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  • 1 SIG fan
    Senior Member
    • Nov 2009
    • 2482

    traveling with Hi-caps?

    Yes, I read the Wiki...

    Can I take (driving) my preban hi-cap pistol mags to AZ, then bring them back with me? Since I owned them, is that still considered importing?

    Should I dissasemble on the way back?

    Thanks!
  • #2
    BKinzey
    OT Banned
    CGN Contributor
    • May 2009
    • 4390

    Take them out and bring them back assembled.
    Rogue American, Media Mercenary.
    "A firearm is just a tool. Any tool can be used as a weapon, but the most powerful weapons were written."

    Comment

    • #3
      Glock22Fan
      Calguns Addict
      • May 2006
      • 5752

      You will have no problems whatsoever.

      However, if you (or in my case, your spouse) is paranoid, before you go photograph yourself holding them in front of some local Californian landmark.
      John -- bitter gun owner.

      All opinions expressed here are my own unless I say otherwise.
      I am not a lawyer and this is not legal advice.

      sigpic

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        Originally posted by 1 SIG fan
        Yes, I read the Wiki...

        Can I take (driving) my preban hi-cap pistol mags to AZ, then bring them back with me? Since I owned them, is that still considered importing?

        Should I dissasemble on the way back?

        Thanks!
        You will be fine.
        See PC 12020(b)(23).


        Penal Code 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.
        (b) Subdivision (a) does not apply to any of the following:
        (23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state.
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

        Comment

        • #5
          Scratch705
          I need a LIFE!!
          • May 2009
          • 12520

          Originally posted by Glock22Fan
          You will have no problems whatsoever.

          However, if you (or in my case, your spouse) is paranoid, before you go photograph yourself holding them in front of some local Californian landmark.
          easier to just photograph himself with the mags, and a newspaper with the date clearly seen. that way the cops can't argue that the picture in front of landmark could have been from anytime.
          Originally posted by leelaw
          Because -ohmigosh- they can add their opinions, too?
          Originally posted by SoCalSig1911
          Preppers canceled my order this afternoon because I called them a disgrace... Not ordering from those clowns again.
          Originally posted by PrepperGunShop
          Truthfully, we cancelled your order because of your lack of civility and your threats ... What is a problem is when you threaten my customer service team and make demands instead of being civil. Plain and simple just don't be an a**hole (where you told us to shove it).

          Comment

          • #6
            Silverlake223
            Senior Member
            • Dec 2009
            • 795

            Very good question, as my Dad lives in AZ and I was wondering the same thing. So then the burden of proof would be for the State to prove that you did not own them prior to 2000? (previously lawfully possessed in the state) Yet, since mags never have any date stamp or are registered, they can still jam you up with a high cap implying that you just bought them in AZ? In other words, what proof do you have that you had them prior to 2000?
            Quod sumus hoc eritis

            Comment

            • #7
              Thrasher416
              Member
              • Nov 2008
              • 185

              Plus since rebuild kits are legal, a pre-ban mag can be totally reassembled with post-ban parts.

              Since the burden is on the state you don't have to show any proof that you owned them prior to 2000. Its a totally "Feel-good" unenforceable law that really only prevents assembled post-ban magazines from being sold openly. Although I'm sure the vast majority of Calgunners and other law-abiding gun owners obey it.

              Thats not to say that an unenformed police officer won't give you trouble or confiscate it though.
              Originally posted by Twinkies
              I threw my Ak into a molten pool of liquid hot magma, took it out, hand loaded several rounds of brake lathe shavings with C4 primers and it cycled 100%.

              Comment

              • #8
                SarcoBlaster
                Senior Member
                • Jun 2006
                • 1775

                Originally posted by Thrasher416
                Thats not to say that an unenformed police officer won't give you trouble or confiscate it though.
                The Calguns Foundation would have a field day with that scenario.
                My buyer/seller feedback.

                Comment

                • #9
                  bwiese
                  I need a LIFE!!
                  • Oct 2005
                  • 27621

                  Originally posted by 1 SIG fan
                  Yes, I read the Wiki...

                  Can I take (driving) my preban hi-cap pistol mags to AZ, then bring them back with me? Since I owned them, is that still considered importing?

                  Should I dissasemble on the way back?
                  No. Travel without worry. I do it all the time - by air and by car.

                  They're yours and they're legal.

                  There's as specific exemption in the law for travelling back to CA with hicaps you already owned within CA before 2000, and repair status with various parts is generally immaterial.

                  If for some reason questioned, you can safely say,
                  "The Calif Penal Code allows continued ownership and use of
                  large-capacity ammunition feeding devices owned in CA before
                  January 1 2000. Those possessing these devices are specifically
                  allowed to travel out of California with them and then reenter
                  again with their personal property."

                  If you have an incident with hicap mag you legally own, we know how to handle this and you're "covered" by CGF. We've dealt with this before, 'reeducated' a cop, and recovered dude's magazines.
                  Last edited by bwiese; 06-30-2010, 10:20 PM.

                  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

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