Unconfigured Ad Widget

Collapse

?Freedom Week? Mags Question

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • paco ramirez
    Senior Member
    • Sep 2007
    • 577

    ?Freedom Week? Mags Question

    During ?freedom week? I bought around $3k in magazines of various types and had them shipped to the house I stay at in CA, however I am a New Mexico resident and 07FFL/02SOT. Just want to make sure there isn?t a CA residency requirement to be able to legally use my legal mags while in CA. I?ve been out of the loop on CA firearm laws for around nine years.

    Also for ammo purchase, since I’m an FFL I’m exempt from needing to do this new ammo paperwork nonsense, right?
  • #2
    edgerly779
    CGN/CGSSA Contributor
    CGN Contributor
    • Aug 2009
    • 19871

    Large cap mags still a nuisance ticket and can be seized by leos. Cannot travel with them and come back here with them. Must be blocked before entering Ca. Many posts on this.

    Comment

    • #3
      Calisnaps
      Junior Member
      • Jan 2018
      • 82

      As for the Ammo, unless you have a California ID, Drivers LIcense or Military ID. You are going to have a hard time buying it in most stores without it. If the FFL is for a California address I would think you would be okay to have ammunition shipped to the registered address.
      "Okay, just one more gun......."

      Comment

      • #4
        paco ramirez
        Senior Member
        • Sep 2007
        • 577

        Originally posted by edgerly779
        Large cap mags still a nuisance ticket and can be seized by leos. Cannot travel with them and come back here with them. Must be blocked before entering Ca. Many posts on this.
        They?ve been in California the entire time, I own them, and they?ve always been in California. I want to use them in California, legally. That?s why I asked.

        Comment

        • #5
          Capybara
          CGSSA Coordinator
          CGN Contributor
          • Feb 2012
          • 14555

          As far as the mags, legally, I see no reason you can't go to California and use them, but I'm no Quiet, Librarian or a lawyer ;-) But yes, any cop can seize them as a nuisance, so I would only take a couple at a time out to shoot. And if you do take them out of state, can't legally "import" them back over the state line.

          Judge Benitez will likely give us a good ruling on Duncan v. Bonta as far as magazines but the state will appeal it, it will go to the 9th, the 9th will support California's ban, then it will be appealed to SCOTUS. Depending on how many years that takes and what the makeup of SCOTUS is by then, then they could all become legal to do anything with buy, gift, import, etc. but that could take 2-4 years. And Commifornia will likely come up with some other bullshyte illegal and Unconstitutional law that will ban them "again". It's California, that's what our tyrants do.
          NRA Certified Metallic Cartridge Reloading Instructor, Shotgun Instructor and Range Safety Officer

          sigpic

          Comment

          • #6
            Jimi Jah
            I need a LIFE!!
            • Jan 2014
            • 17657

            Legal trap. I stick with 10's, ammo is expensive too.

            I don't have/use blocked 30's either. I don't want any attention.

            Comment

            • #7
              ar15robert
              Senior Member
              • Sep 2002
              • 2394

              I left a couple cheap mags where I stay when I go to ca. ones that if taken under nuisance I could care less. Just a couple at mags since my armalite is still registered in ca.

              Comment

              • #8
                Quiet
                retired Goon
                • Mar 2007
                • 30241

                Originally posted by paco ramirez
                During ?freedom week? I bought around $3k in magazines of various types and had them shipped to the house I stay at in CA, however I am a New Mexico resident and 07FFL/02SOT. Just want to make sure there isn?t a CA residency requirement to be able to legally use my legal mags while in CA. I?ve been out of the loop on CA firearm laws for around nine years.

                Also for ammo purchase, since I?m an FFL I?m exempt from needing to do this new ammo paperwork nonsense, right?
                Since your lawfully acquired large capacity magazines have remain in CA, it is legal for you to posses and use them in a legal manner while in CA.

                Use in a legal manner being they cannot be legally utilized in a manner that will cause a firearm to be a prohibited weapon (illegal assault weapon).

                It is also legal for you to transport your large capacity magazines out of CA.
                However, once you do so, it is illegal (felony) to bring those large capacity magazines back to CA. [PC 32310(a)]


                Being an out-of-state firearm manufacturer (07-FFL/02-SOT) makes you exempt from needing to utilize a CA DOJ ammunition vendor or CA FFL dealer to acquire ammo from a non-FFL within CA. [PC 30312(c)(3)]

                Being an out-of-state firearm manufacturer (07-FFL/02-SOT) makes you exempt from needing to undergo an ammo DROS and background check, but the CA DOJ licensed ammunition vendor or CA FFL dealer that you are acquiring ammo from is required to collect/copy your info (out-of-state 07-FFL) in order to process your exempt transfer. [PC 30352(e)(6) and 11 CCR 4286(a)(5)]
                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
                  tenemae
                  code Monkey
                  CGN Contributor - Lifetime
                  • Jun 2010
                  • 1680

                  Anyone care to weigh in on extended base plates as it pertains to a potential freedom week repeat? As far as I read 32310, there does not seem to be a constructive possession threat (just an actual construction prohibition). Nor does it seem like 32310 prohibits importation of individual parts. Have I missed another PC somewhere that covers importing something like a solitary baseplate?

