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STD Capacity magazines....AGAIN:)

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  • #31
    dieselpower
    Banned
    • Jan 2009
    • 11471

    Originally posted by Rattlehead
    You can have any magazine you want in California. Possession is completely legal no matter when the magazine or gun was made, how they came into your possession is a different question.
    This is the best answer. The "how" part is a legal issue best left to a Lawyer and NOT you to explain to the PROPER people (not an LEO). So STFU if asked any question by LEO.

    Originally posted by Cokebottle
    The law does not specify "purchase" or "receipt" as being illegal, however, the sale itself is an unlawful transaction.

    As Bill has pointed out, you cannot have "half a crime".
    At the very least, you could be charged with conspiracy.
    I am not sure why Bill would say such a thing? Its not half a crime to buy a magazine. Its a non-issue, its NOT a crime unless you are planning to do it to gain the magazine illegally. My friend was raped... what crime did she commit please? When kids are under age they use fake IDs to buy beer... what crime do you charge the clerk with? If I order a 10rd magazine from 44mag.com and they send me a 100 rd bata-C...guess what. I committed no crime and the 100rd magazine is LEGALLY mine. Same is true for a 10/20 that holds 11...or a 10rd magazine that after years of use now holds 11. The only issue would be if it was inside and locked into a fixed magazine firearm...and I knew of the condition and did nothing.

    Originally posted by Rattlehead
    A LEO, a judge, anyone. Curiosity killed the cat.
    Unless you are the lawyer representing a person, you keep your mouth shut when asked a question... period.

    No one talks themselves OUT of jail...they talk themselves INTO jail. If you have the verbal skills to stop the questioning BEFORE it starts, you can do so at your own risk. If ANY answer you give is proven false, you are guilty of at least one crime and a jury only needs to hear that to convict you of any other crime you are charged with.

    99.9999999% of the time the LEO already knows the answer...he just needs you to say it. LEO act as if they don't know... its the oldest trick in the book, to get you to "explain it to them"... and explain yourself into a nice set of peerless bracelets.
    Last edited by dieselpower; 08-15-2011, 1:52 PM.

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    • #32
      morfeeis
      Calguns Addict
      • Apr 2010
      • 7605

      Originally posted by dantodd
      Yes. bwiese has reported at least one incident where CA investigators followed a CA car back from NV (I think the big Reno Gun Show) and stopped them when the crossed the border and busted the driver for importing.

      And yes, that is just hearsay but hopefully Bill will come in and give more details. You can take for gospel whatever he posts on the subject.

      ETA: There is no law against importing standard capacity magazines either, if your gun is a 1911.
      Not trying to be a smart *** just trying to understand as i know there are double stack 1911 that hold 10+ also. So my question is that a joke or were you being serious and you can have 10+ mags for a 1911? My understanding that buying any 10+ magazine for any firearm after dec 31 1999 was a big no no.
      ΜΟΛΩΝ ΛΑΒΕ
      Originally posted by Ayn Rand
      You seek escape from pain. We seek the achievement of happiness. You exist for the sake of avoiding punishment. We exist for the sake of earning rewards. Threats will not make us function; fear is not our incentive. It is not death we wish to avoid, but life that we wish to live.

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      • #33
        jwkincal
        Senior Member
        • Apr 2011
        • 1608

        Originally posted by morfeeis
        Not trying to be a smart *** just trying to understand as i know there are double stack 1911 that hold 10+ also. So my question is that a joke or were you being serious and you can have 10+ mags for a 1911? My understanding that buying any 10+ magazine for any firearm after dec 31 1999 was a big no no.
        Pretty sure that riff is reliant on "standard" capacity being 7 for that firearm in its original configuration, said original configuration also being too narrow for a stagger-stack magazine...
        Get the hell off the beach. Get up and get moving. Follow Me! --Aubrey Newman, Col, 24th INF; at the Battle of Leyte

        Certainty of death... small chance of success... what are we waiting for? --Gimli, son of Gloin; on attacking the vast army of Mordor

        Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God!
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        --Patrick Henry; Virginia, 1775

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        • #34
          dantodd
          Calguns Addict
          • Aug 2009
          • 9360

          Yep. "standard" is a relative term. Now you know why it should never be used in legal discussions. (unless unless the statute at hand defines "standard")
          Coyote Point Armory
          341 Beach Road
          Burlingame CA 94010
          650-315-2210
          http://CoyotePointArmory.com

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          • #35
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44628

            And really, folks, you've beaten this to death yet again.



            Closed.
            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!

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