi-auto shotgun.



        Penal Code 30515
        (a) Notwithstanding Section 30510, "assault weapon" also means any of the following:
        (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
        (A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
        (B) A thumbhole stock.
        (C) A folding or telescoping stock.
        (D) A grenade launcher or flare launcher.
        (E) A flash suppressor.
        (F) A forward pistol grip.
        (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
        (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
        (4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
        (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
        (B) A second handgrip.
        (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer's hand, except a slide that encloses the barrel.
        (D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
        (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
        (6) A semiautomatic shotgun that has both of the following:
        (A) A folding or telescoping stock.
        (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
        (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
        (8) Any shotgun with a revolving cylinder.
        Last edited by Quiet; 09-29-2012, 8:23 PM.
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

        Comment

        • #5
          Dantedamean
          Senior Member
          • Apr 2012
          • 2293

          Originally posted by morfeeis
          if you have a BB on it no you cant use the drum.
          http://www.calguns.net/caawid/sgflowchart.pdf
          No where on the flow chart does it talk about high cap mags. I looked. The bullet button has nothing to do with the use of high cap mags. It's the features that require the bullet button. Also, as far as I know, that is with rifles not shot guns.

          Edit: thanks quiet. The exact info I was looking for.

          Comment

          • #6
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            Originally posted by Quiet

            No large capacity Saiga-12 magazines existed before 2005.

            Therefore, an exempt person (such as a LEO) can legally obtain a large capacity Saiga-12 magazine and use it in a maglocked Saiga-12.


            Bottom line:
            If you legally own a large capacity Saiga-12 magazine, then you can legally use it on a maglocked Saiga-12 to create a fixed large capacity magazine semi-auto shotgun.
            Jack



            Do you want an AOW or C&R SBS/SBR in CA?

            No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

            Comment

            • #7
              CHS
              Moderator Emeritus
              CGN Contributor - Lifetime
              • Jan 2008
              • 11338

              The magazine size restrictions for bullet-buttoned firearms ONLY apply to rifles and pistols.

              Since the legislature never thought there would be "high capacity" shotgun magazines (since shotgun rounds are so huge), they never bothered to put it in the Shotgun Assault Weapons regulations.
              Please read the Calguns Wiki
              Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
              --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

              Comment

              • #8
                Dantedamean
                Senior Member
                • Apr 2012
                • 2293

                Ok so I was talking to my friend about this today and he brought up a good question.

                This is kind of off topic, so tube magazines... My benelli can hold 7 2 3/4 inch shells. I did the math one day that's like 12-14 1 inch shells. I realize putting 1" shells in the tube would be illegal. But why? It's not really manufacturing because the magazine is already made.

                This may be a grey area, I don't know. If it is I sure don't want to be the test case. Does anyone know of any ATF letters that elaborate on this? Maybe a court ruling?

                Comment

                • #9
                  Quiet
                  retired Goon
                  • Mar 2007
                  • 30242

                  Originally posted by Dantedamean
                  Ok so I was talking to my friend about this today and he brought up a good question.

                  This is kind of off topic, so tube magazines... My benelli can hold 7 2 3/4 inch shells. I did the math one day that's like 12-14 1 inch shells. I realize putting 1" shells in the tube would be illegal. But why? It's not really manufacturing because the magazine is already made.

                  This may be a grey area, I don't know. If it is I sure don't want to be the test case. Does anyone know of any ATF letters that elaborate on this? Maybe a court ruling?
                  In determining ammo capacity of tubular magazines, CA DOJ BOF uses the same shell length that the shotgun manufacturer uses.

                  So, if your Benelli is marketed as holding seven 2.75" shells, then they will measure using 2.75" shells.

                  So, using shorter shells is not illegal.
                  sigpic

                  "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                  Comment

                  • #10
                    Dantedamean
                    Senior Member
                    • Apr 2012
                    • 2293

                    Originally posted by Quiet
                    In determining ammo capacity of tubular magazines, CA DOJ BOF uses the same shell length that the shotgun manufacturer uses.

                    So, if your Benelli is marketed as holding seven 2.75" shells, then they will measure using 2.75" shells.

                    So, using shorter shells is not illegal.
                    Interesting. I've read a thousand times on calguns that "if you put smaller rounds in your tube mag and it hold more than 10 it's illegal." I never saw anyone correct those people so I figured it was correct.

                    Comment

                    • #11
                      Quiet
                      retired Goon
                      • Mar 2007
                      • 30242

                      Originally posted by Dantedamean
                      Interesting. I've read a thousand times on calguns that "if you put smaller rounds in your tube mag and it hold more than 10 it's illegal." I never saw anyone correct those people so I figured it was correct.
                      Previous threads.


                      sigpic

                      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                      Comment

                      • #12
                        Dantedamean
                        Senior Member
                        • Apr 2012
                        • 2293

                        Awesome. Those are good links. Thanks for the info.

                        Comment

                        • #13
                          CHS
                          Moderator Emeritus
                          CGN Contributor - Lifetime
                          • Jan 2008
                          • 11338

                          Originally posted by Dantedamean
                          Interesting. I've read a thousand times on calguns that "if you put smaller rounds in your tube mag and it hold more than 10 it's illegal." I never saw anyone correct those people so I figured it was correct.
                          It is never illegal to put more of one cartridge than the magazine of another cartridge is designed to hold.

                          For example, many 10rd .40 magazines can hold and even feed more than 10 rounds of 9mm. If you have a 9mm firearm and purchase .40 magazines and do not modify them in any way and they feed and function in your 9mm with more than 10rds, that is perfectly legal.

                          This is a ten round magazine that also happens to hold and feed 30rd's of 5.56:
                          Please read the Calguns Wiki
                          Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
                          --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

                          Comment

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