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30 round mag and me the Permit holder

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  • SEABUG32
    Member
    • Jan 2010
    • 145

    30 round mag and me the Permit holder

    Can we still use in our upcoming AW at the range or are we limited to having and not able to use them?
  • #2
    M1NM
    Calguns Addict
    • Oct 2011
    • 7966

    When the new law goes into effect all 30 round mags will be illegal. No more grandfathered mags allowed. You are no longer allowed to possess them. Options block to 10 rounds. Destroy. Send out of state. It's also illegal for you to offer them for sale.

    Comment

    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44640

      Is it the case that you are an FFL and have a large-capacity magazine permit?

      Section 32410 of the Penal Code is amended to read:

      32410. Section 32310 does not apply to the sale , or purchase , or possession of any large-capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive.
      26700 is the CA licensed FFL.
      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      Frozen in 2015, it is falling out of date and I can no longer edit the content.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!

      Comment

      • #4
        SEABUG32
        Member
        • Jan 2010
        • 145

        Yes I am FFL with high cap mag permit to clarify!!! Thanks again

        Comment

        • #5
          SantaCabinetguy
          I need a LIFE!!
          • Feb 2011
          • 15137

          Follow up on this:

          New law explicitly states "retired LE" in regards to LE who have acquired personal LCMs.

          New law does not state anything about magazine disposition once an FFL closes up shop and no-longer has a HCMP.

          > Are personally owned LCMs acquired by a permitee who no-longer has a HCMP allowed to be kept after they no-longer have their permit?
          Hauoli Makahiki Hou


          -------

          Comment

          • #6
            SEABUG32
            Member
            • Jan 2010
            • 145

            Yes I would like that question answerd too , It doesnt say anywhere I can see, But it might just put you as an average Joe and be illegal.

            Comment

            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30241

              Originally posted by Ubermcoupe
              Follow up on this:

              New law explicitly states "retired LE" in regards to LE who have acquired personal LCMs.

              New law does not state anything about magazine disposition once an FFL closes up shop and no-longer has a HCMP.

              > Are personally owned LCMs acquired by a permitee who no-longer has a HCMP allowed to be kept after they no-longer have their permit?
              Nope.
              Need to be a CA FFL and have a valid large capacity magazine permit in order to be exempt.

              Prop 63 made changes so that, starting 07-01-2017, possession of a large capacity magazines is an infraction/misdemeanor wobbler ($100 fine per magazine + court fees and/or up to 1 year in jail).

              The only exemptions to this is for a:
              ... CA FFL with large capacity magazine permits [PC 32410]
              ... "gunsmith" (CA FFL) [PC 32425]
              ... Gov/Mil/LE agencies [PC 32400]
              ... LEOs [PC 32405]
              ... "honorably retired" LEOs [PC 32406]
              ... armed vehicle company and their employees, while in the performance of their duties [PC 32435]
              ... Dangerous Weapons Permit holders [PC 32450].



              Penal Code 33210
              (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 ( commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
              (b) For purposes of this section, "manufacturing" includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine.
              (c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
              (d) Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017 shall, prior to July 1, 2017:
              (1) Remove the large-capacity magazine from the state;
              (2) Sell the large-capacity magazine to a licensed firearms dealer; or
              (3) Surrender the large-capacity magazine to a law enforcement agency for destruction.

              Penal Code 32400
              Section 32310 does not apply to the sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.

              Penal Code 32405
              Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, possession of, or importation into this state of, a large-capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer's duties.

              Penal Code 32406
              Section 32310 (c) does not apply to an honorably retired sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or honorably retired sworn federal law enforcement officer, who was authorized to carry a firearm in the course and scope of that officer's duties. "Honorably retired" shall have the same meaning as provided in Section 16690.

              Penal Code 16690
              As used in Sections 25650 and 26020, Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4, and Article 3 (commencing with Section 25900) of Chapter 3 of Division 5 of Title 4, "honorably retired" includes any peace officer who has qualified for, and has accepted, a service or disability retirement. As used in those provisions, "honorably retired" does not include an officer who has agreed to a service retirement in lieu of termination.

              Penal Code 32410
              Section 32310 does not apply to the sale, purchase, or possession of any large-capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive.

              Penal Code 32425
              (a) The lending or giving of any large-capacity magazine to a person licensed pursuant to Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine.
              (b) The possession of any large-capacity magazine by a person specified in subdivision (a) for the pmposes specified in subdivision (a).
              (c) The return to its owner of any large-capacity magazine by a person specified in subdivision (a).

              Penal Code 16630
              As used in this part, "gunsmith" means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person.

              Penal Code 32435
              (a) The sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine, to or by any entity that operates an armored vehicle business pursuant to the laws of this state.
              (b) The lending of large-capacity magazines by an entity specified in subdivision (a) to its authorized employees, while in the course and scope of employment for purposes that pertain to the entity's armored vehicle business.
              (c) The possession of any large-capacity magazines by the employees of an entity specified in subdivision (a) for purposes that pertain to the entity's armored vehicle business.
              (d) The return of those large-capacity magazines to the entity specified in subdivision (a) by those employees specified in subdivision (b ).

              Penal Code 32450
              Section 32310 does not apply to the purchase or possession of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 31000, 32650, or 33300, or pursuant to Article 3 ( commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division, for any of the following purposes:
              (a) For use solely as a prop for a motion picture, television, or video production.
              (b) For export pursuant to federal regulations.
              (c) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations.
              Last edited by Quiet; 11-28-2016, 9:28 AM. Reason: added new PC cites
              sigpic

              "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

              Comment

              • #8
                SantaCabinetguy
                I need a LIFE!!
                • Feb 2011
                • 15137

                Originally posted by Quiet
                Nope.
                Need to be a CA FFL and have a valid large capacity magazine permit in order to be exempt.

                Prop 63 made changes so that, starting 07-01-2017, possession of a large capacity magazines is an infraction/misdemeanor wobbler ($100 fine per magazine + court fees and/or up to 1 year in jail).

                The only exemptions to this is for a:
                ... CA FFL with large capacity magazine permits [PC 32410]
                ... "gunsmith" (CA FFL) [PC 32425]
                ... Gov/Mil/LE agencies [PC 32400]
                ... LEOs [PC 32405]
                ... "honorably retired" LEOs [PC 32406]
                ... armed vehicle company and their employees, while in the performance of their duties [PC 32435]
                ... Dangerous Weapons Permit holders [PC 32450].
                Just to confirm - an FFL who at one-time had a HCMP and legally acquired LCMs - now that prop 63 has passed - must dispose of them once they give up their HCMP (though selling out of state, blocking to <10 rds, destroying, turn in to LEA, etc...)?

                Sad day indeed.
                Hauoli Makahiki Hou


                -------

                Comment

                • #9
                  Quiet
                  retired Goon
                  • Mar 2007
                  • 30241

                  Originally posted by Ubermcoupe
                  Just to confirm - an FFL who at one-time had a HCMP and legally acquired LCMs - now that prop 63 has passed - must dispose of them once they give up their HCMP (though selling out of state, blocking to <10 rds, destroying, turn in to LEA, etc...)?

                  Sad day indeed.
                  Yes.
                  sigpic

                  "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                  Comment

                  • #10
                    SEABUG32
                    Member
                    • Jan 2010
                    • 145

                    worth keeping the FFL And Gunsmithing going for that, Now can you use them at the range still or just keep them at the shop????

                    Comment

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