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hypothetical magazine capacity question

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  • hemiguy55
    STUD MUFFIN
    CGN Contributor - Lifetime
    • Nov 2011
    • 825

    hypothetical magazine capacity question

    Let's say you go into your local gun store and buy a handgun. U do all the paperwork and everything and start your ten days. You come in after your waiting period and pick up your gun. U get home and start checking out all your new goodies. You then realize you got a magazine that holds more than 10 rounds. And the magazine is clearly marked to hold more than 10. Could the buyer get in trouble? Could the dealer get in trouble?
    Originally posted by starsnuffer
    Taking legal advice from a gun store owner or employee is like taking dietary advice at the McDonald's drive through. Just don't.

    -W
  • #2
    09rubicon
    Senior Member
    • Mar 2011
    • 2133

    Have the magazines been blocked so they hold no more than 10 rounds in a permanent fashion? If so then there are no issues, if not then you need to talk to someone who can quote the penal code.

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    • #3
      Duranimal
      Senior Member
      • Jun 2011
      • 1062

      Penal code states you may not sell give lend manufacture import or cause to be any of the afformentioned activites. You did none of those and if they have the permit to sell standard cap magazines, which doesnt specifically state who one may sell to then they didnt necessarily break the law either.
      "I'd much rather go to my grave never needing my gun, than go there wishing I had it"

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      • #4
        Wicked Pete
        Calguns Addict
        • May 2010
        • 5182

        I read a story about a guy that purchased, got it home; NO MAGS. Headache #10.

        Comment

        • #5
          BKinzey
          OT Banned
          CGN Contributor
          • May 2009
          • 4390

          Could there be trouble? Yes. Will there be trouble? Who knows.

          Things to hypothetically consider.

          Contact the seller and ask to swap out the mags.

          Contact the manufacturer directly and ask to swap out the mags.

          Take apart the mags and keep them, obtain new 10 rounders for use in CA.

          ETA:

          The buyer acted in good faith and shouldn't get into trouble, but going through the process could be troublesome.
          Last edited by BKinzey; 11-16-2013, 7:11 PM.
          Rogue American, Media Mercenary.
          "A firearm is just a tool. Any tool can be used as a weapon, but the most powerful weapons were written."

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44652

            Kindly read the Magazine Qs link, below in my signature.

            'Hypotheticals' about magazines never lead anyplace good.
            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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