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What does "import" mean, with respect to large capacity mags?

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  • Lives_In_Fresno
    Senior Member
    • Dec 2011
    • 818

    What does "import" mean, with respect to large capacity mags?

    If a friend comes to visit from out of state and brings their 15-round mag-holding whatever-gun-they-like-to-shoot, and intend to leave with the mag and the gun, have they technically imported, even with the intention to leave (with the mag) when vacation is over?

    Thanks in advance!
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    yes, crossing the state line with those mags is "importing into the state". there is no exemption if you promise to export them at the end of your visit.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

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    • #3
      Merc1138
      I need a LIFE!!
      • Feb 2009
      • 19742

      Here's a thread from not too long ago where someone decided to give the DOJ a call and ask for a letter of exemption so they could import mags to shoot a match and then leave the state. The answer was "no".

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      • #4
        CSACANNONEER
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Dec 2006
        • 44093

        If they legally possessed that exact +10 round mag in California prior to 1-1-2000, they can legally bring it here. If not, they simply can not bring it into CA at all.

        Your idea is a kin to someone stealing a car and trying to argue that they intended on returning it. So, your theory won't stand up in any court. The law clearly does not allow for "intention to remove it from the state" after illegally importing it.
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        • #5
          Lives_In_Fresno
          Senior Member
          • Dec 2011
          • 818

          Thanks for the quick responses!

          Comment

          • #6
            bountyhunter
            Veteran Member
            • Oct 2005
            • 3423

            Originally posted by Lives_In_Fresno
            If a friend comes to visit from out of state and brings their 15-round mag-holding whatever-gun-they-like-to-shoot, and intend to leave with the mag and the gun, have they technically imported, even with the intention to leave (with the mag) when vacation is over?

            Thanks in advance!
            Illegal. I remember reading a post from somebody who worked at Beretta or HK and they wanted to bring a new model to a gun show exhibit but only had full capacity magazines for it at the time. They applied for a waiver to just carry them in for the show and take them out and were refused.

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            • #7
              ????? ????
              Senior Member
              • May 2014
              • 991

              Originally posted by CSACANNONEER
              Your idea is a kin to someone stealing a car and trying to argue that they intended on returning it. So, your theory won't stand up in any court. The law clearly does not allow for "intention to remove it from the state" after illegally importing it.
              That's not a very good analogy in California, since Californian law makes a distinction between permanently taking someone else's car and temporarily taking someone else's car. The former is grand theft auto under PC487(d)(1) and the latter is joyriding under VC10851. Intending on returning a car taken only temporarily could be a defense to PC487(d)(1), but not to VC10851.
              Last edited by ????? ????; 04-26-2015, 11:25 PM. Reason: editing

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              • #8
                Jimi Jah
                I need a LIFE!!
                • Jan 2014
                • 18392

                It's the opposite of export.

                Comment

                • #9
                  Flintlock Tom
                  Veteran Member
                  • Feb 2007
                  • 3353

                  It's illegal, however, if you display it on national television, and declare how evil it is, you will not be prosecuted.
                  David Gregory
                  Last edited by Flintlock Tom; 04-27-2015, 12:08 PM.
                  "Everyone must determine for themselves what level of tyranny they are willing to tolerate.
                  I let my CA residency expire in 2015."

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