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  • blasterp7
    Senior Member
    • Jan 2009
    • 544

    retired L E and AR magazines

    Ok. question regarding retired LE and possession of AR magazines. I would be helpful if I could find out which magazines I can own and which can be taken to a public range. If you could either answer my question or point me to a thread that does answer the question, it would be much appreciated!!!

    To avoid any confusion, I believe that any laws concerning violation of the 2nd ammendment are wrong for any citizen of the US, be they law enforcement, retired law enforcement, or the rest of the citzenry (which include the vast majority of my friends, family and neighbors).....To this end I have always actively (through letters to representatives and my vote) opposed any laws
    that would infringe upon that right, for all. I am a lifetime member of the NRA since the early 70's. But, I am also a pragmatist, and choose to comply with those unfriendly laws of the state of California.

    My situation: I am a recently retired, after 35+ years, City Police Officer in California (830.1). I have AR's that were acquired in the early 90's and were registered, as required, in the 90's after the first AW ban that occurred in California. I have acquired numerous magazines for these weapons over the years. I choose to remain in California.

    My question: Which of these magazines can be owned by me. and which can be taken to a public range. I have spent the majority of my life at ranges that were law enforcement controlled.

    I am aware that there exist magazines for the AR that are ancient and have no markings at all, there are also ones with dates stamped on them and there are magazines stamped LE/Military only. Which can I own and which can be taken to a range (realizing that there are ranges that have a wide variety of there own restrictions....Thanks!!!
  • #2
    RickD427
    CGN/CGSSA Contributor - Lifetime
    CGN Contributor - Lifetime
    • Jan 2007
    • 9266

    There is a sticky on large capacity magazines that can give you a lot of background.

    Any magazine that you lawfully acquired remains lawful for you to possess.

    There is no relevance to "pre-ban", "post-ban" or to markings on the magazine.

    You can use a lawfully possessed large-capacity magazine on any lawfully configured firearm. Do not use a large-capacity magazine on a BB equipped semi-auto rifle, that would create an illegal assault weapon.

    Be aware that lawfully possessed large-capacity magazines are subject to seizure and destruction as "Nuisances", even though lawfully possessed (refer to Penal Code section 18010(b). This has been covered in other threads. The balance of opinion is that the "Nuisance" provisions would not withstand a legal challenge, but there has not yet been a challenge.
    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

    • #3
      003
      Veteran Member
      • Jul 2010
      • 3436

      Public Where do I find laws regarding the possession of firearms? I'm not sure whether I have a California record that would prevent me from owning/possessing a firearm. Is there a way to find out before I attempt to purchase one? What is the process for purchasing a firearm in California? How can I obtain a Carry Concealed Weapon (CCW) license? Can I give a firearm to my adult child? Can he/she give it back to me later? Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?


      Click the link to the DOJ web site.

      The following is a direct cut and paste from the California DOJ web site. Kamala D. Harris, Attorney General:

      Q. If I have a large-capacity magazine, do I need to get rid of it?

      A. No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers

      Lawfully acquired remains lawful for you to possess and use. As noted above while they can used in a legally registered AW, they cannot be used in an AR with a bullet button. No different than using full capacity pistol magazines that you acquired during your career. If you have a Ruger 10-22, mini 14, or an M1A, you can use any full capacity magazine that you acquired during your career, regardless how it is marked or when it was manufactured.

      As a side issue, I do think it would be a good idea for you to carry a copy of the California DOJ Assault Weapon registration letter you received when you registered your AR (primarily for “know it all” nosy range employees).
      Last edited by 003; 04-27-2013, 7:00 PM.

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      • #4
        CBR_rider
        Veteran Member
        • Jan 2013
        • 2698

        Use 'em and abuse 'em
        Originally posted by bwiese
        [BTW, I have no problem seeing DEA Agents and drug cops hanging from ropes, but that's a separate political issue.]
        Stay classy, CGF and Calguns.

        Comment

        • #5
          da crab
          Member
          • Dec 2009
          • 356

          What about sks with larger mags?

          Comment

          • #6
            rromeo
            Calguns Addict
            • Sep 2009
            • 6981

            Originally posted by da crab
            What about sks with larger mags?
            An SKS with a larger fixed magazine is an assault weapon under SB23. An SKS with a detachable magazine is an assault weapon under the Roberti-Roos list.

            Back on topic now. OP, you can possess any magazines, and use them in your registered assault weapons, but be advised that anything acquired after 2000 is treated differently.
            Example 1, I owned magazines in California prior to 2000, I no longer live in California, but I can bring those magazines back anytime under current law.
            Example 2, You bought some magazines as an LEO in 2005. Now that you are retired, it would be illegal for you to take them out of state and bring them back home again.
            Never initiate force against another. That should be the underlying principle of your life. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

            - from THE SECOND BOOK OF KYFHO
            (Revised Eastern Sect Edition)

            Comment

            • #7
              tahoetarga
              Member
              • Jan 2012
              • 269

              Originally posted by rromeo
              An SKS with a larger fixed magazine is an assault weapon under SB23. An SKS with a detachable magazine is an assault weapon under the Roberti-Roos list.

              Back on topic now. OP, you can possess any magazines, and use them in your registered assault weapons, but be advised that anything acquired after 2000 is treated differently.
              Example 1, I owned magazines in California prior to 2000, I no longer live in California, but I can bring those magazines back anytime under current law.
              Example 2, You bought some magazines as an LEO in 2005. Now that you are retired, it would be illegal for you to take them out of state and bring them back home again.
              So as a retired LEO, who is current on my handgun quals, I cannot go on a trip out of state with any of my standard capacity mags, and bring them back home?? I don't own any small capacity mags. Seems wrong under LEOSA...

              Comment

              • #8
                rromeo
                Calguns Addict
                • Sep 2009
                • 6981

                According to California law, that is correct, if they were acquired after December 31, 2000.
                Never initiate force against another. That should be the underlying principle of your life. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

                - from THE SECOND BOOK OF KYFHO
                (Revised Eastern Sect Edition)

                Comment

                • #9
                  tahoetarga
                  Member
                  • Jan 2012
                  • 269

                  Originally posted by rromeo
                  According to California law, that is correct, if they were acquired after December 31, 2000.
                  All my handguns (and standard capacity mags-all over 10 rounds) were purchased before 2000.

                  Comment

                  • #10
                    rromeo
                    Calguns Addict
                    • Sep 2009
                    • 6981

                    Like I said the first time, if they were acquired before 2000, then there is no problem.
                    Never initiate force against another. That should be the underlying principle of your life. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

                    - from THE SECOND BOOK OF KYFHO
                    (Revised Eastern Sect Edition)

                    Comment

                    • #11
                      Falconis
                      Senior Member
                      • Feb 2008
                      • 1688

                      Originally posted by tahoetarga
                      So as a retired LEO, who is current on my handgun quals, I cannot go on a trip out of state with any of my standard capacity mags, and bring them back home?? I don't own any small capacity mags. Seems wrong under LEOSA...
                      There is the smell test. Maybe this will coin the new legal term of the stupid test. Variation on the previously mentioned test.

                      Comment

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