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If you get caught with more than a 10 rnd MAG what happens?

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  • bigbadbleu
    Member
    • Jul 2011
    • 160

    If you get caught with more than a 10 rnd MAG what happens?

    What are the consequences if one is caught with more than a ten round mag assembled or in use (at a range or on BLM land)? Thanks, Bleu
  • #2
    taperxz
    I need a LIFE!!
    • Feb 2010
    • 19395

    Originally posted by bigbadbleu
    What are the consequences if one is caught with more than a ten round mag assembled or in use (at a range or on BLM land)? Thanks, Bleu
    Nothing unless it is in a bullet button configured rifle. Even then we are not sure of the law.

    Comment

    • #3
      dls
      Veteran Member
      • Jan 2011
      • 2597

      You may feel sad.
      The chair is against the wall...

      Comment

      • #4
        calidefector
        Senior Member
        • Dec 2008
        • 605

        You exercise your right to remain silent.
        The CalGunner formerly known as 'OrovilleTim' before defecting to a free state and becoming an 07/02.
        Like me or not, I can legally build and possess machine-guns which will always make me cooler than you!

        Comment

        • #5
          Rand B. Wilson
          Member
          • Jul 2012
          • 212

          Someone please jump in and tell me if i am off base here, but this is my understanding:
          It is not illegal to possess a standard capacity magazine.. it is the sale, manufacture, import, giving or 'getting' after 2000(?) that is not permitted. So, if you had a standard capacity magazine prior to 2000 you may still have and use it. It is also my understanding that you do not have to prove how you got it and instead to be prosecuted LE must show proof that you violated the law (so, shut up!)..
          So if you have a 25 year old gun, it would make sense that you have a standard capacity magazine. If you have a new gun model that wasn't manufactured until 2009, you may have a harder time explaining how you came into possession of something prior to 2000 when it wasnt manufactured until 2009.
          -- Sent from my iPad using nothing more than my fingers

          Comment

          • #6
            AAShooter
            CGN/CGSSA Contributor
            CGN Contributor
            • May 2010
            • 7188

            It depends.

            Comment

            • #7
              Oceanbob
              I need a LIFE!!
              • Jun 2010
              • 12719

              It is not illegal to own or possess any capacity magazine in California.

              If confronted by anyone with authority just say "I own these". Say nothing else.

              There is no Penal Code for arresting someone who 'owns' a magazine.

              But remember that opening your mouth about anything else might move an innocent encounter into an arrest. Keep it shut and NEVER TALK TO THE POLICE.
              May the Bridges I burn light the way.

              Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.

              Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).

              Comment

              • #8
                Wrangler John
                Senior Member
                • Oct 2009
                • 1799

                If you are unsure, or unwilling to risk being hassled, detained, or have your equipment confiscated (unlawfully or otherwise) then don't use a high capacity magazine on public land. There is no overwhelming need to shoot a high capacity magazine if it exposes the shooter to an incompetent or uninformed LEO which results in detention, confiscation or arrest.

                In informal plinking or target shooting activities, about the only reason for using a high capacity magazine is to "rip up" or have a "Jolly Time" doing a bit of "popcorning". While barrel manufacturers may appreciate wearing out a barrel, the result could involve much more expensive legal representation. Yes, it all may be strictly legal, but naive to believe there will be no consequences. In my opinion, with today's climate, it would be better to avoid provoking the forces of the anti-gun crowd, leave the high capacity mags at home, or drive over the state line.
                Last edited by Wrangler John; 08-21-2012, 7:30 AM.

                Comment

                • #9
                  Oceanbob
                  I need a LIFE!!
                  • Jun 2010
                  • 12719

                  Originally posted by Wrangler John
                  If you are unsure, or unwilling to risk being hassled, detained, or have your equipment confiscated (unlawfully or otherwise) then don't use a high capacity magazine on public land. There is no overwhelming need to shoot a high capacity magazine if it exposes the shooter to an incompetent or uninformed LEO which results in detention, confiscation or arrest.

