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Assembled mags after 1/1/2014?

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  • morningglory
    Member
    • Mar 2013
    • 156

    Assembled mags after 1/1/2014?

    Hi all,

    I understand that after 1/1 the importation, sale, transfer of magazine parts kits (high capacity) will be illegal. Will pre-ban legal mags that are assembled and left in a domicile or other private property still be ok? Or do all of those need to be disassembled? Thanks.
  • #2
    hellayella
    Calguns Addict
    • Sep 2012
    • 5578

    u can have it, but they can be confiscated under nuisance law..IMO, keep hidden

    Comment

    • #3
      Ronin2
      Banned
      • Jan 2011
      • 5563

      Originally posted by hellayella
      u can have it, but they can be confiscated under nuisance law..IMO, keep hidden
      Step up and contribute to support the NRA-ILA in its challenge to the SF nuisance law. It's our chance to have the law overturned statewide.

      Comment

      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44633

        Originally posted by morningglory
        Hi all,

        I understand that after 1/1 the importation, sale, transfer of magazine parts kits (high capacity) will be illegal. Will pre-ban legal mags that are assembled and left in a domicile or other private property still be ok? Or do all of those need to be disassembled? Thanks.
        No change for existing legally-owned mags.

        But the legislature tried in 2013, and 2014 is another opportunity ...
        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        Frozen in 2015, it is falling out of date and I can no longer edit the content.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!

        Comment

        • #5
          MontClaire
          Veteran Member
          • Feb 2009
          • 4859

          Buy them kits now before the ban on Jan 1st. I have some Pmags LR308 if you need it.

          Comment

          • #6
            tpc13
            Senior Member
            • Dec 2009
            • 523

            What is the Penal code section please..

            Comment

            • #7
              BCA142
              Senior Member
              • Jan 2013
              • 752

              Originally posted by morningglory
              Hi all,

              I understand that after 1/1 the importation, sale, transfer of magazine parts kits (high capacity) will be illegal. Will pre-ban legal mags that are assembled and left in a domicile or other private property still be ok? Or do all of those need to be disassembled? Thanks.
              California can not get it through their thick skulls that these are STANDARD CAPACITY magazines. The 10 round magazines are LIMITED edition California only magazines.
              Dec. 15, 1791
              "The Right Of The People To Keep And Bear Arms Shall Not Be Infringed" EVER!!!!!

              NRA Life Member: Benefactor
              Calguns Supporter
              CRPA Supporter
              Second Amendment Foundation Life Member Defender Club

              Comment

              • #8
                Quiet
                retired Goon
                • Mar 2007
                • 30241

                Originally posted by tpc13
                What is the Penal code section please..
                Penal Code 16740
                As used in this part, "large-capacity magazine" means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:
                (a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
                (b) A .22 caliber tube ammunition feeding device.
                (c) A tubular magazine that is contained in a lever-action firearm.

                Penal Code 32310
                (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2000, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
                (b) For purposes of this section, "manufacturing" includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine.

                Penal Code 32311
                (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2014, any person in this state who knowingly manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large capacity magazine conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310.
                (b) For purposes of this section, a "large capacity magazine conversion kit" is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine.

                Penal Code 32390
                Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any large-capacity magazine is a nuisance and is subject to Section 18010.

                Penal Code 18010
                (b) These weapons shall be subject to confiscation and summary destruction whenever found within the state.
                sigpic

                "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                Comment

                • #9
                  pitbull30
                  Veteran Member
                  • Jul 2005
                  • 3053

                  Originally posted by Ronin2
                  Step up and contribute to support the NRA-ILA in its challenge to the SF nuisance law. It's our chance to have the law overturned statewide.
                  Link to what he is referring too.

                  Comment

                  • #10
                    chrisn
                    Junior Member
                    CGN Contributor - Lifetime
                    • Jan 2013
                    • 57

                    The LAST thing you should do is disassemble a legally possessed >10 round magazine post 1/1/2014. Thereafter the (re)ASSEMBLY from the parts is DEFINITELY a crime, whereas there is some debate as to whether such assembly is currently criminal "manufacturing" (with the evidence of such doubt being the new language regarding assembly)....

