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

[Jason P]

It is not illegal to possess standard capacity magazines. It is not recommended that you say anything to the police, except that:

1) It is not illegal to posses standard capacity (high capacity) magazines.
2) You are exercising your right to remain silent.
3) The officer is welcome to join you. (assuming he is not a douche, although you should still remain silent regarding all things magazine related.

[Wrangler John]

Would this not (technically) cause legal issues when driving back over the state line?

Who knows? If it is, then use a cutting torch or Sawzall on the hi caps and forget the whole thing.

More trouble than they are worth.

My recommendation is to destroy the hi caps unless they are going to remain secure in the home, or weld them into a floor lamp sculpture.

[Wrangler John]

Read back over the entire content of this thread. Does it not sound like theologians arguing the meaning of some obscure scriptural passage? In times past loosing such arguments may have resulted in excommunication or a mandatory barbeque invitation. Really, when laws become so vague and ambiguous they are especially dangerous. Changing the law, or attempting to change the law, is safer than trying to definitively determine its meaning. I hereby pledge to never again enter into a discussion of hi capacity magazines, to do so is a waste of time and electrons.

[Librarian]

* reminder, non-lawyer here *

I don't think the 'nuisance' language is going to be a problem, but probably it will take a court case to sort it out.

I suggest including large-capacity magazines in the nuisance/confiscation language is a drafting error in the law.

Everything else that is a 'nuisance' is a felony to possess - it's old PC 12029

Except as provided in Section 12020, blackjacks, slungshots, billies, nunchakus, sandclubs, sandbags, shurikens, metal knuckles, short-barreled shotguns or short-barreled rifles as defined in Section 12020, and any other item which is listed in subdivision (a) of Section 12020 and is not listed in subdivision (a) of Section 12028 are nuisances, and the Attorney General, district attorney, or city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any of the foregoing items. These weapons shall be subject to confiscation and summary destruction whenever found within the state. These weapons shall be destroyed in the same manner as other weapons described in Section 12028, except that upon the certification of a judge or of the district attorney that the ends of justice will be subserved thereby, the weapon shall be preserved until the necessity for its use ceases.

12020 (a) used to have just (1), describing those nuisance items. The magazine ban law was added at 12020(a)(2).

That " any other item which is listed in subdivision (a) of Section 12020 " should have read " any other item which is listed in subdivision (a)(1) of Section 12020 ", but 12029 was forgotten in SB23. (Or deliberately omitted and we missed getting that fixed, if we could have had such a technical change inserted).

ETA - Oh, yes, the original question: possession and use of large-capacity magazines is generally not a crime with which one can be charged. Smile at the nice questioner and continue with your day.

[blazeaglory]

The "nuisance" clause seems to say that if you ADMIT you "found" the mag, or that you acquired it illegally more than 3 years ago, the mag can be confiscated.

I am not a lawyer. YMMV.

Incidentally, the CGF mag FAQ doesn't really touch on this subject at all... perhaps it needs some updating

EXACTLY. Or if you violate any of the items in the law. I think they have to label an item as a nuisance when it becomes illegal per the wording of the law.

[Sniper3142]

Who knows? If it is, then use a cutting torch or Sawzall on the hi caps and forget the whole thing.

More trouble than they are worth.

My recommendation is to destroy the hi caps unless they are going to remain secure in the home, or weld them into a floor lamp sculpture.

And I totally disagree with you.

I own several dozen Large Capacity Magazines. I purchased them when I purchased my AR15s (RAWs) back in 1996-1999. I own a grand total of two 10 round magazines. One came with the Armalite M15A4(T) back in 1999. The other is a 10/30 I just recently picked up along with an AR Pistol from the great folks at Riflegear.

If I thought like you, I'd either have to purchase new 10 round magazines or not shoot my AR15s.

I don't plan on doing either.

I'll continue to use my 20 & 30 rounders in my Registered Assault Weapons.

[A-J]

I don't think that trumps everything else:

Of course it does. I didn't say that 18010 made possession a crime. But it does allow the PD to confiscate them if they find them, without due process and without having to charge you with anything. The "exceptions" listed in the PC are none of us regular folk as far I could tell. So, while the mega thread says:

[quote]It is perfectly legal - no restrictions at all in the Penal Code - to own and possess and use those "large-capacity magazines" in any gun*(see footnote), at any time, under any circumstances where it is legal to use a gun. Ownership, possession and use of "large-capacity magazines" are not crimes in PC; there is no section under which you could be charged. [quote]

18010 says that the PD can take them if they find you with them. I'd honestly be very happy if someone could show me how that section can be interpreted to NOT mean what a lot of us believe it means.

[yelohamr]

In 1993, I was at an auction and bought a "box lot". There were several items in the box. The item I wanted was a 75th anniversary, Harley Davidson belt buckle.

Also in the box were 30 round AR-15 and 20 round Mini-14 magazines. I didn't and still don't have either of those rifles. I still have the mags and the way things are going in CA, I'm going to buy a Mini-14 and use my pre-ban magazines. The AR mags, I'll give to my grandson in MO.

[interstellar]

This is a quote from a DA we just interviewed for the film...

[skibuff]

There is a US Forest Ranger in Nor Cal that has been confiscating bullet button and post ban guns using mags over 10 rounds. He said he turned them over to the DA's office to be destroyed. Said he was confiscating 5-10 guns a month.

He hassled me over one of my RAW's with a 30 round mags but once I showed him my DOJ letter he left me alone. I also had a pre 2000 Sig 226 with legal hi cap mags he didn't even ask about it.

I wouldn't risk using a hi cap mag in any gun I bought after 2000.

[curtisfong]

The AR mags, I'll give to my grandson in MO.

Please keep them in CA.

Send your grandson something else... like 30 round parts kits.

[Dantedamean]

There is a US Forest Ranger in Nor Cal that has been confiscating bullet button and post ban guns using mags over 10 rounds. He said he turned them over to the DA's office to be destroyed. Said he was confiscating 5-10 guns a month.

He hassled me over one of my RAW's with a 30 round mags but once I showed him my DOJ letter he left me alone. I also had a pre 2000 Sig 226 with legal hi cap mags he didn't even ask about it.

I wouldn't risk using a hi cap mag in any gun I bought after 2000.

If its a featureless rifle I'll be filling a lawsuit for illegal seizure. It's perfectly legal to use them on featureless rifles.

[Sniper3142]

There is a US Forest Ranger in Nor Cal that has been confiscating bullet button and post ban guns using mags over 10 rounds. He said he turned them over to the DA's office to be destroyed. Said he was confiscating 5-10 guns a month.

He hassled me over one of my RAW's with a 30 round mags but once I showed him my DOJ letter he left me alone. I also had a pre 2000 Sig 226 with legal hi cap mags he didn't even ask about it.

I wouldn't risk using a hi cap mag in any gun I bought after 2000.

Give me his Name, Badge Number and any other identifying Information you can.

I want to meet this fellow.

[yelohamr]

Please keep them in CA.

Send your grandson something else... like 30 round parts kits.

The mags are legal in MO.

[Micro48]

The mags are legal in MO.

They are legal in California too. Please don't remove legal normal capacity mags from California, they are rare enough as it is.