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  • TheKlawMan
    Senior Member
    • Dec 2010
    • 512

    Originally posted by Oceanbob
    Considering it is perfectly legal to rebuild your Hi Capacity magazine.
    (per a letter from an official of the CDOJ)

    What would be required to 'Rebuild' my GLOCK 20 magazine (15 rounds) if I
    accidently backed over it with my Truck? Crushing the entire magazine.

    Answer: All it would take to rebuilt it would change every part until it was in working order again. (about 10 minutes of time and my spare rebuild kit)

    As a side note, nobody is being arrested or prosecuted for this magazine ban.

    Probably because the law is so VAGUE and requires a big mouthed defendant before getting a conviction. Why would the State start enforcing this law when any credible challange might make the law MOOT.?

    At this time (11 years after the ban) not a single piece of Case Law or Precedent (road map) exists on the hi cap magazine ban.

    Sure we have 'letters' from the CDOJ but nothing concrete. They are letting this law be PASSIVE and not pushing the issue in fear of failure.

    JMO by the way.
    Re your side note, the fact that it is difficult to enforce does not make the LCM law any less the law. As for there being no prosecutorial action taken, are you sure about that or do you mean that there are no published appellate or USDC decisions on 12020(a)(2). Ask yourself this, why has no one challenged the validity of the law? Just set up a table in front of the steps of the Firearms Bureau and start assembling LCMs from rebuilt kits. Be sure to send a letter ahead of time announcing when this event will take place.

    Comment

    • Notorious
      Veteran Member
      • Sep 2008
      • 4695

      One more time, the fact that nobody has been prosecuted under a law doesn't mean it is legal. The law is the law. Illegal is still illegal. There are literally tens of thousands of laws on the books in the vehicle code alone and I doubt even 10% of it is being enforced regularly. That doesn't make it legal either.
      I like guns

      Comment

      • Toolfreak66
        Senior Member
        • Feb 2008
        • 1346

        I guess for me in my situation it would all just boil down to wether or not Promag would even give me a new one or not. They are not an FFL nor a gunsmith so me giving them the old one for repair I would think be out of the question too.
        A citizen who shirks his duty to contribute to the security of his community is little better than the criminal who threatens it.

        Comment

        • Cokebottle
          Señor Member
          CGN Contributor - Lifetime
          • Oct 2009
          • 32373

          Originally posted by Toolfreak66
          I guess for me in my situation it would all just boil down to wether or not Promag would even give me a new one or not. They are not an FFL nor a gunsmith so me giving them the old one for repair I would think be out of the question too.
          True, but you could go through a gunsmith (or any person licensed pursuant to 12071) rather than deal directly with Promag.
          - Rich

          Originally posted by dantodd
          A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

          Comment

          • TheKlawMan
            Senior Member
            • Dec 2010
            • 512

            Originally posted by Notorious
            One more time, the fact that nobody has been prosecuted under a law doesn't mean it is legal. The law is the law. Illegal is still illegal. There are literally tens of thousands of laws on the books in the vehicle code alone and I doubt even 10% of it is being enforced regularly. That doesn't make it legal either.
            +1. I feel sorry for the Poor Joe that gets prosecuted if someone chooses to enforce one of those laws.

            Comment

            • tonelar
              Dinosaur
              • Mar 2008
              • 6081

              Originally posted by Oceanbob
              LOL..I would PAY MONEY to see Nancy wet her knickers.

              (looking around...now who has a Beta-C Drum...?...)

              I have 2 Beta C Drums that are unassembled. Sadly, I got these after I rebuilt my AR and AUG magazines a few years ago.
              So, if one of them starts acting up, I'll likely rebuild it using the C Drum kit.

