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- Rich
Originally posted by dantodd -
Maybe a dumb question but can civies legally be in possession of high cap "LEO only" marked mags?_____________________
~E81Comment
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How about this scenario... Say I live with a retired CHP officer. And recently I went to a gun show and purchased some rebuild kits I show him and say "Look we can put these together next time we go to Reno then take them apart before we come back over the border". Well what if he gets bored one day and builds them while I'm at work then give them back to me. Would I then be legally acquiring them even though i bought the kits in the first place, i mean i didn't assemble them.Pew Pew Pew.Comment
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Yes.
That was a part of the Federal AW ban of 1994 that Sunset in 2004.
The Federal ban did not prohibit possession or transfer of high caps, it simply prohibited the manufacture of NEW high caps for civilian use, so any high caps made between 1994 and 2004 are marked LE-only.
As of 2004, that became legally irrelevant. Those mag are now legal for anyone to have in most states, and the mag bodies may be used to rebuild mags that Californians had prior to the ban.- Rich
Originally posted by dantoddComment
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and since black market value has no standing in a court room until it actually sells, the value would be zero. I would suggest that anyone who finds a beta mag either follow the law to be safe, or brush up on their 5th amendment rights in a hurry. and if you find a beta mag sitting our in the woods, go to the nearest store and buy a lottery ticket before your luck runs out.sigpic
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ΜΟΛΩΝ ΛΑΒΕComment
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I like guns
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I don't see the LEO exemption to manufacture large capacity magazines. I see sale to, transfer to, lending to, purchase by, receipt of, or importation into the state by LEOs. It looks like we have to go out of state to legally assemble out rebuild kits, then lawfully import the newly assembled large capacity magazine.
New hypothetical: Person A and LEO B go to NV for a shooting trip. Person A produces several unassembled rebuild kits, and assembles them for the day of shooting. When they drive home to California LEO B puts the assembled large caps in his bag. They get to Person A's house, and LEO B puts the still assembled magazines away.
Did LEO B commit a crime by "giving" the large caps to Person A? Did property ownership change significantly enough from LEO B 'importing' the large capacity magazines?Comment
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It seems so.
The exemption specifies "to or from" but it also goes on to specify the conditions being for use while on duty.
The lack of mere possession being a crime has created some extremely large holes in the interpretation of the law given the wording of the exemptions in section (b).
It really does appear that perhaps the initial legislation prohibited possession and use, and it was stricken during the amendment process prior to the final vote that went to Davis, but it was only stricken from section (a)(2) and the exemptions listed in section (b) were not changed.- Rich
Originally posted by dantoddComment
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So by your interpretation, if I disassemble my duty mags after qualifying, cleaned them, then reassembled them so I can use them for work, then I have just committed the crime of manufacturing? If the crux of that is I can assemble and reassemble mags already owned by me and that's fine, then what about being issued or just given some mag parts by the staff so I can have new mags?
Our armory has tons of parts and they can rebuild mags all day so if they were to say, assemble 1 more mag than what they had bought as complete mags from the dustibutor, then the armorer violated the manufacturing prohibition?I like gunsComment
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LE can manufacture large capacity magazines PC12020(30)(A)(B)"Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022
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I instruct it if you shoot it.Comment
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If you look at (E)(20) it makes no mention of the magazines being for official or duty use. It just says LEOs can import/buy/etc if they are authorized to carry a firearm in the course of their duty.
I think the real question is; did the LEO give the magazines? If I come to your house and put a puzzle together did I give you a puzzle? What if I take the puzzle to my house and put it together and return it to you? Did I actually give you anything you didn't already own?Comment
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I'm officially an idiot for not reading down further.
Even if my wrong assertion that we weren't exempt from manufacturing were true, this wouldn't be an issue. You aren't making a new magazine when you disassemble and clean. Sorry for the earlier confusion.Last edited by alex00; 02-27-2011, 5:18 PM.Comment
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