                    Comment

                    • #11
                      Spyguy
                      Calguns Addict
                      • Apr 2009
                      • 7378

                      Originally posted by chrisn
                      The LAST thing you should do is disassemble a legally possessed >10 round magazine post 1/1/2014. Thereafter the (re)ASSEMBLY from the parts is DEFINITELY a crime, whereas there is some debate as to whether such assembly is currently criminal "manufacturing" (with the evidence of such doubt being the new language regarding assembly)....
                      This sounds like FUD to me. If what you say were true, how would one disassemble to clean or service a legal, pre-ban standard capacity magazine?

                      Furthermore, the new law that will take effect on 2014-01-01 only bans the importation and transfer of COMPLETE magazine rebuild kits. As I read it, there is nothing preventing the sale and transfer of individual magazine parts, as long as the collection of individual parts being sold or transferred cannot by themselves be assembled into a complete magazine.
                      Last edited by Spyguy; 12-06-2013, 11:23 AM.
                      Justice Alex Kozinski, 9th US Circuit Crt of Appeals

                      Comment

                      • #12
                        hellayella
                        Calguns Addict
                        • Sep 2012
                        • 5578

                        Originally posted by Spyguy
                        This sounds like FUD to me. If what you say were true, how would one disassemble to clean or service a legal, pre-ban standard capacity magazine?

                        Furthermore, the new law that will take effect on 2014-01-01 only bans the importation and transfer of COMPLETE magazine rebuild kits. As I read it, there is nothing preventing the sale and transfer of individual magazine parts, as long as the collection of individual parts being sold or transferred cannot by themselves be assembled into a complete magazine.
                        2nd...pre-ban mags are ok to keep...

                        Comment

                        • #13
                          skilletboy
                          Veteran Member
                          • Feb 2010
                          • 2586

                          Originally posted by BCA142
                          California can not get it through their thick skulls that these are STANDARD CAPACITY magazines. The 10 round magazines are LIMITED edition California only magazines.
                          BC they know they aren't and they don't care. And they intend to disarm America by the death of a thousand paper cuts!!
                          "If the American people come to believe that the government is no longer constrained by the law then they will conclude that neither are they." - Michael Cannon, Cato Inst. 2014
                          _________________________________________

                          Comment

                          • #14
                            BCA142
                            Senior Member
                            • Jan 2013
                            • 752

                            Originally posted by skilletboy
                            BC they know they aren't and they don't care. And they intend to disarm America by the death of a thousand paper cuts!!

                            I know their position and that they do not care. People need to start referring to these magazines as standard capacity and not buy into their BS. They are standard capacity magazines from the factory for all of the other states. The firearms manufacturers are forced to make non-standard low capacity magazines for Calif. in order to sell "Safe" guns. So the next time some one says to you that your handgun is unsafe, tell them that is not true. California says it is "Safe" according to THEIR roster. Man I hate this BS!!!!!!
                            Dec. 15, 1791
                            "The Right Of The People To Keep And Bear Arms Shall Not Be Infringed" EVER!!!!!

                            NRA Life Member: Benefactor
                            Calguns Supporter
                            CRPA Supporter
                            Second Amendment Foundation Life Member Defender Club

                            Comment

                            • #15
                              chris
                              I need a LIFE!!
                              • Apr 2006
                              • 19447

                              Originally posted by Librarian
                              No change for existing legally-owned mags.

                              But the legislature tried in 2013, and 2014 is another opportunity ...
                              and will continue until it is law.
                              http://govnews.ca.gov/gov39mail/mail.php
                              sigpic
                              Thank your neighbor and fellow gun owners for passing Prop 63. For that gun control is a winning legislative agenda.
                              https://www.youtube.com/watch?v=Z6Dj8tdSC1A
                              contact the governor
                              https://govnews.ca.gov/gov39mail/mail.php
                              In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend.
                              NRA Life Member.

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