                  Comment

                  • #10
                    Quiet
                    retired Goon
                    • Mar 2007
                    • 30241

                    Originally posted by tenemae
                    Anyone care to weigh in on extended base plates as it pertains to a potential freedom week repeat? As far as I read 32310, there does not seem to be a constructive possession threat (just an actual construction prohibition). Nor does it seem like 32310 prohibits importation of individual parts. Have I missed another PC somewhere that covers importing something like a solitary baseplate?
                    If the magazine extension increases the magazine's capacity and its installation will cause the magazine to have a capacity of greater than 10 rounds, then it is considered a large capacity magazine conversion kit [PC 32311(b)]; which, starting 01-01-2014, is illegal to import, make, advertise for sale, or transfer in CA [PC 32311(a)].

                    During "Freedom Week" it was CA legal to import and install them on magazines, because during that time it was legal to make large capacity magazines.
                    After "Freedom Week" ended, it became illegal to import, make, advertise for sale, or transfer them in CA.
                    If they were acquired during "Freedom Week", but were never used, then they are legal to possess but illegal to install (because doing so will be making illegal large capacity magazines).


                    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.
                    Last edited by Quiet; 04-27-2023, 8:21 PM.
                    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

                    • #11
                      tenemae
                      code Monkey
                      CGN Contributor - Lifetime
                      • Jun 2010
                      • 1680

                      Originally posted by Quiet
                      it is considered a large capacity magazine conversion kit [PC 32311(b)];
                      I had a feeling there was something about parts but I was unable to find it (been away from calguns too long and I got rusty).

                      Thanks for the reminder. It's greatly appreciated.

                      Comment

                      • #12
                        RickD427
                        CGN/CGSSA Contributor - Lifetime
                        CGN Contributor - Lifetime
                        • Jan 2007
                        • 9251

                        Originally posted by paco ramirez
                        During ?freedom week? I bought around $3k in magazines of various types and had them shipped to the house I stay at in CA, however I am a New Mexico resident and 07FFL/02SOT. Just want to make sure there isn?t a CA residency requirement to be able to legally use my legal mags while in CA. I?ve been out of the loop on CA firearm laws for around nine years.

                        Also for ammo purchase, since I?m an FFL I?m exempt from needing to do this new ammo paperwork nonsense, right?
                        There's no distinction in the law resulting from your being a New Mexico resident.

                        The possession of large-capacity magazines, regardless of when and how obtained still remains illegal in California, however enforcement of the simple possession clause of the law has been enjoined by the federal court. That makes things practically the same as if they were legal, and I would not be concerned about their possession so long as the order enjoining enforcement remains in place.

                        However, please note that the order does not prevent enforcement of the importation clause of the law.

                        The court order also does not cover the law permitting the nuisance seizure of large-capacity magazines, but so long as the order is in place, I don't foresee any LE agency venturing down that road. LE agencies tend to be very respectful of the spirit of court orders, and even if the letter of the order doesn't prohibit such seizures, the spirit of the order does.
                        If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                        Comment

                        • #13
                          bwiese
                          I need a LIFE!!
                          • Oct 2005
                          • 27614

                          Originally posted by RickD427
                          However, please note that the order does not prevent enforcement of the importation clause of the law.
                          Or formerly allowed (pre Prop63) 'reimporation' of your property.

                          This is why you don't travel outside of CA with your legit pre2000 or Freedom
                          Week hicaps because you can't bring them back again.


                          The court order also does not cover the law permitting the nuisance seizure of large-capacity magazines, but so long as the order is in place, I don't foresee any LE agency venturing down that road. LE agencies tend to be very respectful of the spirit of court orders, and even if the letter of the order doesn't prohibit such seizures, the spirit of the order does.
                          IIRC, a Fresno area dude was popped post-Duncan rulings and got his mags
                          back.

                          Bill Wiese
                          San Jose, CA

                          CGF Board Member / NRA Benefactor Life Member / CRPA life member
                          sigpic
                          No postings of mine here, unless otherwise specifically noted, are
                          to be construed as formal or informal positions of the Calguns.Net
                          ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                          employer. No posts of mine on Calguns are to be construed as
                          legal advice, which can only be given by a lawyer.

                          Comment

                          • #14
                            CSACANNONEER
                            CGN/CGSSA Contributor - Lifetime
                            CGN Contributor - Lifetime
                            • Dec 2006
                            • 44092

                            Originally posted by bwiese
                            Or formerly allowed (pre Prop63) 'reimporation' of your property.

                            This is why you don't travel outside of CA with your legit pre2000 or Freedom
                            Week hicaps because you can't bring them back again.




                            IIRC, a Fresno area dude was popped post-Duncan rulings and got his mags
                            back.
                            Post Duncan, there was a Ventura County case were they got their confiscated, legally owned, +10 round mags back. There might have been a Fresno case too.
                            NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                            California DOJ Certified Fingerprint Roller
                            Ventura County approved CCW Instructor
                            Utah CCW Instructor


                            Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                            sigpic
                            CCW SAFE MEMBERSHIPS HERE

                            KM6WLV

                            Comment

                            • #15
                              automat is Brett
                              Banned
                              • May 2023
                              • 22

                              Originally posted by tenemae
                              Anyone care to weigh in on extended base plates as it pertains to a potential freedom week repeat? As far as I read 32310, there does not seem to be a constructive possession threat (just an actual construction prohibition). Nor does it seem like 32310 prohibits importation of individual parts. Have I missed another PC somewhere that covers importing something like a solitary baseplate?
                              I use it mainly to troll. I have a 10 round body that i stick a giant 3d printed base plate on for "faster reload". So far no bites.

                              Comment

                              Working...
                              UA-8071174-1