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  • bakokid
    Member
    • Nov 2009
    • 164

    hi cap mags consequences

    i was wondering what if any consequences are there for a company thats out of state for sending hi cap mags into cali.
    jw
  • #2
    Dr Rockso
    Veteran Member
    • Jan 2008
    • 3701

    Nothing wrong with sending magazine parts. Sending assembled magazines to non-exempt persons is illegal and the DOJ could go after the sender even if they are out of state.

    Comment

    • #3
      C.G.
      Calguns Addict
      • Oct 2005
      • 8185

      I am not sure, but if you send them as rebuilt kits, in another words, in magazine parts rather than assembled magazine, then no consequences.
      sigpic

      Comment

      • #4
        Full Clip
        I need a LIFE!!
        • Dec 2006
        • 10260

        Parts is parts, magazines is magazines.
        Nothing wrong with sending parts.

        Comment

        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44633

          Originally posted by bakokid
          i was wondering what if any consequences are there for a company thats out of state for sending hi cap mags into cali.
          jw
          Indeed, parts is parts - but importing a complete large-capacity mag may be a misdemeanor or a felony (it's called a 'wobbler', and one can't necessarily predict how it would be prosecuted.)
          12020. (a) Any person in this state who does any of the following
          is punishable by imprisonment in a county jail not exceeding one year
          or in the state prison:

          (2) Commencing January 1, 2000, manufactures or causes to be
          manufactured, imports into the state, keeps for sale, or offers or
          exposes for sale, or who gives, or lends, any large-capacity
          magazine.
          DOJ can attempt to prosecute out of state vendors.
          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          Frozen in 2015, it is falling out of date and I can no longer edit the content.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!

          Comment

          • #6
            jello2594
            Member
            • Mar 2009
            • 384

            What if someone goes to Las Vegas, purchases high-capacity magazines, disassembles them, and brings them as parts back to CA, and only uses parts to repair existing magazines?

            That should be ok, I think.
            [SIGPIC

            Comment

            • #7
              Seesm
              Calguns Addict
              • Nov 2008
              • 7812

              Jello that would be legal...

              Comment

              • #8
                B Strong
                CGN/CGSSA Contributor
                CGN Contributor
                • Feb 2009
                • 6367

                Originally posted by jello2594
                What if someone goes to Las Vegas, purchases high-capacity magazines, disassembles them, and brings them as parts back to CA, and only uses parts to repair existing magazines?

                That should be ok, I think.
                It's legal to acquire repair parts for your high-caps, it's legal to have those parts shipped to you, and it's legal to bring those parts in yourself.
                The way some gunshop clerks spout off, you'd think that they invented gunpowder and the repeating rifle, and sat on the Supreme Court as well.
                ___________________________________________
                "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it."
                - Jeff Cooper

                Check my current auctions on Gunbroker - user name bigbasscat - see what left California before Roberti-Roos

                Comment

                • #9
                  Quser.619
                  Senior Member
                  • Aug 2009
                  • 777

                  Can't wait until this ridiculousness is gone for good from this state. Of course the moment we get it overturned, the Federal Govt will probably make it nationwide
                  sigpic

                  Comment

                  • #10
                    bwiese
                    I need a LIFE!!
                    • Oct 2005
                    • 27621

                    Originally posted by Librarian
                    Indeed, parts is parts - but importing a complete large-capacity mag may be a misdemeanor or a felony (it's called a 'wobbler', and one can't necessarily predict how it would be prosecuted.)
                    DOJ can attempt to prosecute out of state vendors.
                    Yes, or they can order cease & desist and threaten suit, which they would likely win.

                    You can't hang outside in one state and inject illegal products to illegal customers in the other state. California and New Jersey have "long arm" laws that allows criminal & civil remedies against nonresidents if they've had sufficient contact/nexus with California and have reasonable knowledge of illegality.

                    Bill Wiese
                    San Jose, CA

                    CGF Board Member / NRA Benefactor Life Member / CRPA life member
                    sigpic
                    No postings of mine here, unless otherwise specifically noted, are
                    to be construed as formal or informal positions of the Calguns.Net
                    ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                    employer. No posts of mine on Calguns are to be construed as
                    legal advice, which can only be given by a lawyer.

