New Magazines For an old Hi-Power.

[Barkoff]

Living in CA, if you were given a hi-power back in the very early 80's with a 13 shot mag, but never registered it, can you now send your $19 to the DOJ and be legal with the 13 rnd mag?

If so, can you buy a new 13 rnd mag for the same pistol?

Thanks

[AndrewMendez]

Hypothetically speaking...If you did not register your AW you have an Unregistered AW, which is illegal. However, a correctional officer was just acquitted of AW charges, which does not make it any less serious. No you can not buy new Hi Caps, and possession of them is not illegal.



ETA...Hi Power as in Browning Pistol? Or Hi Power as in large caliber Centerfire Rifle?

[edwardm]

All references to Hi-Power and 13 round magazine that I know of mean Browning Hi-Power pistol in 9mm Parabellum and the 13 round factory magazines.

First off, if you possessed the 13 rounders in CA pre-1/1/2000, no problem. There is no need or requirement to register a magazine of capacity > 10 rounds in that case.

As for the transfer of the pistol, 1/1/1991 (if memory serves) is when PPT sales had to start going through an FFL. You said "80's", so if it was a legitimate sale or gift, it should not be a problem. Again, in that case, NO need to file a voluntary registration or to have gone through an FFL. You CAN file a volreg, but you don't have to.

Anyway, I've been drinking for the past 2 or 3 hours, I'm a lawyer, but NOT your lawyer, and if you're still concerned, call one on Monday.

[Barkoff]

Thanks for the replies. Sorry, yes a 9mm handgun, given to me by my father years ago, most likely never been registered. Only reason I consider registering it now, is that I was told that this would be a requirement if used as a CCW. I think I'll just wait and see what pans out over the next few years.

[Barkoff]

Anyway, I've been drinking for the past 2 or 3 hours, I'm a lawyer, but NOT your lawyer, and if you're still concerned, call one on Monday.

Oh alright, how much do I owe you?

[meaty-btz]

You do not need to register a pistol transfered prior to 1/1/1991, unless you want too.
Status: Legal
High Cap Magazines Possessed Prior to 1/1/2000 (iirc, 1999 was passed took effect in 2000): Possession: Legal Rebuild: Legal Purchase New: Illegal Import New: Illegal.

nice and simple. That being the case, there can be consequences to not having it registered: No proof of ownership may make it difficult to impossible to recover if the Jackbooted Enforcers of our current Ruling Bosses with Bages wanna take it from you.

[edwardm]

Oh alright, how much do I owe you?

ELEVEN!

[an actual gun]

If your dad gave it to you recently, I'm pretty sure you'll need to fill out an intrafamilial transfer form and pay the (I believe) 15 dollars.

On the magazine(s), you can possess hi-capacity mags if you had them pre-ban but you cannot purchase new hi-cap magazines. If you possessed the magazines pre-ban and they are broken I believe you can buy a disassembled hi-cap mag as parts and refit your old magazines with the new parts. Now I don't want to commit the spreading of misinformation or FUD here, but if your dad recently gave you hi-capacity magazines that he possessed pre-ban, then he may have committed a crime because I don't believe a person can sell or transfer a high capacity magazine to a person post-ban (with a few exemptions, notably, I believe, law enforcement.) Please do not take my word for the law, it's just an assumption based on my limited knowledge. I'm not a lawyer, and I hope someone with more knowledge can chime in.

Either way I believe the gun is good to go, simple paperwork and chump change at most. If he gave you this gun and magazine before the bans, you should be completely in the clear.

Sorry to have raised any red flags and I hope I'm not spreading misinformation. If I'm wrong someone can hopefully politely correct me. Just trying to be of help.

[Barkoff]

If your dad gave it to you recently, I'm pretty sure you'll need to fill out an intrafamilial transfer form and pay the (I believe) 15 dollars.

On the magazine(s), you can possess hi-capacity mags if you had them pre-ban but you cannot purchase new hi-cap magazines. If you possessed the magazines pre-ban and they are broken I believe you can buy a disassembled hi-cap mag as parts and refit your old magazines with the new parts. Now I don't want to commit the spreading of misinformation or FUD here, but if your dad recently gave you hi-capacity magazines that he possessed pre-ban, then he may have committed a crime because I don't believe a person can sell or transfer a high capacity magazine to a person post-ban (with a few exemptions, notably, I believe, law enforcement.) Please do not take my word for the law, it's just an assumption based on my limited knowledge. I'm not a lawyer, and I hope someone with more knowledge can chime in.

Either way I believe the gun is good to go, simple paperwork and chump change at most. If he gave you this gun and magazine before the bans, you should be completely in the clear.

Sorry to have raised any red flags and I hope I'm not spreading misinformation. If I'm wrong someone can hopefully politely correct me. Just trying to be of help.

Thanks, but..

if you were given a hi-power back in the very early 80's with a 13 shot mag, but never registered it,