Another hi-cap question: hypothetical, of course

[webster223]

Let's say a hypothetical person walks into a large sporting goods establishment in CA and purchases a pistol magazine in a blister pack. After traveling home, some distance away, the purchaser notices the magazine is not the 10-round magazine he thought he was getting, but rather a full-capacity 15-round magazine. Upon examination of his credit card receipt, he notices that the line item on the receipt reads, "Brand X 15-round magazine." He was unaware of the actual capacity of the magazine before purchasing it. Given that he hasn't seen >10 round magazines for sale in CA since 1999, he naturally assumed he was getting a 10-rounder.

1. Has this hypothetical person committed any crime?

2. Based on this hypothetical mag purchase, is this person at any realistic risk of being served with a search warrant or being prosecuted for a crime?

3. What should this hypothetical person do next?

[Bobula]

In for answer
Or what if reciept says "general merch", not specifying mag cap in the item description

[bwiese]

Hicap mag acquisition by/via nonexempt parties is illegal.

The store could be in big trouble esp if it didn't have a hicap mag permit (and could be in separate bit of trouble if it did.)

Such a case would probably not cause much grief to the purchaser especially if the mag/package was not marked as hicap or 15 rd (i.e, mispackaged).

The correct answer is to return the mag to the place of purchase and get the proper one. We don't give advice contrary to law here.

Hicap mag cases are very defendable if there is no track record. I dunno of any cases where DAs/DOJ track down hicap purchasers except for importation from outta-state gunshows (i.e, Big Reno Show).

[BONECUTTER]

1. Has this hypothetical person committed any crime?

Selling, lending/giving, importing, and manufaturing are. In this case the store broke the law.

2. Based on this hypothetical mag purchase, is this person at any realistic risk of being served with a search warrant or being prosecuted for a crime?

Doubtful. I think the store doing an audit and not being able to prove they sold to a LEO and calling you is more likly. A judge sighing a warrant for a few high caps I don't see happening. Unless person pretended to be a LEO and passed a fake ID.

3. What should this hypothetical person do next?

I say return it. If you like the shop return it.

Example....if my boss found out I accidently sold hi-caps to someone....it could get me fired. That stuff puts the shops license in jeopardy.

My 2 cents.

[packnrat]

well i do not clutter my life with cc's so no tracking me.

but to stay legal, it must be returned.


and yes the doj does check people at the reno gun shows. there was a state car videoing all returning on a back county rd this past sunday.
.

[webster223]

Thanks, everyone, for your input. If this hypothetical had been an actual situation, it would now be resolved to the satisfaction of purchaser and retailer.

[-hanko]

Thanks, everyone, for your input. If this hypothetical had been an actual situation, it would now be resolved to the satisfaction of purchaser and retailer.

So who sold you the magazine

-hanko

[rmeyer]

"and yes the doj does check people at the reno gun shows. there was a state car videoing all returning on a back county rd this past sunday."

huh?

[AYEAREFIFTEEN]

Hicap mag acquisition by/via nonexempt parties is illegal.

Bill, I'm curious as to how the receiving party is doing anything illegal seeing as how there is nothing in the law that says buying is illegal?

Does receiving the mag make you an accessory to a crime?

ETA:

i just tell them doj watches the reno show and have heard of arrests of people buying things they shouldn't.its illegal.

These people (if there really are any) are most likey being charged with importing. You can buy a "hi-cap" mag out of state. Its just illegal to bring it back.

[Rob454]

I had a bunch of hi cap mags. I got them back in 1997. Since my AK wasnt registered by the deadline ( had no real idea of gun laws back then) i ended up giving all the stuff to my bro in law. I jsut didnt want to deal with the whole mess cause back then nobody knew their azz from peanutbutter. as far as laws were concerned. Everyone was walking on eggs.
As for the people who "got it before the ban" wink wink thats their choice to break the law. personally i feel if you need more than 10 rounds youre past a self defense stage youre now into a war zone. i have no problem with someone who wants hicap mags. I could really care less.

[socalgunrunner]

Bill, I'm curious as to how the receiving party is doing anything illegal seeing as how there is nothing in the law that says buying is illegal?

Does receiving the mag make you an accessory to a crime?

+1

I was just thinking the same exact thing.

[MudCamper]

Bill, I'm curious as to how the receiving party is doing anything illegal seeing as how there is nothing in the law that says buying is illegal?

This was covered, ad nauseam, last week in these forums. Just do a search of posts by me with the word "conspiracy".

Here ya go. I did the search for you: http://www.calguns.net/calgunforum/s...9&postcount=49

[sac550]

Receiving party did nothing wrong and can't be charged with anything! There is no PC 12020 or PC 32 violation. Keep them if you want or take them back it is your choice.

[sac550]

182 PC doesn't apply because the person in this post didn't conspire to commit a crime.

[kpw001]

I had something similar actually happen. When I bought my first gun last year it came with 2 15 round mags from S&W. I didn't realize it until I went home and took a closer look at the mags. I debated on keeping them or not but I ended up taking them back to the shop and got 10 rounds. The guys at the shop were really glad I brought them back, seeing as how it's illegal for them to be "selling" them.