High capacity mags?

[em9sredbeam]

Ok so here is my question. Lets say I am 21 years old and legally own a glock, and somehow in all package of items I got along with the gun there happened to be some rebuild kits. What are the legalities concerning them? Like if Im at the range or they are in my posession or in my car? What happens If an officer pulls me over and somehow sees them or is at the range when I am using them? I dont want to get into trouble so i will just not use them if it is something too illegal. please explain. I have been shooting since I was in grade school but owning a handgun is fairly new. thank you

[mej16489]

If you put the parts-kits together you could be guilty of manufactureing a large-capacity magazine. This is prosecutable as either a misdemeanor or as a felony for each instance of PC 12020(a)(2)

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.


There are exemptions for this, but your post made it sound like you recently made the purchase of these kits.

[Cokebottle]

Bingo.

Rebuild kits are rebuild kits. They can be used to rebuild a mag that you had prior to the ban. They cannot be used to build a new mag.

You can take them out of state, assemble them there and use them, then disassemble them and bring them home, but you need 10 rounders for use in California.

That said, possession and use is not a crime. Manufacturing and importation is.

[em9sredbeam]

I Have a class to go to in Nevada, can I take them there use them and bring them back pulled apart as kits? or can i get charged for importing them once i come back? how often are people charged for having high cap in CA? What are the realities concerning possession of high caps? like generally they will just be confiscated or they will arrest you if You are too young to have bought them pre ban?

[Cokebottle]

Rebuild kits, in disassembled form, are not regulated.
You may leave and enter the state as you please with them. I have a couple of 16rd rebuild kits for my XD9, and they remain "kits" until I am outside of California, and they become "kits" before I reenter.

If you leave them assembled, you may be charged with importing if you bring them back in.

As to the rest of the question... How often are you pulled over for traffic violations? The frequency of prosecution doesn't change the law. It can be charged as a felony, which is a lifetime prohibition on gun ownership.
Though possession and use is not a crime, it's not worth messing with.

[Notorious]

Now here's the grey area... transfer is also illegal, no?

If you cannot manufacture, but someone else manufactures, say a LEO, and then hands it to you to use, is that a crime? I know there are some instances where he can loan it to you in his immediate presence at a range to use, but if he assembles it in your home in CA, he's not committing a crime because he can, but what if he assembles them and then he leaves?

Do you have to disassemble them right away or do you have to use a stick to push it outside of your house because you can't touch them and disassemble them because then it becomes possession?

[IrishPirate]

if they were put together when you bought them then you legally acquired hi-cap mags and you can use them in CA all you want. If they were apart and you don't own any pre-ban mags (don't answer that, it's not a question) then they can only be assembled in hi-cap form outside of CA in a state where manufacturing is not illegal. They can't come back into CA until they are back in "kit" form. Possession is not illegal. You can buy 1000 33rd 9mm GLOCK rebuild kits online (if you can find someone with that many in stock!) and have them sent to your house. 100% legal since they are not magazines, they are just rebuild kits. But assembling one of them could get your gun rights taken away for life, so don't do something dumb and say no one ever warned you.....ignorance of the law is not a defense against breaking it.

[Cokebottle]

Do you have to disassemble them right away or do you have to use a stick to push it outside of your house because you can't touch them and disassemble them because then it becomes possession?

And possession is not a crime.

If you did not, as an unlicensed person, import, manufacture, sell or offer for sale (etc), then you committed no crime.

Presumably, as a licensed person operating as a sole proprietorship (since an INC or LLC is a legal "person"), your inventory is "yours"
If you go out of business, simply turn in your high-cap permit before your liquidation sale. Without the permit, you can not sell or offer for sale, so you have no other option but to take your legally owned property home

[Notorious]

And possession is not a crime.

If you did not, as an unlicensed person, import, manufacture, sell or offer for sale (etc), then you committed no crime.

Presumably, as a licensed person operating as a sole proprietorship (since an INC or LLC is a legal "person"), your inventory is "yours"
If you go out of business, simply turn in your high-cap permit before your liquidation sale. Without the permit, you can not sell or offer for sale, so you have no other option but to take your legally owned property home

So what you are saying is you can buy 100 kits, have your LEO friend come over to assemble them, and then leave the house and you now have 100 legally possessed assembled magazines?

To the poster above, you cannot legally buy or acquire magazines over 10 rounds capacity. Nobody can legally sell or transfer to you, and you cannot receive those devices.

The possession thereof is not illegal, as previously stated, but the act of receiving them is.

[Cokebottle]

So what you are saying is you can buy 100 kits, have your LEO friend come over to assemble them, and then leave the house and you now have 100 legally possessed assembled magazines?

Under one reading of the law, it's not even illegal for a LEO to sell/give them to you.

The issue is with the wording of the exemption.

The exemption is worded along the lines of "Purchase or sale by or to"
One reading of the law is that a LEO is exempt from both purchase and sale.... "Sale by or to"
Another reading of the law is that the LEO is exempt under "Purchase by or sale to"... but why was it not worded in that manner?

Now, of course, "Purchase by" anyone is not illegal, but "Sale to" a non LEO is.
So if a LEO is exempt under "(Purchase or) Sale by or to", then a LEO can legally sell to a civilian.

[Cokebottle]

To the poster above, you cannot legally buy or acquire magazines over 10 rounds capacity. Nobody can legally sell or transfer to you, and you cannot receive those devices.

The possession thereof is not illegal, as previously stated, but the act of receiving them is.

Fixed it for you.

PC12020(b)(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.

No where in the statute is the act of "receiving" mentioned.

There is a possibility that the receiver could be charged with conspiracy IF the seller is arrested, but the act of receiving/buying/finding in and of itself is not illegal.

[NapaPlinker]

So basically your saying in my case. If an LEO handed me a MP15-22 30 round magazine.. I would then legally posses it. Since i didn't import it or build it fro a kit could i then use it in my gun with no worries, even though the gun was made way after the ban?

[NapaPlinker]

Most likely you will go to jail if you are found with a Hi Capacity Mag. Even taking a chance with a Mag-Kits depends on the officer. You would probably get off with the mag-kits if you are caught but its not worth it in the long run. Like I tell everyone is it worth the headache? Jail,Court,and Attorney Fee's.

I doubt that, most gun owners i know are twice my age with sevenfold the amount of guns i have... all have hi cap magazines

[Notorious]

I wouldn't chance it... no way would I let a DA decide my life with the way CA politics are.

[NapaPlinker]

Ok so here is my question. Lets say I am 21 years old and legally own a glock, and somehow in all package of items I got along with the gun there happened to be some rebuild kits. What are the legalities concerning them? Like if Im at the range or they are in my posession or in my car? What happens If an officer pulls me over and somehow sees them or is at the range when I am using them? I dont want to get into trouble so i will just not use them if it is something too illegal. please explain. I have been shooting since I was in grade school but owning a handgun is fairly new. thank you

NAPAPLINKER did you even read the guy's Post? He is 21 years old.

Yes I did, "Lets say", is not "I am".