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"Hi-Cap mags" ?

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  • doc8404
    Junior Member
    • Jul 2011
    • 86

    "Hi-Cap mags" ?

    I was pulled over by a CHP officer on Inerstate 15 and yes i was speeding. The officer noticed that i had my gun cases in the back of my truck and asked if could make sure they were "free and clear".(I Know never agree to a search, I learned) Thinking i was good i asked if i could step out and accompany him. There were no issues but i have a a 10/22 that i purchased recently out of state. (I am active duty military and recently transfered into Cali). The 10/22 came with the ruger BX-25 round magizines. The officer told me i was carrying High Capacity magazines. I explained to the officer that they came with the weapon and are just stored with it. I also had two ten round mags next to it as well. He let me keep my bx-25's and gave me a warning.
    So my question is am i allowed to transport my firearms with no amunition in the gun or magazines but have my 25 round mags for the 10/22 in the gun box i transport my firearms in?
  • #2
    Sir Stunna Lot
    Senior Member
    • Aug 2010
    • 845

    the best advice:
    take apart your bx25 and it will no longer be a "mag" but a "kit" instead
    Hi

    Comment

    • #3
      BraveUlysses
      Member
      • Oct 2008
      • 224

      It sounds like to me that you admitted to the officer that you (perhaps unknowingly) committed a crime, importing a magazine into the state that holds more than ten rounds. You can't import mags into CA that have a capacity of more than 10 rounds.

      It also sounds like he was a pretty cool guy and wan't too concerned you or about your 22 rimfire mag. He took the opportunity to educate you a bit instead of royally screwing up your life, which I think he could have done.

      In my experience every cop I've ever encountered falls in to this category. I've never met one of these evil cops that some keep talking about.

      Comment

      • #4
        CSACANNONEER
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Dec 2006
        • 44094

        As long as you possessed those exact +10 round mags in Ca prior to 1-1-00, it's perfectly legal to have them here now. Since you admitted that you recently got them (and the fact they were not made then), you admitted to a crime.
        NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
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        Comment

        • #5
          bohoki
          I need a LIFE!!
          • Jan 2006
          • 20825

          confused you should be i was unaware of any law against "transporting hi-caps" unless its into california

          Comment

          • #6
            WDE91
            Veteran Member
            • Jul 2010
            • 3513

            If you going to be a gun owner I highly advise knowing the laws
            What you choose to do with that knowledge is your own decision

            But know the system,work the system

            you very easily could have just said that they are you magazines and left it at that
            It is good to know the laws because you unknowingly admitted a crime to a cop...
            "Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms." James Madison

            Comment

            • #7
              BigDogatPlay
              Calguns Addict
              • Jun 2007
              • 7362

              You purchased the 10-22 outside of California and later became a California resident (perhaps temporarily) by PCSing. Given that you are active duty and just recently here the officer was kind enough to cut you a major sprout. Bringing that >10 round capacity magazine into California completes a felony crime for which he could have arrested you on the spot.

              Since, essentially, you copped out to the officer that you had (perhaps unknowingly) committed a felony.... and you have also copped out to it on a public web forum, you are now fully aware that the importation into California of the magazine in question was and continues to be a felony.

              My advice.... lose the 25 rounder. Mail it to your family out of state to hold for you or break it down to parts. While possession is not against the law, importation is. Don't mess with potentially catching a felony which would lose your gun rights to you forever.... and which probably wouldn't make your command very happy either.
              -- Rifle, Pistol, Shotgun

              Not a lawyer, just a former LEO proud to have served.

              Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

              Comment

              • #8
                doc8404
                Junior Member
                • Jul 2011
                • 86

                Well thank you guys, I was given different advise before i left my last duty station. They have officially been mailed home to family until i PCS again.

                Comment

                • #9
                  Bobby Ricigliano
                  Mit Gott und Mauser
                  CGN Contributor
                  • Feb 2011
                  • 17439

                  You got lucky since you basically admitted to a crime.

                  However I am glad he cut you loose. As a former Soldier and current LEO, I would have done the same thing. I'm not going to ruin the life of one of our nation's best because of an unintentional error like that.

                  Comment

                  • #10
                    Notorious
                    Veteran Member
                    • Sep 2008
                    • 4695

                    Now don't go and bite the hand that freed ya and file a complaint against the officer for something else and say he didn't arrest you because he had nothing. That's what always happens with people you cut a break to, they file a complaint.
                    I like guns

                    Comment

                    • #11
                      rooster85
                      Senior Member
                      • May 2010
                      • 680

                      Take it apart and make it a kit like previously stated. That way if youre asked about your mag again, its just a kit.
                      Looking for : Savage 24 .30-30/12 Ga
                      Marlin 336 .35 Rem

                      Comment

                      • #12
                        CalCop
                        Senior Member
                        • Nov 2008
                        • 573

                        Originally posted by Bobby Ricigliano
                        You got lucky since you basically admitted to a crime.

                        However I am glad he cut you loose. As a former Soldier and current LEO, I would have done the same thing. I'm not going to ruin the life of one of our nation's best because of an unintentional error like that.
                        The only error was admitting importation. Possession is not illegal.
                        "Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent upon every citizen."
                        -- Sir Robert Peel

                        Comment

                        • #13
                          Bobby Ricigliano
                          Mit Gott und Mauser
                          CGN Contributor
                          • Feb 2011
                          • 17439

                          Originally posted by CalCop
                          The only error was admitting importation. Possession is not illegal.
                          Indeed, this is true. The crime I was suggesting was the admitted importation, not the mere possession.

                          Comment

                          • #14
                            Bobby Ricigliano
                            Mit Gott und Mauser
                            CGN Contributor
                            • Feb 2011
                            • 17439

                            Originally posted by A-J
                            Personally, I will never consent to a search. Of course, I never do something that'll get me pulled over when I have guns in the car. Sounds like you got the right officer on the right day, given some experiences of others here on the board.
                            Luckily for me, I have usually developed the independent PC to conduct a non-consensual vehicle search prior to asking for consent, if it is a vehicle I want to search.

                            If it is Joe Calgunner coming to and fro with his properly secured firearms I have no interest in tossing his vehicle anyway. Most cops know the difference between Joe Citizen and Joe Dirtbag. It is Mr. Dirtbag that gets all my attention.

                            Comment

                            • #15
                              Notorious
                              Veteran Member
                              • Sep 2008
                              • 4695

                              If you have guns bouncing around in the bed of your truck, it's plain view as to the gun cases but he can't open them and search for magazines without your consent unless you make statements otherwise.
                              I like guns

                              Comment

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