                    Comment

                    • #11
                      Hunter4life1990
                      Member
                      • Feb 2009
                      • 328

                      what about how some companies send completed magazines to cali residents on accident,ie ordered a parts kit but they sent a full mag by mistake or sumthin.what does the recipient do with the completed mag? make a ten rounder or can we legally just keep them because we did nothing illegal?
                      "Liberals hate America, they hate "flag-wavers," they hate abortion opponents, they hate all religions except Islam (post 9/11). Even Islamic terrorists don't hate America like liberals do. They don't have the energy. If they had that much energy, they'd have indoor plumbing by now."

                      "If gays can't change, why do liberals think child molesters can?"

                      Originally posted by AJAX22
                      Its the liberal fallacy.... "All men are equal, except for me, cause I know what is good for you better than you do."

                      Comment

                      • #12
                        bwiese
                        I need a LIFE!!
                        • Oct 2005
                        • 27621

                        Originally posted by Hunter4life1990
                        what about how some companies send completed magazines to cali residents on accident,ie ordered a parts kit but they sent a full mag by mistake or sumthin.what does the recipient do with the completed mag? make a ten rounder or can we legally just keep them because we did nothing illegal?
                        Grey area. Hope you have proof that you did NOT order a hicap magazine.

                        I myself would not verbally order disassembled hicap mag parts; I'd fax or mail a written request for the parts. That way, even if confusion or investigation occurs, there's a clear request from you for legal disassembled product.

                        Most mag sellers of even moderate intelligence will not ship hicaps to California except to those with hicap mag permits. If you found a misshiped one, disassemble it and immediately return it to vendor with a letter of protest.

                        I have heard of one stupid idiot selling parts to Californians on Calguns but shipping hicaps instead - I really wonder about this guy being dumb or an entrapper. I believe he has been banned now.

                        The usual accidental route is the single mag accompanyiing an AK or FAL non-gun "parts kit" - where the $5/hr monkey pulling them from the shelf forgets that the mags need to be removed/disassembled before shipping to CA.

                        Bill Wiese
                        San Jose, CA

                        CGF Board Member / NRA Benefactor Life Member / CRPA life member
                        sigpic
                        No postings of mine here, unless otherwise specifically noted, are
                        to be construed as formal or informal positions of the Calguns.Net
                        ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                        employer. No posts of mine on Calguns are to be construed as
                        legal advice, which can only be given by a lawyer.

                        Comment

                        • #13
                          Decoligny
                          I need a LIFE!!
                          • Mar 2008
                          • 10615

                          Originally posted by Hunter4life1990
                          what about how some companies send completed magazines to cali residents on accident,ie ordered a parts kit but they sent a full mag by mistake or sumthin.what does the recipient do with the completed mag? make a ten rounder or can we legally just keep them because we did nothing illegal?
                          I would immediately disassemble the magazine into the parts kit that you originally ordered. If the cops didn't show up with the FedEx guy to arrest you upon reciept, then they probably aren't investigating a crime. If you have the original order printed out from the website, and you disassemble immediately, you are doing your best to comply with the spirit of the law, because you did not attempt to import a hi-cap 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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                          • #14
                            jamesob
                            Veteran Member
                            • Jan 2008
                            • 4821

                            Originally posted by Librarian
                            Indeed, parts is parts - but importing a complete large-capacity mag may be a misdemeanor or a felony (it's called a 'wobbler', and one can't necessarily predict how it would be prosecuted.)
                            DOJ can attempt to prosecute out of state vendors.
                            the problem i see is with the very first part " any person within the state "

                            Comment

                            • #15
                              The Director
                              Veteran Member
                              • Sep 2008
                              • 2769

                              Originally posted by Decoligny
                              If the cops didn't show up with the FedEx guy to arrest you upon reciept, then they probably aren't investigating a crime.
                              Oh please. What a ridiculous scenario. We're trying to guide the guy in the legal way of doing things but making it sound like the swat team is going to show up because of a problem with a magazine order borders on total FUD.

                              Comment

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