Hicap Mag question posed... want opinions...

[xenophobe]

A customer recently asked if his high capacity magazines were now legal. He purchased a number of LEO marked highcaps before the 1994 AWB lapsed. He lives in Ca, and those magazines were in his possession before Jan 1, 2000.

He owned them illegally, but since the law has sunsetted, those magazines are now legal. Please, cite where possession of high-capacity magazines must have been legal before Jan 1, 2000. The only statute I can see is that if for any reason he leaves the state and tries to bring them back in would he be deemed being in illegal possession by the state.

I've asked several firearms attorneys, and what they have said boils down to "who really cares"... basically, that the law was in violation of Federal law, which no longer exists, and state law does not differenciate between high capacity mags made before/after Sept, 1994.

Legal interpretation and opinions ( ) welcome.

Yes, this is confusing, grey area, etc... but I would like to have a solid answer next time I'm asked.

[elmo]

he's safe. burden of proof is on the state to prove the guy go the illegally.

[phish]

How did he buy them before 2000 if he lives here? I don't remember any of them being openly for sale.

I place him in the "fishing expedtion" category.

[JAMES77257]

I recently purchased a few magazine floorplates from Brownell's, they are stamped LE/GOV only. I was wondering about this also.

[phish]

Well, if you bought the floorplates to be used as spares or to repair busted magazines, you're good.

that's what you're doing, right????

[xenophobe]

How did he buy them before 2000 if he lives here? I don't remember any of them being openly for sale.

I place him in the "fishing expedtion" category.

He paid a lot of money from a gun show dealer who had them on the table for LEO purchase only.

[xenophobe]

he's safe. burden of proof is on the state to prove the guy go the illegally.

He purchased LEO marked high-capacity magazines in 1999, before the California ban. They were illegal to own by Federal statue. Now that is no longer the case, are they legal for him to possess in California NOW. That's the question.

I said probably not, but I couldn't exactly tell him why.

[saki302]

According to the CA mag ban, if he had them prior to 1/1/2000, he violated no law here, then or now since he possessed them prior to 2000.

He did violate the federal mag ban. As far as whether or not they can retroactively prosecute you for an expired law, I haven't a friggin clue.

-Dave

[EBWhite]

The california law is flawed. Pretty much, you could order all the parts and have them legal brought into the state and assemble your own mags. Granted this is illegal. but mags are not registered, serialized or do not require you have a receipt to have them. The only way to get caught it during shipping or you buy at the NV gun show and you get followed back by the doj. Anyone ever hear of someone convicted of this law? It seems very hard to prosecute!

[elmo]

He purchased LEO marked high-capacity magazines in 1999, before the California ban. They were illegal to own by Federal statue. Now that is no longer the case, are they legal for him to possess in California NOW. That's the question.

I said probably not, but I couldn't exactly tell him why.

your original post says he bought them before 1994. In which case there was no LEO only magazines etc...

quoted from your text "He purchased a number of LEO marked highcaps before the 1994 AWB lapsed. "

[xenophobe]

your original post says he bought them before 1994. In which case there was no LEO only magazines etc...

quoted from your text "He purchased a number of LEO marked highcaps before the 1994 AWB lapsed. "

Umm... HE bought them in 1999, before the 1994 AW import ban sunsetted in 2004.

[saki302]

I think the jist of the question is what if his friend got caught with LEO mags dated to say, 1998. That's a question I can't even venture a guess to- I mean, if you had them in 1999, it's legal according to CA law, and I would guess (but not bet freedom) that the feds wouldn't even try to touch that one since the law is expired for 1994, but you're still in murky murky waters here.

And it *is* possiblle to get caught with an illegal unmarked mag, say if your firearm was not even made prior to 2000
The sad thing is, if you just had it in pieces, you'd be okay as far as I read the law.. :P

-Dave

[NRAhighpowershooter]

The only way to get caught it during shipping or you buy at the NV gun show and you get followed back by the doj.

Not meaning to hijack the thread.. but wouldn't the smart thing to do at a NV gun show or shop would be to buy the mags and before you even leave the table, strip the mags down to parts and bag them?

[Turbinator]

Not meaning to hijack the thread.. but wouldn't the smart thing to do at a NV gun show or shop would be to buy the mags and before you even leave the table, strip the mags down to parts and bag them?

Folks, I know we're all law abiding citizens here, so as a result, I wouldn't even be talking about such things in a public forum like this.

Turby

[Mike Searson]

Maybe just the tube was marked "LE use only" and you rebuilt the mag.

Like this tomahawk I own that once belonged to chief Sitting Bull.

Replaced the handle three times and the head twice.