Hi Cap magazines question.

[HK-40]

After talking about it with few guys from my agency and reading stuff on Calguns, I have a question :

How can someone get into any kind of legal trouble for possessing something that is NOT illegal to posses?

Maybe I am ignorant, but according to Ca law , I (or any other LEO) CAN NOT charge anyone for have a hi cap magazine.

There are people who for some reason think that Hi Cap magazines are illegal to own .

[CHS]

After talking about it with few guys from my agency and reading stuff on Calguns, I have a question :

How can someone get into any kind of legal trouble for possessing something that is NOT illegal to posses?

If you are believed or witnessed to have imported or manufactured that large-capacity magazine, then you can most certainly get in trouble for it.

But yes, you are right, actual possession is not a crime and presence should not equal suspicion that a crime has occurred.

But how do people get into legal trouble for possessing things that are not illegal to possess? They talk themselves into it:

Cop: "Cool mag there buddy.. Where do I get one of those?"
Idiot: "Oh man, I bought it in Arizona. They sell them all over the place!"

[Quiet]

"low capacity", "standard capacity" & "hi capacity" are not defined by laws and the definition will vary depending on what firearm the magazine is used for.

For example...
1911 = (standard capacity) 7 rounds (hi capacity) 8 rounds & 10 rounds
Glock 17 = (low capacity) 10 rounds (standard capacity) 17 rounds (high capacity) 19 rounds & 33 rlounds
Glock 19 = (low capacity) 10 rounds (standard capacity) 15 rounds (hi capacity) 17 rounds, 19 rounds & 33 rounds
Glock 26 = (standard capacity) 10 rounds (hi capacity) 12 rounds, 15 rounds, 17 rounds, 19 rounds & 33 rounds.


Under CA laws...

Large capacity magazines are restricted in CA.
It's not legal to import, manufacture, offer to sell, sell, give or loan a large capacity magazine in CA after 01-01-2000. [PC 32310]

A large capacity magazine that was illegally obtained is a public nuisance [PC 32390], which means it is subject to confiscation/destruction [PC 18010(a)(20)&(b)].

[HK-40]

"low capacity", "standard capacity" & "hi capacity" are not defined by laws and the definition will vary depending on what firearm the magazine is used for.

For example...
1911 = (standard capacity) 7 rounds (hi capacity) 8 rounds & 10 rounds
Glock 17 = (low capacity) 10 rounds (standard capacity) 17 rounds (high capacity) 19 rounds & 33 rlounds
Glock 19 = (low capacity) 10 rounds (standard capacity) 15 rounds (hi capacity) 17 rounds, 19 rounds & 33 rounds
Glock 26 = (standard capacity) 10 rounds (hi capacity) 12 rounds, 15 rounds, 17 rounds, 19 rounds & 33 rounds.


Under CA laws...

Large capacity magazines are restricted in CA.
It's not legal to import, manufacture, offer to sell, sell, give or loan a large capacity magazine in CA after 01-01-2000. [PC 32310]

A large capacity magazine that was illegally obtained is a public nuisance [PC 32390], which means it is subject to confiscation/destruction [PC 18010(a)(20)&(b)].

Thank You .

This is very strange.....

I was not aware of magazines being a public nuisance.

[Librarian]

I was not aware of magazines being a public nuisance.

They're not, just by being a 'large-capacity magazine'

A large capacity magazine that was illegally obtained is a public nuisance

OP is perfectly sound analysis; I wish everyone would figure that out. Closed.