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State web page discrepancy regarding laws

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  • winnre
    Calguns Addict
    • Apr 2010
    • 9214

    State web page discrepancy regarding laws

    Go here:

    Public Where do I find laws regarding the possession of firearms? I'm not sure whether I have a California record that would prevent me from owning/possessing a firearm. Is there a way to find out before I attempt to purchase one? What is the process for purchasing a firearm in California? How can I obtain a Carry Concealed Weapon (CCW) license? Can I give a firearm to my adult child? Can he/she give it back to me later? Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?


    And you will see this:

    If I have a large-capacity magazine, do I need to get rid of it?
    No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers.

    (PC Section 12020 (b)(19-29))


    So when did BUY go into effect? Does anyone else have a different version of (PC Section 12020 (b)(19-29)) ?


    I AM NOT BUYING ANY. It's just that the law is picky and I like to understand it, and when I see stuff like this on a ca.gov web page I scratch my head.
    Last edited by winnre; 01-20-2013, 10:30 PM.
    "If Jesus had a gun he would be alive today"-Homer Simpson
  • #2
    winnre
    Calguns Addict
    • Apr 2010
    • 9214

    Ooh they also say this about more than 1 in 30. Seems the law and this page need to sit down and talk.....


    I am a collector of firearms and I want to purchase a pair of consecutively-numbered pistols. Is there an exemption from the one-handgun-per-30-day restriction for curio & relic collectors?
    Yes, but it applies only to the acquisition of curio & relic firearms and you must have a valid federal Curio & Relic Collector's license and a valid Certificate of Eligibility.

    (PC section 27535)
    "If Jesus had a gun he would be alive today"-Homer Simpson

    Comment

    • #3
      Merc1138
      I need a LIFE!!
      • Feb 2009
      • 19742

      Yup, it's wrong. The CA DOJ AW identification guide is wrong also.

      Fortunately since we have access to the actual penal code, we can go by what the actual law states and not what some FUD monkey writing text for a website wants the law to be.

      Comment

      • #4
        RickD427
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Jan 2007
        • 9274

        Originally posted by winnre
        Go here:

        Public Where do I find laws regarding the possession of firearms? I'm not sure whether I have a California record that would prevent me from owning/possessing a firearm. Is there a way to find out before I attempt to purchase one? What is the process for purchasing a firearm in California? How can I obtain a Carry Concealed Weapon (CCW) license? Can I give a firearm to my adult child? Can he/she give it back to me later? Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?


        And you will see this:

        If I have a large-capacity magazine, do I need to get rid of it?
        No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers.

        (PC Section 12020 (b)(19-29))


        So when did BUY go into effect? Does anyone else have a different version of (PC Section 12020 (b)(19-29)) ?


        I AM NOT BUYING ANY. It's just that the law is picky and I like to understand it, and when I see stuff like this on a ca.gov web page I scratch my head.
        THERE IS NO DISCREPANCY IN THE LAW, OR ON THE DOJ WEBPAGE

        Penal Code Section 32310 (formerly 12020(b) prior to the Penal Code reorganization) makes it a felony to manufacture, import, keep for sale, give, or lend, a large capacity magazine. An astute reader will note that section 32310 says nothing about "buying" a large capacity magazine.

        Some folks conclude that since this one single section of the Penal Code is silent about "buying" a magazine, that it is legal to do so.

        The problem with this approach is that it ignores all other provisions of the Penal Code. We have to follow the whole code, not just one single section.

        It's Penal Code Section 31 that makes it illegal to buy the magazine. Section 31 defines the parties to a crime to include those who aid or abet. It is impossible for a person to sell a large capacity magazine without there being a buyer of that magazine.

        The author of the DOJ guide simply combined the provisions of sections 31 and 32310 when giving the list of prohibitions.
        If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

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