can i sell my magazines?

[smak28]

No.

That's an AB 48 artifact - please read the thread(s) in the 2A Litigation and Legal discussion forum.

That is what I thought when I saw a couple of listings that included rebuilds. For a sec I thought I was wrong. Thanks for confirming

[afteractionreport]

Thanks....

[Quiet]

What about standard capacity magazine parts shipped separately?

Still hoping someone will answer this question. Can't find anything concrete anywhere.

It is legal to buy and sell individual magazine parts.

However...
If magazine parts packaged together can be used to make a large capacity magazine, then it would be illegal to sell or offer to sell that package. [PC 32311(a)]

So...
Four magazine parts (magazine body, spring, follower, floor plate) = Four separate packages.


Penal Code 32311
(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2014, any person in this state who knowingly manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large capacity magazine conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310.
(b) For purposes of this section, a "large capacity magazine conversion kit" is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine.

[damndave]

Perfectly fine if they are 10rd or less. Parts kits are a thing of the past.

[BumBum]

It is legal to buy and sell individual magazine parts.

However...
If magazine parts packaged together can be used to make a large capacity magazine, then it would be illegal to sell or offer to sell that package. [PC 32311(a)]

So...
Four magazine parts (magazine body, spring, follower, floor plate) = Four separate packages.


Penal Code 32311
(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2014, any person in this state who knowingly manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large capacity magazine conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310.
(b) For purposes of this section, a "large capacity magazine conversion kit" is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine.

I say still be careful here. The confusion surrounding AB 48 is in the use of the word "device", which implies one part. Ultimately, we won't know unless the statute is amended or someone tests it in court.

[MEDIC!]

It is legal to buy and sell individual magazine parts.

However...
If magazine parts packaged together can be used to make a large capacity magazine, then it would be illegal to sell or offer to sell that package. [PC 32311(a)]

So...
Four magazine parts (magazine body, spring, follower, floor plate) = Four separate packages.


Penal Code 32311
(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2014, any person in this state who knowingly manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large capacity magazine conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310.
(b) For purposes of this section, a "large capacity magazine conversion kit" is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine.

Thank you for your response.

[pterrell]

I say still be careful here. The confusion surrounding AB 48 is in the use of the word "device", which implies one part. Ultimately, we won't know unless the statute is amended or someone tests it in court.

This. It's an unclear gray area that could be argued either by definitions of words or the intent of the law. By definition, a device is an assembled unit that performs a function, either by itself or with a group of other devices. The intent, however, is that all parts that COULD be used to make magazines with a capacity of greater than 10 rounds are banned. Where a judge decides to settle between the two of those points has yet to be seen.

[HighLander51]

Quiet, what about trading large capacity magazines? Say a couple of old guys decide to swap G17 sticks for G22 sticks?

[Quiet]

Quiet, what about trading large capacity magazines? Say a couple of old guys decide to swap G17 sticks for G22 sticks?

Letter of the law says, not legal.

[HatersLOVEme : )]

So basically the only option you have to sell any large capacity magazines is to covert them to 10 rounders correct? What about selling / listing them for sale out of state or to exempt persons like a LEO or is that still considered illegally offering or exposing them for sale????

[Quiet]

So basically the only option you have to sell any large capacity magazines is to covert them to 10 rounders correct?

Correct.

What about selling / listing them for sale out of state or to exempt persons like a LEO or is that still considered illegally offering or exposing them for sale????

If you are in CA and you list them for sale, then it be illegal.
If you move them out-of-state and list them for sale while you are out-of-state, then it be legal.