Unconfigured Ad Widget

Collapse

Check your Beretta 92's for high caps

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • SVT-40
    I need a LIFE!!
    • Jan 2008
    • 12894

    Check your Beretta 92's for high caps

    Twice this past year I found 15 round mags in boxes of new Beretta 92FS pistols. Both boxes were marked as having ten round mags. But each contained two 15 round mags. They were direct from distributors.

    Just info only!!!
    Poke'm with a stick!


    Originally posted by fiddletown
    What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.
  • #2
    CavTrooper
    Calguns Addict
    • Jul 2007
    • 5944

    Originally posted by SVT-40
    Twice this past year I found 15 round mags in boxes of new Beretta 92FS pistols. Both boxes were marked as having ten round mags. But each contained two 15 round mags. They were direct from distributors.

    Just info only!!!
    Is there a law against receiving hi caps?

    Comment

    • #3
      Mssr. Eleganté
      Blue Blaze Irregular
      CGN Contributor - Lifetime
      • Oct 2005
      • 10401

      Originally posted by CavTrooper
      Is there a law against receiving hi caps?
      I think the issue (here in the FFL's forum anyway) is that a California dealer might accidently sell or offer for sale a large capacity magazine that came packaged with a Beretta.
      __________________

      "Knowledge is power... For REAL!" - Jack Austin

      Comment

      • #4
        SVT-40
        I need a LIFE!!
        • Jan 2008
        • 12894

        I think the issue (here in the FFL's forum anyway) is that a California dealer might accidentally sell or offer for sale a large capacity magazine that came packaged with a Beretta.
        As above. 100 % correct.

        Check the exact wording of 12020 PC. See the highlighted area which is applicable to "high capacity" magazines.

        12020. (a) Any person in this state who does any of the following
        is punishable by imprisonment in a county jail not exceeding one year
        or in the state prison:
        (1) Manufactures or causes to be manufactured, imports into the
        state, keeps for sale, or offers or exposes for sale, or who gives,
        lends, or possesses any cane gun or wallet gun, any undetectable
        firearm, any firearm which is not immediately recognizable as a
        firearm, any camouflaging firearm container, any ammunition which
        contains or consists of any flechette dart, any bullet containing or
        carrying an explosive agent, any ballistic knife, any multiburst
        trigger activator, any nunchaku, any short-barreled shotgun, any
        short-barreled rifle, any metal knuckles, any belt buckle knife, any
        leaded cane, any zip gun, any shuriken, any unconventional pistol,
        any lipstick case knife, any cane sword, any shobi-zue, any air gauge
        knife, any writing pen knife, any metal military practice
        handgrenade or metal replica handgrenade, or any instrument or weapon
        of the kind commonly known as a blackjack, slungshot, billy,
        sandclub, sap, or sandbag.
        (2) Commencing January 1, 2000, manufactures or causes to be
        manufactured, imports into the state, keeps for sale, or offers or
        exposes for sale, or who gives, or lends, any large-capacity
        magazine.


        So although we have a high cap permit which allows us to import and sell them. We can only sell to LEO's and other authorized persons. If we were to knowingly import or sell a "high Cap" to a non LEO it would be a violation.

        Just a heads up so no dealer runs into trouble. If it only occurred once I would not have posted. But since it happened twice to us I'm sure others may have also had it happen to them.

        Forewarned is forearmed!!
        Poke'm with a stick!


        Originally posted by fiddletown
        What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

        Comment

        • #5
          jtmkinsd
          Senior Member
          • Mar 2010
          • 2352

          Always check every box that comes in...i've gotten many a handgun that was "supposed" to have a 10 round mag with it actually have a high capacity mag in the box...always check.

          Sig is notorious for this.
          Originally posted by orangeglo
          Welcome to failtown, population = you.

          Comment

          • #6
            11Z50
            Banned
            • Sep 2002
            • 1997

            Make them repair kits.

            Comment

            • #7
              kemasa
              I need a LIFE!!
              • Jun 2005
              • 10706

              You might want to read 12020(b):

              (b) Subdivision (a) does not apply to any of the following:
              ...
              (21) The sale or purchase of any large-capacity magazine to or by
              a person licensed pursuant to Section 12071.
              There is no restrictions on who the magazines can be sold to, but I would not recommend that you do this unless you want to be put out of business and get free room and board. If you have enough money and time, then you should be able to win, which would be a win for everyone.