                  In informal plinking or target shooting activities, about the only reason for using a high capacity magazine is to "rip up" or have a "Jolly Time" doing a bit of "popcorning". While barrel manufacturers may appreciate wearing out a barrel, the result could involve much more expensive legal representation. Yes, it all may be strictly legal, but naive to believe there will be no consequences. In my opinion, with today's climate, it would be better to avoid provoking the forces of the anti-gun crowd, leave the high capacity mags at home, or drive over the state line.
                  I disagree. I legally own hi cap magazines and intend to use them if I feel like it. If I get arrested, then that Arresting Agency had better have some deep pockets. False arrest and abuse of power, neglecting my rights...all are actionable in Court.

                  I've never been hasseled by Law Enforcement for using hi cap magaines or even my RAWs at the Range. I've even let a couple of Highway Patrol guys shoot my HK-91 and hi cap (15 round glock) Glock 20 at a range.

                  If you own them use them.
                  May the Bridges I burn light the way.

                  Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.

                  Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).

                  Comment

                  • #10
                    Rand B. Wilson
                    Member
                    • Jul 2012
                    • 212

                    Originally posted by Wrangler John
                    ...or drive over the state line.
                    Would this not (technically) cause legal issues when driving back over the state line?
                    -- Sent from my iPad using nothing more than my fingers

                    Comment

                    • #11
                      The Wingnut
                      CGN Contributor
                      • Nov 2008
                      • 2979

                      Originally posted by Rand B. Wilson
                      So if you have a 25 year old gun, it would make sense that you have a standard capacity magazine. If you have a new gun model that wasn't manufactured until 2009, you may have a harder time explaining how you came into possession of something prior to 2000 when it wasnt manufactured until 2009.
                      ...it's not the firearm, it's the mag date that you should be concerned with, and even then, it's somewhat of a non-issue. Example: You find a mag - let's just say you stumble across it. It's a post-2000 dated AR 30-rounder, and you have an SU-16CA made this year. Blast away and drop mags with your finger with no worries, no laws have been broken.
                      sigpic
                      Originally posted by Wernher von Browning
                      I just checked. Change is all I've got left, they took all the folding money.
                      A people whose only powers, liberties & remedies are those strictly defined by the State is not a free people at all.

                      Comment

                      • #12
                        SA227driver
                        Senior Member
                        • Jun 2010
                        • 1373

                        Originally posted by Rand B. Wilson
                        Would this not (technically) cause legal issues when driving back over the state line?
                        You disassemble them before crossing back into Kalifornistan.

                        There is a sticky on this here. ---> http://www.calguns.net/calgunforum/showthread.php?t=387409

                        Google and the search button are your friends here.

                        Welcome to Calguns!
                        Last edited by SA227driver; 08-21-2012, 7:54 AM.
                        NRA, CGF, GSSF, SAF member
                        Certified Glock Armorer 2011, 2016

                        "Praise be to the LORD my Rock, who trains my hands for war, my fingers for battle. -Psalm 144:1

                        Comment

                        • #13
                          Wiz-of-Awd
                          Veteran Member
                          • Jan 2012
                          • 3556

                          Originally posted by Oceanbob
                          It is not illegal to own or possess any capacity magazine in California.

                          If confronted by anyone with authority just say "I own these". Say nothing else.

                          There is no Penal Code for arresting someone who 'owns' a magazine.

                          But remember that opening your mouth about anything else might move an innocent encounter into an arrest. Keep it shut and NEVER TALK TO THE POLICE.
                          Yes.

                          The job of the police is to enforce the law. If push comes to shove and a particular issue needs to be debated in regards to the law, it usually means sitting in jail while it's being hashed out by the attorneys.

                          A.W.D.
                          Seven. The answer is always seven.

                          Comment

                          • #14
                            BALDANDTOPLESS
                            Member
                            • Feb 2010
                            • 271

                            if the mag is somewhere other than a mag well, there's nothing to worry about. if its in a mag well make sure its featureless or RAW, and keep shooting.

                            Comment

                            • #15
                              Renaissance Redneck
                              Senior Member
                              • May 2012
                              • 638

                              I was reading here yesterday (can't find the threads right now, sorry) that there are sections in California law, separate from the high cap mag import/mfg codes, that classify high capacity magazines as "nuisances". That allows LE to seize the mags and destroy them without actually charging the possessor with a crime. Crazy California laws. I'll try to find the threads when I get the time.
                              .
                              .

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