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  • #16
    Falconis
    Senior Member
    • Feb 2008
    • 1688

    not to get off subject, but you can get banned from OT?

    Comment

    • #17
      TRICKSTER
      I need a LIFE!!
      • Mar 2008
      • 12438

      Originally posted by Falconis
      not to get off subject, but you can get banned from OT?
      Yep! I guess you have to be a special kind of stupid, but it happens.


      Never underestimate the power of stupid people in large groups

      Comment

      • #18
        Heiko
        Senior Member
        • Jul 2008
        • 1025

        I think this might be getting overly complicated as I'm sure Falconis, nor none of us, would put in a will that "I bequeath my high capacity magazines to my wife, should she survive me". The reality as I see it is that said wife/spouse would find the magazines (and your Internet browsing history) and that does not run afoul of selling offering for sale, importing, causing to import, manufacturing, etc, etc. That all pertains to the person who is giving, loaning, importing, manufacturing, etc, the magazines. She is doing none of those things and indeed, it is not illegal to possess high capacity magazines.

        Under these circumstances, she could not be prosecuted for old 12020(a)(2)/new 32310 for finding them and possessing them. How she disposes of them is a different story. If she puts them on Calguns for sale or gives them away as complete magazines then she would run afoul of the law. She could sell them out of state, sell them as parts, or probably turn them in to local LE for destruction.

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        • #19
          RickD427
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Jan 2007
          • 9279

          Originally posted by Falconis
          Let's say I finally kick the bucket and for whatever insane reason my wife decides to stay in California. As a cop I've made numerous purchases over my career such as a lot of high capacity magazines.

          With California being a communal property state and us being married for over the 3 year time limit for statutes, wouldn't she be in legal possession of said magazines by default?
          Falconis,

          IANAL - But I do agree with the community property theory. They're her magazines also. Possession is lawful.
          If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

          Comment

          • #20
            Heiko
            Senior Member
            • Jul 2008
            • 1025

            I don't even think it has to be a community property thing. If you were out shooting in the desert and found a 30 round magazine or if you were cleaning out grandpa's attic and found 20 round M1 Carbine magazines you still haven't violated 32310 and are GTG.

            Comment

            • #21
              adarak
              Member
              • Jan 2013
              • 102

              What if there is no transfer and she simply finds them in her garage stored in a box? I asked the same question in another thread about my friend finding a dozen magazines left behind by his roommate. Can they be kept and used?

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              • #22
                Heiko
                Senior Member
                • Jul 2008
                • 1025

                Originally posted by adarak
                What if there is no transfer and she simply finds them in her garage stored in a box? I asked the same question in another thread about my friend finding a dozen magazines left behind by his roommate. Can they be kept and used?
                Read above posts.

                Comment

                • #23
                  adarak
                  Member
                  • Jan 2013
                  • 102

                  Originally posted by Heiko
                  Read above posts.
                  So there is no violation even hough the magazines were definitely manufactured, at most, two years ago? These were magazines for a 715T which didn't exist up until recently.

                  Comment

                  • #24
                    Librarian
                    Admin and Poltergeist
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 44693

                    Originally posted by adarak
                    So there is no violation even hough the magazines were definitely manufactured, at most, two years ago? These were magazines for a 715T which didn't exist up until recently.
                    Please read the Magazine Qs link, below in my signature. The words mean exactly what they say.
                    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!

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