              With that said, you should always check what arrives to make sure that it is what you expected and that the serial number matches the paperwork.
              Kemasa.
              False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

              Don't tell someone to read the rules he wrote or tell him that he is wrong.

              Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

              Comment

              • #8
                Munk
                Senior Member
                • Jun 2010
                • 2124

                Originally posted by kemasa
                You might want to read 12020(b):



                There is no restrictions on who the magazines can be sold to, but I would not recommend that you do this unless you want to be put out of business and get free room and board. If you have enough money and time, then you should be able to win, which would be a win for everyone.

                With that said, you should always check what arrives to make sure that it is what you expected and that the serial number matches the paperwork.
                I've heard about this before, and it's been brought up a couple times... the problem is, nobody is willing to test it. It would be a big sink of time and money, and would require someone to effectively give up their business until the court sorted things out.

                Is it technically legal for someone licensed under 12071 to sell them? Yes, at least as far as the law is written. It's illegal for normal folks to sell them, unless to an FFL, yet it's Theoretically and Definitionally legal for FFLs to sell them to pretty much anyone.
                I really wish someone would get this rolling.

                Below I've included statutory definitions of licensees, and of the 12020 exemption that was listed below.

                Now to find an FFL who's willing to go out of business during the fight to make this happen.
                Originally posted by 12071
                (a) (1) As used in this chapter, the term "licensee,"
                "person licensed pursuant to Section 12071," or "dealer" means a
                person who has all of the following:
                (A) A valid federal firearms license.
                (B) Any regulatory or business license, or licenses, required by
                local government.
                (C) A valid seller's permit issued by the State Board of
                Equalization.
                (D) A certificate of eligibility issued by the Department of
                Justice pursuant to paragraph (4).
                (E) A license issued in the format prescribed by paragraph (6).
                (F) Is among those recorded in the centralized list specified in
                subdivision (e).
                (4) A person may request a certificate of eligibility from the
                Department of Justice. The Department of Justice shall examine its
                records and records available to the department in the National
                Instant Criminal Background Check System in order to determine if the
                applicant is prohibited by state or federal law from possessing,
                receiving, owning, or purchasing a firearm and issue a certificate to
                an applicant if the department's records indicate that the applicant
                is not a person who is prohibited by state or federal law from
                possessing firearms.

                (6) A license granted by the duly constituted licensing authority
                of any city, county, or city and county, shall be valid for not more
                than one year from the date of issuance and shall be in one of the
                following forms:
                (A) In the form prescribed by the Attorney General.
                (B) A regulatory or business license that states on its face
                "Valid for Retail Sales of Firearms" and is endorsed by the signature
                of the issuing authority.
                (C) A letter from the duly constituted licensing authority having
                primary jurisdiction for the applicant's intended business location
                stating that the jurisdiction does not require any form of regulatory
                or business license or does not otherwise restrict or regulate the
                sale of firearms.

                Originally posted by 12020
                12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
                (1) {Snipped listing of all the random odds and ends that are illegal to sell}
                (2) Commencing January 1, 2000, manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine.
                (3) {Concealed explosives}
                (4) {Concealed dirk or dagger}
                (b) Subdivision (a) does not apply to any of the following:
                (21) The sale or purchase of any large-capacity magazine to or by a person licensed pursuant to Section 12071.

                IANAL so take this with a grain of salt. I'm just a guy who's taken a few law classes during other studies.
                Originally posted by greasemonkey
                1911's instill fairy dust in the bullets, making them more deadly.

                Comment

                • #9
                  kemasa
                  I need a LIFE!!
                  • Jun 2005
                  • 10706

                  Yep, unless a class action lawsuit could be done since all FFLs are prohibited due to what the CA DOJ says.
                  Kemasa.
                  False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

                  Don't tell someone to read the rules he wrote or tell him that he is wrong.

                  Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

                  Comment

                  • #10
                    Doheny
                    I need a LIFE!!
                    • Sep 2008
                    • 13820

                    I know a guy.....

                    Who wasn't a LEO but is someone who can get in the front door of ProForce in Brea. He bought a Glock23 and it came with three high-caps, rather than ten-rounders.
                    Sent from Free America

                    Comment

                    Working...
                    UA-8071174-1