              Originally posted by Toolfreak66
              I guess for me in my situation it would all just boil down to wether or not Promag would even give me a new one or not. They are not an FFL nor a gunsmith so me giving them the old one for repair I would think be out of the question too.
              Don't be so quick to give up. I had 6x 226 range mags that I sent to Promag to refurbish (they were old and worn out 15rnd capacity). Initially, I contacted them about sending me a couple of bodies, 3 followers and a half dozen springs, but they said they'd rather I sent them my magazines. So, I shipped them and I got a message where they warned they might have to return me 10 rnd replacements. I phoned them and talked to a couple people who assured me they would check with their attorneys first. A week or so later I get a box with 6 newly rebuilt 15 rnd Promags. There wasn't any documentation aside from a receipt with address info and "6 warranty magazines" and "0.00" in the price and shipping sections.
              Last edited by tonelar; 03-08-2011, 3:21 PM.
              sigpic

              Comment

              • Sniper3142
                Veteran Member
                • May 2004
                • 2579

                Originally posted by TheKlawMan
                Your question caused me to reconsider what I said about there being no problem if you replaced one part a day until all were replaced. Not only would that be difficult to sell to a jury, even under those facts you illegally manufactured a LCM.

                Originally posted by kemasa
                Replacing ALL the parts COULD be considered replacement, not repair.

                Yes, it is unlikely that you would ever get charged and convicted, but that does not mean it is legal either.
                You are both wrong if you are saying a person can't repair or replace ANY or ALL parts of their LEGALLY OWNED Large Capacity Magazine.

                If parts of that magazine are damaged or worn to the point that the owner feels they need to be replaced, then he can LEGALLY DO THAT. Or are you saying a person can't maintain their legally owned property?!? Should they be forced to discard that magazine once it becomes so damaged or worn that replacing multiple or all parts is the only way to get it to function again?!?

                Legally owned Property can Legally be maintianed!!!
                Internet Talk is Cheap

                Man Up, Show Up, or Shut the @#$! Up.

                https://www.youtube.com/watch?v=C74HgbjSCLM

                Comment

                • TheKlawMan
                  Senior Member
                  • Dec 2010
                  • 512

                  Originally posted by Sniper3142
                  You are both wrong if you are saying a person can't repair or replace ANY or ALL parts of their LEGALLY OWNED Large Capacity Magazine.

                  If parts of that magazine are damaged or worn to the point that the owner feels they need to be replaced, then he can LEGALLY DO THAT. Or are you saying a person can't maintain their legally owned property?!? Should they be forced to discard that magazine once it becomes so damaged or worn that replacing multiple or all parts is the only way to get it to function again?!?

                  Legally owned Property can Legally be maintianed!!!
                  Maintaining is one thing, but replacing is another.

                  Comment

                  • jamesonamac
                    Senior Member
                    • Jun 2010
                    • 576

                    Klawman and kemasa: these aren't the magazines your looking for. Move along...
                    Any society that would give up a little liberty to gain a little security will deserve neither and lose both. -Benjamin Franklin
                    Tolerance is the virtue of the man without convictions. -G. K. Chesterton

                    Comment

                    • G1500
                      Senior Member
                      • Oct 2010
                      • 1825

                      Originally posted by TheKlawMan
                      Maintaining is one thing, but replacing is another.
                      What happens when the tires wear out on your vehicle?

                      Comment

                      • Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44661

                        Originally posted by G1500
                        What happens when the tires wear out on your vehicle?
                        Well, luckily the California Legislature has not passed a law that restricts what size tires you are allowed to buy, so many people replace their tires with similar new tires.
                        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                        Comment

                        • Notorious
                          Veteran Member
                          • Sep 2008
                          • 4695

                          Originally posted by tonelar
                          I have 2 Beta C Drums that are unassembled. Sadly, I got these after I rebuilt my AR and AUG magazines a few years ago.
                          So, if one of them starts acting up, I'll likely rebuild it using the C Drum kit.
                          I have 2 fully assembled and functional C-mags which I bought last year and I have used 1 during a shooting exercise in Orange County which was caught on video and broadcasted on YouTube. I have no problems sharing that footage with all our lovely California politicians, including hypocrite supreme DiFi.

