Another hi-cap question: hypothetical, of course

[M. Sage]

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

Lol, because the DROS sheet, DL photocopy, thumb print and proof of residence wouldn't let them find you.

[AYEAREFIFTEEN]

Lol, because the DROS sheet, DL photocopy, thumb print and proof of residence wouldn't let them find you.

Unless they snuck some new law past us in California there is no DROS, identification, or thumb print required to purchase mags only.

[KDOFisch]

It's not too far off base-

When I bought an XD40 over a year ago, it came with two mags, as advertised. One of them was always acting kind of funny (feeding-wise) and I didn't know why. I finally flipped it over one day to find that this was a 9mm ten-rounder that I was cramming .40SW into.

I know this is a little off-topic, but packaging problems do occur. Those Croats are a world away from CA and don't always get it right.

[AYEAREFIFTEEN]

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

I still don't know about the conspiracy idea there. I believe both parties have to be commiting a crime for it to be considered a comspiracy. This isn't like receiving stolen goods. Receiving stolen goods that you know are stolen is specifically a crime. Buying a hi-cap mag that is legal to possess is still not a crime.

Unfortunately every one of these hi-cap mag threads ends up with the ultra conservative camp and the liberal camp arguing with eachother. What it really comes down to is law enforcement has to catch you in the act of importing, manufacturing, offering for sale, giving, or lending (without supervision) in order to charge anyone with a crime.

I understand the ultra conservative view on hi-cap magazines. NO ONE wants to the the test case for high cap mags. Could an uninformed officer haul you in for possession of a hi-cap mag? Sure. Could it be fought in court and won? Hell Yes.

I just find it funny how hi-cap scared some people on this board are despite the fact that no one has ever been charged with any crime involving a hi-cap mags. Most of those same people have no problem owning an OLR that's been proven to land a few people in jail and/or had their OLR confiscated.

[MotoGuy]

I dunno of any cases where DAs/DOJ track down hicap purchasers except for importation from outta-state gunshows (i.e, Big Reno Show).

Bill,

Can you share any details about this? Just curious how they tracked a purchase from an out of state gunshow.

[Fate]

Bill,

Can you share any details about this? Just curious how they tracked a purchase from an out of state gunshow.

I can only think they were observed buying them at a NV gunshow, followed to their vehicle and kept under observation all the way to the state line.

However, I think if suspect is not under constant observation the entire way, then the ability of any prosecution to get a conviction is questionable, let alone even the probable cause for the traffic stop.

[FABIO GETS GOOSED!!!]

No crime here, sales of large cap mags by FFLs are ok (assuming the sporting goods dealer had an FFL).

[MotoGuy]

I can only think they were observed buying them at a NV gunshow, followed to their vehicle and kept under observation all the way to the state line.

However, I think if suspect is not under constant observation the entire way, then the ability of any prosecution to get a conviction is questionable, let alone even the probable cause for the traffic stop.

But that would take a lot of personnel to watch the hundreds of gun show attendees, keep an eye on them for the hours they are at the show, and then follow each one to their cars to see if they had CA plates. And what about the many who spend the night at the hotel. And if they break them down into parts before the border, then there is no crime.

[MudCamper]

I still don't know about the conspiracy idea there. I believe both parties have to be commiting a crime for it to be considered a comspiracy.

Not true. You do not need to violate any other law to commit conspiracy. You need only know that the other party (in this case the seller) is breaking the law to commit conspiracy. The seller would be guilty of 12020 and 182. The buyer would be guilty of 182, conspiracy.

[CHS]

Not true. You do not need to violate any other law to commit conspiracy. You need only know that the other party (in this case the seller) is breaking the law to commit conspiracy. The seller would be guilty of 12020 and 182. The buyer would be guilty of 182, conspiracy.

Good point.

The seller in this particular case is not violating the law intentionally, but *IS* violating the law.

The buyer KNOWS that the sale/transfer/lend/blahblahblah of standard capacity magazines is illegal, so is guilty of the crime of conspiracy.

Once you get the mags home and find out they are not reduced-capacity 10'ers and make the decision NOT to return them to correct the honest mistake, you become guilty of conspiracy. ESPECIALLY if you drive back to try to buy more mis-labeled standard cap mags.