Retired Peace Officers and Standard Capacity Mags

[ChamberCheck]

Hi all. I have been searching for an answer, but not sure if I have found the right info considering last year's round of legislation. Sorry if this has been covered before.

I have a number of handguns with standard capacity mags that I have acquired over my career...some pre 2000 and some post. I am due to retire in 2 years. As far as I know, "possession" of standard mags is not illegal, as long as they were acquired before 2000 (for the non-peace officer). What about the standard mags I acquired after then? As a retired peace officer, where do I stand with those mags. Any issues? Thanks and regards.

Dave

[Ron-Solo]

As long as you acquired them legally, you may keep them. Like you said, possession is not illegal. Once you retire, you can not purchase them anymore, so get what you need before you pull the plug.

BTW, retirement rocks!

[SoCalDep]

^ What he said.

[Librarian]

One oddity - it may well be illegal to take out of state and return with any acquired after 2000.

32420. Section 32310 does not apply to 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 same large-capacity magazine.

How that might be enforced, or detected, is a matter for speculation beyond my powers.

[skyhanger00]

Also, I hope you don't live in San Francisco or Sunnyvale, or some of those cities that enacted ordinances banning retroactive possession of hi caps.

[p7m8jg]

As long as you acquired them legally, you may keep them. Like you said, possession is not illegal. <snip>

It's always amazed me how many LE don't read that section and still believe that simple possession of high-cap mags is illegal. The title of the Penal Code section is misleading to many where it says in bold: "unlawful possession." The text of the law itself refers to purchase, import, sell, manufacture, etc., not simple possession.

The only caveat is "as long as you acquired them legally" in the first place. I get cases where someone has a high-cap mag & the cop wants them prosecuted for simple possession without getting more facts about how or when it was acquired. Not gonna happen.....

[stormvet]

Once the OP retires, can he still carry his standard capacity mags. I think this is the question. We all know he can keep them, but can he use them?

[CaptMike]

Yes he can carry them. Possesion and use is not the issue. Did they aquire the.magazine legally is at issue. Since he aquired them as a peace officer or before the the law changed then he can keep and use without problems.

[stormvet]

Good to know, thanks Capt. I'm close to being in the same position as the OP. I thought we were good to go once we hung up the badge but nice to get conformation.

[ChamberCheck]

Guys, thanks for all of the info. As I understand it, I guess the hook for me (us) is the "legal acquisition" more than the year 2000 cutoff for purchase like the rest of the folks in the state. I spent time looking for an actual retired PO exception but (obviously) could not find it. I was thinking that the law was more "silent" on this issue...hence, no problem.

And, yes, as pointed out, I was more concerned with use, as I found myself staring at the premise I was going to have to go out and get a bunch of 10 round mags. Thanks again for the info. Regards.

Dave