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  • #31
    MacOtac
    Member
    • Nov 2009
    • 267

    Thank you for the better understanding...

    Comment

    • #32
      CaptMike
      Senior Member
      • Jun 2006
      • 1272

      Originally posted by JETLAG
      COKEBOTTLE

      If you are 21 and Have Hi-Caps how did you acquire them? (2000 Ban) and 21yrs old do the math! "Rest my case"

      You cannot Buy/Grandfather them so what is going to be your excuse? you "Found them"?

      Depending on who catches you they will either take them away or you will go to jail and then plead your case. Is it worth it? Attorney fees and all
      Hey Jetlag

      Before the 2000 ban, I bought and gave 20 30 round AR mags to my daughter. I also bought and gave my daughter 4 15 round mags for her beretta 92. I also bought her 10 30 round ak mags for an AK that I am going to build her. I also bought her several other standard capacity mags for all of our current guns and guns we didnt even own. She was 4 at the time and is now about to hit 16. She owned them at 4 (no age minimum to acquire mags in law). My math works great and my daughter is the proud owner of plenty of standard capacity magazines. Being 21 does not mean anything. Now if you are 11 years old now, then their may be some issues.

      stay safe everyone
      A life is not important, except for the impact it has on other lives- Jackie Robinson

      Comment

      • #33
        IrishPirate
        Calguns Addict
        • Aug 2009
        • 6390

        Originally posted by JETLAG
        COKEBOTTLE

        If you are 21 and Have Hi-Caps how did you acquire them? (2000 Ban) and 21yrs old do the math! "Rest my case"

        You cannot Buy/Grandfather them so what is going to be your excuse? you "Found them"?
        Depending on who catches you they will either take them away or you will go to jail and then plead your case. Is it worth it? Attorney fees and all
        uhhh....yeah. You can BUY them too. Purchasing isn't illegal. The guy who sells them is commiting a crime, but you aren't. This is such a clear cut not illegal thing that if you were arrested you would have a huge lawsuit against the arresting officer and department. Last time i checked wrongful arrest suits are settled around the million dollar range....so yeah, it kinda would be worth it for me to exercise my legal rights and have some jackhole make a million dollar mistake in my favor. Educate yourself about the law before you start making wild claims about it. And remember, if you say nothing, all they have you on is possession which isn't a crime, NO MATTER HOW OLD YOU ARE!!!!!!!
        Last edited by IrishPirate; 02-25-2011, 3:10 PM.
        sigpic
        Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
        People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People

        ΜΟΛΩΝ ΛΑΒΕ

        Comment

        • #34
          Oceanbob
          I need a LIFE!!
          • Jun 2010
          • 12720

          Yes

          Originally posted by IrishPirate
          uhhh....yeah. You can BUY them too. Purchasing isn't illegal. The guy who sells them is commiting a crime, but you aren't. This is such a clear cut not illegal thing that if you were arrested you would have a huge lawsuit against the arresting officer and department. Last time i checked wrongful arrest suits are settled around the million dollar range....so yeah, it kinda would be worth it for me to exercise my legal rights and have some jackhole make a million dollar mistake in my favor. Educate yourself about the law before you start making wild claims about it. And remember, if you say nothing, all they have you on is possession which isn't a crime, NO MATTER HOW OLD YOU ARE!!!!!!!
          THIS^^^^!

          Remember the thing that gets most people into trouble is THEIR OWN BIG MOUTH..!

          STFU already.

          "Yes officer I own this magazine, am I free to go now..??"

          Nothing else should be discussed. Nothing.
          May the Bridges I burn light the way.

          Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.

          Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).

          Comment

          • #35
            Cokebottle
            Señor Member
            CGN Contributor - Lifetime
            • Oct 2009
            • 32373

            Originally posted by JETLAG
            If you are 21 and Have Hi-Caps how did you acquire them? (2000 Ban) and 21yrs old do the math! "Rest my case"
            It's a good thing you are not a lawyer, because you would not win any cases "resting" on that.

            My buddy's son is 15.
            He legally owns several 30rd mags for his Ruger 10/22. My buddy bought and gave them to him in late 1999. He gave him his 10/22 when he turned 8, but the magazines were already his.
            you "Found them"?
            Legal to receive, legal to find.
            Depending on who catches you they will either take them away or you will go to jail and then plead your case. Is it worth it? Attorney fees and all
            Once more... Provide us with ONE case law cite that indicates a conviction of someone who was caught with high capacity magazines, where no other felonies were charged that were actually the focus of the investigation.

            You won't, because you can't, because there have not been any.

            You can walk right up to Nancy Pelosi holding a 100rd AR15 Beta-C drum magazine and there is not a single thing she can do about it.
            Possession is not illegal.
            For the person in possession of a high cap to be charged with anything, the state must have evidence to prove that the person either imported or assembled it within the last 36 months.

            Once again... Read the law. I'll quote it again to save you the trouble of looking it up:
            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.
            But you still have some "looking up" to do if you are going to find a conviction under the high cap law that did not also involve assault weapons or some other felony.
            Last edited by Cokebottle; 02-25-2011, 4:44 PM.
            - 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

            • #36
              Oceanbob
              I need a LIFE!!
              • Jun 2010
              • 12720

              LOL

              Originally posted by Cokebottle

              You can walk right up to Nancy Pelosi holding a 100rd AR15 Beta-C drum magazine and there is not a single thing she can do about it.
              Possession is not illegal.
              For the person in possession of a high cap to be charged with anything, the state must have evidence to prove that the person either imported or assembled it within the last 36 months.
              LOL..I would PAY MONEY to see Nancy wet her knickers.



