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Legally, is a magazine *only* the sum of the parts?

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  • Merle
    Member
    • Jul 2009
    • 372

    Legally, is a magazine *only* the sum of the parts?

    Is a magazine the sum of it's parts or is it a distinct piece like the frame w/ the serial number?

    Basically, practicing shoot-n-scoot this weekend on the NV side of the Sierras and dropped kicked a magazine. Well, FDE does blend in pretty well with dirt up there and when I went back to retrieve it, it was tough to find (5 min of looking).

    Assuming it was lost and I still had the "original" floor plate prior to replacing it with a Magpul version, could I rebuild the entire magazine (30 round, preban) and remain legal?

    Glad Magpul dust covers are 3/$10, those I never find.
    Last edited by Merle; 08-10-2009, 2:53 PM. Reason: Typo
  • #2
    CHS
    Moderator Emeritus
    CGN Contributor - Lifetime
    • Jan 2008
    • 11338

    Originally posted by Merle
    Is a magazine the sum of it's parts or is it a distinct piece like the frame w/ the serial number?
    In California, both.

    It's a very confusing and annoying issue. Basically, to be considered a magazine by law it must be complete (The sum of all it's parts), but to legally rebuild/repair/replace a broken magazine, the DoJ has said that any one part that was legally owned prior to the ban is all you need. But later on you can even replace that one part.

    Clear as dirt, huh?
    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"

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    • #3
      Decoligny
      I need a LIFE!!
      • Mar 2008
      • 10615

      I think as long as you do not end up with 2 magazines in your posession, then you should be golden. It appears that you lost some of the original parts of your magazine, and now intent on repairing what is left of your original magazine.
      sigpic
      If you haven't seen it with your own eyes,
      or heard it with your own ears,
      don't make it up with your small mind,
      or spread it with your big mouth.

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      • #4
        CHS
        Moderator Emeritus
        CGN Contributor - Lifetime
        • Jan 2008
        • 11338

        Originally posted by Decoligny
        It appears that you lost some of the original parts of your magazine, and now intent on repairing what is left of your original magazine.
        This ^^^^ +1
        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"

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        • #5
          bohoki
          I need a LIFE!!
          • Jan 2006
          • 20758

          so what if you take your glock to nevada and you large capacity device falls in a big bin of them and then a person stirs them up

          what if you dont know which one is yours? will any identical one do?

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          • #6
            bodger
            Calguns Addict
            • May 2009
            • 6016

            This is one of the CA gun laws that I find most ludicrous.
            Any good gunnie can switch out 10 round mags, even with a BB, fast as crap through a goose.
            Control for control's sake.

            Comment

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

              Originally posted by bohoki
              so what if you take your glock to nevada and you large capacity device falls in a big bin of them and then a person stirs them up

              what if you dont know which one is yours? will any identical one do?
              There are specific exemptions in the large-cap mag ban for re-importing even for the purposes of repair/rebuild.

              So basically, your scenario would be 100% legal, even if the magazine ended up being a higher capacity. As long as you leave the state with X magazines and don't re-import X+1 magazines, then you're fine.

              Remember, X = X, always!!
              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
                bohoki
                I need a LIFE!!
                • Jan 2006
                • 20758

                better watch your step if you saying that its ok to leave california with one magazine and come back with a different one

                Comment

                • #9
                  CHS
                  Moderator Emeritus
                  CGN Contributor - Lifetime
                  • Jan 2008
                  • 11338

                  Originally posted by bohoki
                  better watch your step if you saying that its ok to leave california with one magazine and come back with a different one
                  Why? It's legal.
                  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

                  • #10
                    hoffmang
                    I need a LIFE!!
                    • Apr 2006
                    • 18448

                    Originally posted by bohoki
                    better watch your step if you saying that its ok to leave california with one magazine and come back with a different one
                    Leaving the state with a legally owned large capacity magazine and returning with the rebuilt legally owned large capacity magazine is legal at all steps.

                    -Gene
                    Gene Hoffman
                    Chairman, California Gun Rights Foundation

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