Selling 3D model that can convert 10/25 magazines

[rauldelga]

Preface: I have full intentions of complying with the law since no amount of money is worth the headache.

I designed a shim that can be inserted into a magazine that would allow that magazine to accept a longer spring, and thus be able to hold more than 10 rounds. You have to purchase that magazine spring yourself, disassemble the magazine, glue the shim in place, then reassemble with the longer spring. This shim is not a spare part to the 25 round magazine, it can only be installed in the 10 round variant.

1. Can I sell or upload for free the 3D model
2. Can I sell the physical shim

Here's my homework:
Disassembled. Hicap magazines

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, 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.?

I think that answers question 2 for me, which is ironic because you can purchase springs all day long. Where I'm stumped is does that include selling 3D models. There's an entire activism group focused on treating lines of code as a 1st amendment protection, but I'm not up to date on any new California law. Can I even upload the file for free? Does that count as offering? It kind of stems into can I sell/offer any 3D models that someone could potentially use to break the law.

For the curious, it's for an HK MP5 .22LR (etsy)

[BAJ475]

Preface: I have full intentions of complying with the law since no amount of money is worth the headache.

I designed a shim that can be inserted into a magazine that would allow that magazine to accept a longer spring, and thus be able to hold more than 10 rounds. You have to purchase that magazine spring yourself, disassemble the magazine, glue the shim in place, then reassemble with the longer spring. This shim is not a spare part to the 25 round magazine, it can only be installed in the 10 round variant.

1. Can I sell or upload for free the 3D model
2. Can I sell the physical shim

Here's my homework:
Disassembled. Hicap magazines



I think that answers question 2 for me, which is ironic because you can purchase springs all day long. Where I'm stumped is does that include selling 3D models. There's an entire activism group focused on treating lines of code as a 1st amendment protection, but I'm not up to date on any new California law. Can I even upload the file for free? Does that count as offering? It kind of stems into can I sell/offer any 3D models that someone could potentially use to break the law.

For the curious, it's for an HK MP5 .22LR (etsy)

First question. Why would anyone want to buy a shim to add a few rounds to a 10 round magazine instead of just purchasing standard capacity magazine? Second, question. Why design and build a part that will have little value once Duncan v Bonta is finally decided?

[splithoof]

Second, question. Why design and build a part that will have little value once Duncan v Bonta is finally decided?

[rauldelga]

First question. Why would anyone want to buy a shim to add a few rounds to a 10 round magazine instead of just purchasing standard capacity magazine? Second, question. Why design and build a part that will have little value once Duncan v Bonta is finally decided?

Its for anyone who wants to do the conversion. Could be many reasons why. Moving to another state or lack of availability, for example. Frankly it's for anyone who can legally do so, should they want to.

Design and effort is subjective. It's a hobby and was a fun project. Duncan never crossed my mind since it could sit for years and the shim really took no more than an hour and couple test fits.

I'm not sure how the 'why would/did even do this' questions relate to my initial question.

[BAJ475]

Its for anyone who wants to do the conversion. Could be many reasons why. Moving to another state or lack of availability, for example. Frankly it's for anyone who can legally do so, should they want to.

Design and effort is subjective. It's a hobby and was a fun project. Duncan never crossed my mind since it could sit for years and the shim really took no more than an hour and couple test fits.

I'm not sure how the 'why would/did even do this' questions relate to my initial question.

I have to admit that my questions did not relate to your initial question. I was just curious.

[P5Ret]

I think you may have missed something in your research/homework.

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.

[rauldelga]

I think you may have missed something in your research/homework.

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.

Thank you. I imagine it'd be difficult to explain how lines of code counts as "causes to be manufactured", but I think that's the answer. Guess I'll VPN into Texas and upload to the odd sea (jk).

[Quiet]

Preface: I have full intentions of complying with the law since no amount of money is worth the headache.

I designed a shim that can be inserted into a magazine that would allow that magazine to accept a longer spring, and thus be able to hold more than 10 rounds. You have to purchase that magazine spring yourself, disassemble the magazine, glue the shim in place, then reassemble with the longer spring. This shim is not a spare part to the 25 round magazine, it can only be installed in the 10 round variant.

1. Can I sell or upload for free the 3D model
2. Can I sell the physical shim

I think that answers question 2 for me, which is ironic because you can purchase springs all day long. Where I'm stumped is does that include selling 3D models. There's an entire activism group focused on treating lines of code as a 1st amendment protection, but I'm not up to date on any new California law. Can I even upload the file for free? Does that count as offering? It kind of stems into can I sell/offer any 3D models that someone could potentially use to break the law.

While in CA...

1. Yes.
Currently, there are no CA laws that prohibits or restricts the transfer of information to make firearm accessories.

Effective 01-01-2024, there are CA laws that prohibits/restricts the transfer and possession of CNC mills and 3D printers, whose sole function is to make firearms. [PC 29185]
But, these CA laws do not currently affect CNC mills or 3D printers that are not designed/intended for firearm manufacture and can be utilized to make firearm accessories.
^Rumor is the CA legislature intends to close this "loophole" by making it illegal to possess a CNC mill or 3D printer and files to make firearms or firearm accessories, unless you are a CA licensed firearms manufacturer.

2. No.
Currently, it is illegal to import, make, advertise for sale, or transfer a large capacity magazine conversion kit in CA. [PC 32311(a)]

[rauldelga]

Thank you all. I posted the 3d model for sale. From how I understand it, sharing information (ie nothing physical) has no law agaisnt it. What someone does with that information is not on me. Posting it for sale versus uploading for free seems to have no distinction. With a key note being, uploading for free has no ramifications.

If I grossly misunderstood that, please let me know.