              (looking around...now who has a Beta-C Drum...?...)
              May the Bridges I burn light the way.

              Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.

              Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).

              Comment

              • #37
                NapaPlinker
                Senior Member
                • Jun 2010
                • 965

                Originally posted by mej16489
                Posession is not a crime - However the LEO just committed a crime by giving them to you.
                What if I found them? lol
                Pew Pew Pew.

                Comment

                • #38
                  IrishPirate
                  Calguns Addict
                  • Aug 2009
                  • 6390

                  nothing in the law prohibits you from keeping magazines you've found, so long as you found them in CA or didn't bring them accross state lines in usable form if you found them outside CA.
                  sigpic
                  Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
                  People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People

                  ΜΟΛΩΝ ΛΑΒΕ

                  Comment

                  • #39
                    Cokebottle
                    Señor Member
                    CGN Contributor - Lifetime
                    • Oct 2009
                    • 32373

                    Originally posted by mej16489
                    Posession is not a crime - However the LEO just committed a crime by giving them to you.
                    Maybe.
                    PC 12020(b)Subdivision (a) does not apply to any of the following:
                    (19)The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.
                    It depends on how you read "The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law"


                    Legislative goof? Legitimate exemption?


                    Let's look at another exemption in the same PC:
                    PC 12020(b)Subdivision (a) does not apply to any of the following:
                    (12)The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties.
                    See the difference?

                    "The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by any..."

                    "The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any..."

                    Seems that the LEO exemption MAY allow for a LEO to sell a high cap, because of the "to or by" verbiage.
                    The other exemption does not include this verbiage.


                    And just for kicks... Here's the complete list of PC 12020(b) exemptions that apply to magazines:
                    PC 12020(b)
                    Subdivision (a) does not apply to any of the following:
                    (19)The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.
                    (20)The sale to, lending to, transfer to, purchase by, receipt of, or importation into this state of, a large-capacity magazine by a sworn peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of his or her duties.
                    (21)The sale or purchase of any large-capacity magazine to or by a person licensed pursuant to Section 12071.
                    (22)The loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met:
                    (A)The person being loaned the large-capacity magazine is not prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition.
                    (B)The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.
                    (23)The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state.
                    (24)The lending or giving of any large-capacity magazine to a person licensed pursuant to Section 12071, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine.
                    (25)The return to its owner of any large-capacity magazine by a person specified in paragraph (24).
                    (26)The importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 12079, when those activities are in accordance with the terms and conditions of that permit.
                    (27)The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine, to or by entities that operate armored vehicle businesses pursuant to the laws of this state.
                    (28)The lending of large-capacity magazines by the entities specified in paragraph (27) to their authorized employees, while in the course and scope of their employment for purposes that pertain to the entity's armored vehicle business.
                    (29)The return of those large-capacity magazines to those entities specified in paragraph (27) by those employees specified in paragraph (28).
                    (30)(A)The manufacture of a large-capacity magazine for any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.
                    (B)The manufacture of a large-capacity magazine for use by a sworn peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of his or her duties.
                    (C)The manufacture of a large-capacity magazine for export or for sale to government agencies or the military pursuant to applicable federal regulations.
                    (31)The loan of a large-capacity magazine for use solely as a prop for a motion picture, television, or video production.
                    (32)The purchase of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 12095, 12230, 12250, 12286, or 12305, for any of the following purposes:
                    (A)For use solely as a prop for a motion picture, television, or video production.
                    (B)For export pursuant to federal regulations.
                    (C)For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations.
                    - 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

                    • #40
                      SarcoBlaster
                      Senior Member
                      • Jun 2006
                      • 1775

                      For the love of all that is holy, read this thread: http://www.calguns.net/calgunforum/s...d.php?t=387409
                      My buyer/seller feedback.

                      Comment

                      • #41
                        Notorious
                        Veteran Member
                        • Sep 2008
                        • 4695

                        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 got 2 of them. Not kits either. Bought them fair and square fully assembled and ready to roll in my pre-2k registered AW.
                        I like guns

                        Comment

                        • #42
                          Packy14
                          Calguns Addict
                          • Jul 2008
                          • 5312

                          Don't make rebuild kits into complete mags unless they are rebuilding a magazine you already legally owned, otherwise its a felony.
                          NRA Lifetime Member

                          1A-2A = -1A

                          Comment

                          • #43
                            Notorious
                            Veteran Member
                            • Sep 2008
                            • 4695

                            Originally posted by kenshinoro2007
                            Don't make rebuild kits into complete mags unless they are rebuilding a magazine you already legally owned, otherwise its a felony.
                            Unless you are a cop, then manufacture away!
                            I like guns

                            Comment

                            • #44
                              alex00
                              Senior Member
                              • Apr 2006
                              • 839

                              Originally posted by NapaPlinker
                              What if I found them? lol
                              Just don't go finding any betas or other really expensive magazines.

                              one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff's department of the county...

                              Comment

                              • #45
                                Notorious
                                Veteran Member
                                • Sep 2008
                                • 4695

                                Originally posted by alex00
                                Just don't go finding any betas or other really expensive magazines.
                                What is the value of an used Beta Mag? Brand new at $250, when used and dinged up, less than half?
                                I like guns

                                Comment

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