New regs are out (Large-Capacity Magazine rules)

[ifilef]

To clarify... come July 2017 what is the punishment if you're caught using a 10+ mag in your featureless or pistol?

Is this an infraction? Risk confiscation and a ticket?
Or Misdemeanor? And what does that mean going forward for that individual?

Can be charged as an infraction or a misdemeanor.

Text:

"PC 32310.

(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, any person in this state who 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 is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

(b) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine.

(c) 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 July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

(d) Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017 shall, prior to July 1, 2017:
(1) Remove the large-capacity magazine from the state;
(2) Sell the large-capacity magazine to a licensed firearms dealer; or
(3) Surrender the large-capacity magazine to a law enforcement agency for destruction."

(Amended November 8, 2016, by initiative Proposition 63, Sec. 6.1.)

[CessnaDriver]

(c) 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 July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

(d) Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017 shall, prior to July 1, 2017:
(1) Remove the large-capacity magazine from the state;
(2) Sell the large-capacity magazine to a licensed firearms dealer; or
(3) Surrender the large-capacity magazine to a law enforcement agency for destruction."

(Amended November 8, 2016, by initiative Proposition 63, Sec. 6.1.)

How bizarre, how can they justify TWO significantly different punishments for breaking the same law???? Who the hell gets to decide that?
Is this common with other laws?
And I assume if charged with a misdemeanor you will may be told you can't have any firearms for some time period.

[Jeffersonian]

How bizarre, how can they justify TWO significantly different punishments for breaking the same law???? Who the hell gets to decide that?
Is this common with other laws?
And I assume if charged with a misdemeanor you will may be told you can't have any firearms for some time period.

Yes. PC 30605 for possessing an "assault weapon" can be charged as a misdemeanor or a felony. So you could get a misdo and one day picking up garbage or a felony and 3 years in the state pen.

[CessnaDriver]

Yes. PC 30605 for possessing an "assault weapon" can be charged as a misdemeanor or a felony. So you could get a misdo and one day picking up garbage or a felony and 3 years in the state pen.

So do other non-firearm/weapon laws have similar? Or do just firearms get this special dual punishment love?

[tonyxcom]

I think as a stand alone crime you are likely looking at a misdemeanor, but a felony when attached to a bank robbery or drug possession for example.

[ifilef]

So do other non-firearm/weapon laws have similar? Or do just firearms get this special dual punishment love?

So-called 'wobblers' abound in the criminal laws. It boils down to prosecutorial discretion, and is often used for plea-bargaining purposes.

[NationsMostWanted]

You read them as conjunctive? Meaning that you need to rivet and epoxy? The beginning of the reg refers to "both of the following methods" which implies two methods.

I read it as both as well

[Top Cat]

If a rivet and epoxy is now defined as permanent and will effectively be an immunization against prosecution, why not cover the rivet in epoxy and comply with the letter of the law to your advantage?

[tonyxcom]

Because it does not say to cover the rivet in epoxy.

It says to epoxy it shut.
or
Rivet it shut.

After installing a mag block.

[inferno999]

New regs are out (Large-Capacity Magazine rules)

Because it does not say to cover the rivet in epoxy.

It says to epoxy it shut.
or
Rivet it shut.

After installing a mag block.

^^ this is correct.

It offers two *methods* (literally says both methods), not to be confused with two *steps* in a single method.

Couldn't be more clear.

[heyjerr]

Couldn't be more clear.

Yes, it could be much, much clearer....hence the majority of the confusion in this thread (mine included).

[JeffC]

Way to make this complicated

Make your large cap mag a 10 round mag by any reasonable means you wish....
If you are concerned, sell it to you wife for a kiss, then buy it back with another. Then you can say you purchased this mag as a 10 round mag. While in your possession this mag was always 10 round mag and the law is irrelevant.

[inferno999]

New regs are out (Large-Capacity Magazine rules)

Yes, it could be much, much clearer....hence the majority of the confusion in this thread (mine included).

I love how hard CalGunners try to make these things. The same people that ruined Sig Braces, no doubt. Remember what happened with the Sig Brace? More and more people kept wanting their own peace of mind letters saying they're okay, until eventually the Feds had to revoke all previous letters and flat out ban shoulder fire.

In other words, let it be. Yes, it's vague, but it's also clear ENOUGH - you will never get 100% resolution on this unless someone is busted and it goes to court

Epoxy
OR
Rivet
OR
Other undisclosed method

"Permanent" is still not defined. They just offered a couple methods they approve of.


Sent from my iPhone using Tapatalk

[Pardini]

Because it does not say to cover the rivet in epoxy.

It says to epoxy it shut.
or
Rivet it shut.

After installing a mag block.

[tonyxcom]

It's funny. We've been grumbling for years because the DOJ never defined what they consider a permanent modification.

They finally have.

And now we are talking about how not only to do less than what is required, but now more!