                          Originally posted by Librarian
                          Well, luckily the California Legislature has not passed a law that restricts what size tires you are allowed to buy....
                          Not yet they haven't... don't give them ideas.
                          I like guns

                          Comment

                          • kemasa
                            I need a LIFE!!
                            • Jun 2005
                            • 10706

                            Originally posted by Sniper3142
                            You are both wrong if you are saying a person can't repair or replace ANY or ALL parts of their LEGALLY OWNED Large Capacity Magazine.

                            If parts of that magazine are damaged or worn to the point that the owner feels they need to be replaced, then he can LEGALLY DO THAT. Or are you saying a person can't maintain their legally owned property?!? Should they be forced to discard that magazine once it becomes so damaged or worn that replacing multiple or all parts is the only way to get it to function again?!?

                            Legally owned Property can Legally be maintianed!!!
                            You are making assumptions and trying to make things the way you want. Please provide a source that says you can replace ALL the parts of a legally owned large capacity magazine within a very short period of time.

                            You can replace any parts and over time you could replace all the parts of a large capacity magazine, but if you do it in a short period of time, it could be an issue. How you do it also could be an issue. If you took a magazine apart and put all the parts on the right and you had all the replacement parts on the left and then put it together, that is a completely different magazine. If you put it together with one new piece at a time, then took it apart and replaced another, that is basically questionable and looks like you did it just for replacing, not maintaining.

                            If you have a used vehicle and it gets damaged and you find an identical vehicle, is that a replacement or repair?

                            I don't like the law at all and I think it is unConstitutional, but until it is overturned, it is still the law. The law does not say that you can replace a magazine. At what point does repair change to replacement? You don't want to admit that can happen at any point. If you replace a part just because you want to, not that it is damaged, and you do that for ALL the parts ALL at once, that is not repair.

                            One example is a magazine that is run over by a vehicle. There is really no repair for that, just replacement of everything and that seems to be a new magazine. The law does not state that you can always have the same number of magazines. The problem for the state is proving what happened and trying to get a conviction. If you admit what you did, then you might get convicted, especially with a completely damaged magazine. If you say nothing, I doubt that anything would happen, but that does not make it legal and due to that you should not encourage others to do things which are illegal.
                            Kemasa.
                            False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

                            Don't tell someone to read the rules he wrote or tell him that he is wrong.

                            Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

                            Comment

                            • Sniper3142
                              Veteran Member
                              • May 2004
                              • 2579

                              Originally posted by kemasa
                              Please provide a source that says you can replace ALL the parts of a legally owned large capacity magazine within a very short period of time.
                              I don't have to provide a source that says what is LEGAL.

                              How about YOU provide a source that specifically says it is ILLEGAL.

                              Both you and TheKlawMan are masters at spreading FUD.
                              Internet Talk is Cheap

                              Man Up, Show Up, or Shut the @#$! Up.

                              https://www.youtube.com/watch?v=C74HgbjSCLM

                              Comment

                              • kemasa
                                I need a LIFE!!
                                • Jun 2005
                                • 10706

                                Please see CA 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.
                                Creating a new large capacity magazine from all new parts would be considered manufacturing, regardless if you took apart some other high capacity magazine. If you did it over a long period of time, it could be considered repair, but that is not what you are talking about. In part, it could depend on your intent, which clearly is to have a new high capacity magazine to replace an old magazine.

                                You personal attacks reflect poorly on you. I am not spreading FUD. You are trying to claim something is not illegal with no basis. I am sorry you don't like the reality, but it does not change the way it is. I have said that I don't think it would be possible to get convicted unless you talk too much, but that still does not make it legal, just that you most likely could get away with it.

                                Tell you what, you go and replace ALL the parts in a magazine, video tape it and send it to the CA DOJ with a letter telling them what you did and see what happens. Perhaps nothing, but are you willing to take that chance? If not, you should not be promoting it.

                                So, yes, you need to be able to show what you are claiming is legal when the law says otherwise. Remember, you are replacing ALL the parts.
                                Kemasa.
                                False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

                                Don't tell someone to read the rules he wrote or tell him that he is wrong.

                                Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

                                Comment

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