Pre-Ban High Capacity Mags at Range

[msternin]

what if you are 25 years old and you were just walking, minding your own business and whaam...you get hit in the head with a high, scratch that...a standard capacity magazine. You have no idea where it came from. You did not buy it. No one gave it to you. You did not manufacture it, nor did you import it. it could happen. Most people would keep it, because if you throw it away, it could end up in the hands of a dangerous person, so for the best interest of all....errrr scratch that...for the best interest of the children..one best keep it and use it so it can wear out and then safely be thrown away.

While your scenario seems quite plausible....I think you're good if it rains HCM's or you just happen to "find" it. It also doesn't seem like there's increased liability if you throw it away, since discarding it doesn't seem to be covered under the PC below. Common sense may tell you to turn it or destroy it if you were that concerned.

32310 - 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

[Chunky_lover]

most people that ask the same question over and over most likely bought rebuilds never had pre ban
because if they did, they would of already knew whats going on

and just want to make sure to have every possible situation covered so they ask, and ask and ask here about it

if you search enough you will see its been answered a ton already

just dont use them if your so scared, then you will never get in trouble
just hang onto them incase one day they change the law, you will already have the advantage over most here

[CSACANNONEER]

what if you are 25 years old and you were just walking, minding your own business and whaam...you get hit in the head with a high, scratch that...a standard capacity magazine. You have no idea where it came from. You did not buy it. No one gave it to you. You did not manufacture it, nor did you import it. it could happen. Most people would keep it, because if you throw it away, it could end up in the hands of a dangerous person, so for the best interest of all....errrr scratch that...for the best interest of the children..one best keep it and use it so it can wear out and then safely be thrown away.

The new writing of CA PC doesn't allow for finding or acquiring a +10 round mag. However, the original law was not written that way.

Old PC:

12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:
........................
........................
(2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.

vs. the new language of the law:

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, commencing January 1, 2000, 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.

I don't understand how "they" can just change the law by renumbering it but, "they" did".

[mej16489]

vs. the new language of the law:

I don't understand how "they" can just change the law by renumbering it but, "they" did".

If memory serves me correctly, the 'receives' language was added with AB48 (effective 1/1/14) - If I have the bill-number wrong, it was the same bill that killed 'rebuild kits'

It didn't get changed during the renumbering.

[Chewy65]

Even under the old code section some say you could be charged with conspiracy with the seller, but I don't think anyone enforced it against anyone buying for personal use. At the most they lost their mags.

[CSACANNONEER]

If memory serves me correctly, the 'receives' language was added with AB48 (effective 1/1/14) - If I have the bill-number wrong, it was the same bill that killed 'rebuild kits'

It didn't get changed during the renumbering.

I can't find anywhere in AB48 that changed the law's wording for large capacity magazines. But, somehow, "they" changed the wording to be the same as the wording used in AB48 for "Large Capacity Magazine Conversion Kits".

[raysince86]

So here's a scenario. Say you buy a storage locker, and there are mags in there that can hold more than 10 rounds. Would those be legal to keep?

[cbright1]

most people that ask the same question over and over most likely bought rebuilds never had pre ban
because if they did, they would of already knew whats going on

and just want to make sure to have every possible situation covered so they ask, and ask and ask here about it

if you search enough you will see its been answered a ton already

just dont use them if your so scared, then you will never get in trouble
just hang onto them incase one day they change the law, you will already have the advantage over most here

or in case of a zombie apocalypse

[WyattandDoc]

As I've said before, I lose count of bullets after nine or ten. It's the weirdest thing.

[cbright1]

The new writing of CA PC doesn't allow for finding or acquiring a +10 round mag. However, the original law was not written that way.

Old PC:



vs. the new language of the law:



I don't understand how "they" can just change the law by renumbering it but, "they" did".

Well, I already own plenty from my first ar purchase in the 90's, and yes unfortunately I am plenty old, so no one is going to go there.

[RickD427]

So here's a scenario. Say you buy a storage locker, and there are mags in there that can hold more than 10 rounds. Would those be legal to keep?

No, you would be "receiving" those magazines in violation of Penal Code section 32310.

[mej16489]

I can't find anywhere in AB48 that changed the law's wording for large capacity magazines. But, somehow, "they" changed the wording to be the same as the wording used in AB48 for "Large Capacity Magazine Conversion Kits".

AB48 Link

"or receives" was added in both Section 1 and Section 1.5 of AB48 - only section 1 & 2 went active due to a dependence on another bill in section 3

[CSACANNONEER]

AB48 Link

"or receives" was added in both Section 1 and Section 1.5 of AB48 - only section 1 & 2 went active due to a dependence on another bill in section 3

Thanks. I looked at several different links but somehow kept missing it. The interesting thing is that "receive" wasn't in the law so, finding one prior to AB48 appears to have been legal. Doesn't it?

[mej16489]

Thanks. I looked at several different links but somehow kept missing it. The interesting thing is that "receive" wasn't in the law so, finding one prior to AB48 appears to have been legal. Doesn't it?

Correct, prior to AB48 it was legal to find magazines. Inadvertent acquisition from things such as buying a storage locker sight-unseen was also probably legal.

Another interesting factoid, re-importation of mags acquired after 1/1/2000 is likely illegal.

[CSACANNONEER]

Correct, prior to AB48 it was legal to find magazines. Inadvertent acquisition from things such as buying a storage locker sight-unseen was also probably legal.

Another interesting factoid, re-importation of mags acquired after 1/1/2000 is likely illegal.

I worked PT at an indoor range for a few years '03-'06 or something like that and would find +10 round mags in the garbage cans at least a couple times a week. Most of the ones I found just went into store inventory since, I didn't need them. But, it was not as uncommon to find +10 round mags as some here think it was. I agree with you about reimporting legal mags which were legally acquired after 1-1-2000. It is a bit risky.