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Legal question concerning rebuild kits.

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  • TurboFall
    Member
    • Aug 2007
    • 319

    Legal question concerning rebuild kits.

    Hypothetically, is it perfectly legal to purchase high capacity rebuild kits out of state, import them as rebuild kits into CA, and build your own 10/30's in CA, even if you do not own any pre-ban high cap magazines? Can anyone point me towards a legal authority that can verify this as well? Thanks in advance.
  • #2
    kf6tac
    Senior Member
    • Aug 2009
    • 1779

    I think there's a letter floating around out there from the CA DOJ that stated that this was okay. I'm sure someone who has the link to it will link it shortly. Sorry that I don't have it.


    Statements I make on this forum should not be construed as giving legal advice or forming an attorney-client relationship.

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    • #3
      wildhawker
      I need a LIFE!!
      • Nov 2008
      • 14150

      It's linked at the CGF Wiki.
      Brandon Combs

      I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

      My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

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      • #4
        lorax3
        Super Moderator
        CGN Contributor - Lifetime
        • Jan 2009
        • 4633

        This is the letter you are referring to and it is indeed linked to on the respective CGF Wiki Page (Somewhere to check in the future)
        You think you know, but you have no idea.

        The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

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        • #5
          Stargazer
          Junior Member
          • Jan 2006
          • 41

          I just read the letter, and it seems to me the basic scenario the questions are about is "repairing a legally obtained hi cap magazine." Nowhere does the letter talk about making a 10 round mag out of hi cap mag parts. Did I read it wrong?

          Comment

          • #6
            Mac Attack
            Senior Member
            • Apr 2008
            • 2126

            I have often wondered about this myself. How could the prove that you did not own then prior to the ban? I can see if the mags were dated or from a manufacturer who was not making them before the ban, but what if a person purchased undated, older mag rebuilds?

            Comment

            • #7
              cdtx2001
              CGN Contributor
              • Apr 2009
              • 6630

              Originally posted by Stargazer
              I just read the letter, and it seems to me the basic scenario the questions are about is "repairing a legally obtained hi cap magazine." Nowhere does the letter talk about making a 10 round mag out of hi cap mag parts. Did I read it wrong?
              You are not about to manufacture a hi-cap mag, so of course the letter is not going to address it.

              AFAIK, there is no law that says you can or can't take a pre or post ban mag and make a 10/30 or 10/20 out of it. Just do it, but make sure your modifications are permanent and that you can only fit 10 rnds and no more in.

              But seriously, why would you want to ruin a perfectly good 20 or 30 rnd mag anyways? Sure your rifle will look more evil when you put it in, but it also makes for more questions from LEOs and DAs. If you want a 10 round mag, go buy one and put that on and save your 20s and 30s for when you go to NV, OR, or AZ.
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              • #8
                kf6tac
                Senior Member
                • Aug 2009
                • 1779

                Originally posted by Stargazer
                I just read the letter, and it seems to me the basic scenario the questions are about is "repairing a legally obtained hi cap magazine." Nowhere does the letter talk about making a 10 round mag out of hi cap mag parts. Did I read it wrong?
                No, chalk that one up to my faulty memory - I remembered there was a question in the letter about 10 round mags and hi-cap repair parts, but it turns out it was Question 8, which is the reversed situation -- using 10 round parts to repair a legally obtained hi-cap mag.

                Really though, I doubt there'll be much official authority out there saying that it's okay to use legal-to-own parts to build a legal-to-manufacture item.


                Statements I make on this forum should not be construed as giving legal advice or forming an attorney-client relationship.

                Comment

                • #9
                  OleCuss
                  Calguns Addict
                  • Jun 2009
                  • 7792

                  OK, I think I'm going to sort it out as follows:

                  If I have 10 of the 30 round magazines and they find that all the magazines are old and worn and I've got repair kits for 5 - a prosecutor is probably going to forget about trying to make a case.

                  If I have one AR-15 and 2 of the 30 round magazines but I've got all the parts needed to make 50 of the 30 round magazines - the AG thinks the prosecutor might try to haul you into court.

                  So if I'm not stupid about ordering ridiculous numbers of parts for magazines which already look brand-new - prosecutors are likely to think hauling me into court is a waste of their time?

                  FWIW.
                  CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that).

                  Comment

                  • #10
                    cmth
                    Senior Member
                    • Mar 2009
                    • 519

                    There is no constructive possession for full-capacity magazines in California. Unless the parts are assembled by you into a fully functioning, full-capacity magazine, there is no violation of the law.
                    Libertas aut Mors

                    Comment

                    • #11
                      Sniper3142
                      Veteran Member
                      • May 2004
                      • 2579

                      Originally posted by cmth
                      There is no constructive possession for full-capacity magazines in California. Unless the parts are assembled by you into a fully functioning, full-capacity magazine, there is no violation of the law.
                      Exactly.

                      Parts are Parts. There is NO LIMIT on how many repair/rebuild kits you have.

                      Period.
                      Internet Talk is Cheap

                      Man Up, Show Up, or Shut the @#$! Up.

                      https://www.youtube.com/watch?v=C74HgbjSCLM

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