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Legally moving large-cap mags into Cali

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  • Justaerin
    Junior Member
    • Dec 2010
    • 4

    Legally moving large-cap mags into Cali

    Good evening ladies and gents, I'm currently an AK resident and this is my first post on the forums. Seems to be a great community and a lot of great information - so thank you for that, first of all.

    So I own an XD40 subcompact which includes an 11 round magazine. I've searched both google and this site thoroughly and have come CLOSE to an answer, but nothing that specifically addresses this situation. If I've missed it, I apologize!

    I know it's illegal to bring my large cap mag with me, or ship it. But according to the text of the law, it seems as if I could have a dealer here in AK ship to a dealer in Cali and I could pick it up there, paying only for the shipping? Since I'm not buying the mag (which I know isn't technically illegal either, only "selling") and an authorized dealer would be moving it *I* would not be importing it... I'm not giving or lending... would this be a way to legally get my mag into Cali and keep it? Or am I going to have to have it modded? As many of you know the subcompact's extended mag is actually a grip extension too, which makes the weapon actually fit my hand lol. With the compact mag my pinky is off the grip and is really only useful for me during concealed carry here in AK. Thanks very much!
  • #2
    Cokebottle
    Seņor Member
    CGN Contributor - Lifetime
    • Oct 2009
    • 32373

    You would then be importing. Same law.

    You cannot bring or ship a functional high-cap into California unless you are an FFL with a high-cap permit (and the FFL would not be able to give it to you).

    But there are a couple of options.

    1 - Disassemble the magazine and bring the parts with you. Purchase 10rd magazines for use in California. If you visit friends out of state, you may take your parts kits, reassemble and use them, then break them down before bringing them back into California.

    2 - Disassemble the magazines, bring them with you, and modify them to limit their capacity to no more than 10rds after you get here.

    3 - Modify the magazines before you come to California to limit their capacity to no more than 10 rounds.

    Parts kits are not restricted... only functional magazines.
    - Rich

    Originally posted by dantodd
    A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

    Comment

    • #3
      Justaerin
      Junior Member
      • Dec 2010
      • 4

      Ahhh, yeah I wasn't sure what defined me as an importer. Thank you. I'll likely end up breaking it down and bringing it, then modifying it once I get there. Oh well... Thanks again for the response!

      Comment

      • #4
        tenpercentfirearms
        Vendor/Retailer
        • Apr 2005
        • 13007

        Originally posted by Justaerin
        Ahhh, yeah I wasn't sure what defined me as an importer. Thank you. I'll likely end up breaking it down and bringing it, then modifying it once I get there. Oh well... Thanks again for the response!
        That won't work. The modification has to be permanent.

        Now will an officer ever figure out you have a mag block in there that is only temporary? Probably not. However, according to the letter of the law the modification must be permanent.
        www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

        Comment

        • #5
          Cokebottle
          Seņor Member
          CGN Contributor - Lifetime
          • Oct 2009
          • 32373

          Originally posted by tenpercentfirearms
          That won't work. The modification has to be permanent.
          What won't work? We didn't discuss how to make the modifications.
          - Rich

          Originally posted by dantodd
          A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

          Comment

          • #6
            tenpercentfirearms
            Vendor/Retailer
            • Apr 2005
            • 13007

            Originally posted by Cokebottle
            What won't work? We didn't discuss how to make the modifications.
            And that is why it won't work. Make it clear the modification must be permanent. The OP didn't state if he was visiting or moving in. If he is just visiting, I doubt he is going to screw up his mags permanently for a visit. If he is moving in, then it is possible he is in a hurry and will mess with it when he can.

            It wasn't made clear so I want to make it clear.
            www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

            Comment

            • #7
              Capt. Speirs
              Senior Member
              • Oct 2008
              • 1232

              The OP might not know what is permanent.
              _____________________________________________
              South Coast Outdoorsman
              2736 E Chapman Ave
              Orange CA 92869
              714-532-4867
              T - F (11 - 7pm) Sat (10 - 5pm) - closed Sun & Mon
              _____________________________________________

              Comment

              • #8
                tenpercentfirearms
                Vendor/Retailer
                • Apr 2005
                • 13007

                Originally posted by Capt. Speirs
                The OP might not know what is permanent.
                He is no different than the rest of us.
                www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

                Comment

                • #9
                  MyMalteseFalcon
                  Senior Member
                  • Oct 2010
                  • 779

                  So, how does one permanently modify a high capacity mag to make it Calif legal?

                  If they are 11 rds, and the legal is 10, would he have to cut down the mag to make it permanent or is there another route??

                  What about high capacity mags that are here in Calif already?

                  Do they need to be broken down in to kit form to have and own them?
                  ~~ Happiness is a warm gun!! ~~

                  Comment

                  • #10
                    tenpercentfirearms
                    Vendor/Retailer
                    • Apr 2005
                    • 13007

                    Originally posted by MyMalteseFalcon
                    So, how does one permanently modify a high capacity mag to make it Calif legal?
                    There is no definition of permanent. So a good rule of thumb is permanent means you would have to destroy the mag in order to make it non-permanent again.

                    Originally posted by MyMalteseFalcon
                    If they are 11 rds, and the legal is 10, would he have to cut down the mag to make it permanent or is there another route??
                    Cutting down the mag sounds pretty permanent.

                    Originally posted by MyMalteseFalcon
                    What about high capacity mags that are here in Calif already?
                    As long as they were lawfully obtained prior to 2000. I think the statute of limitations is also three years.

                    Originally posted by MyMalteseFalcon
                    Do they need to be broken down in to kit form to have and own them?
                    If they were not purchased prior to 2000, yes. If they were, no.
                    www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

                    Comment

                    • #11
                      MyMalteseFalcon
                      Senior Member
                      • Oct 2010
                      • 779

                      Gee, sounds like a no win situation.

                      What's next fixed magazines on your weapon so you won't re-load fast!
                      ~~ Happiness is a warm gun!! ~~

                      Comment

                      • #12
                        geeknow
                        Lifetime Contributor #1
                        CGN Contributor - Lifetime
                        • Aug 2007
                        • 3144

                        Originally posted by MyMalteseFalcon
                        Gee, sounds like a no win situation.

                        What's next fixed magazines on your weapon so you won't re-load fast!
                        1. welcome to calguns.
                        2. your post was AWESOME.

                        Comment

                        • #13
                          MyMalteseFalcon
                          Senior Member
                          • Oct 2010
                          • 779

                          Well, CalGuns didn't write the laws we have to abide by. But they make sure in this forum that everybody tries to abide by them. And that's how it should be everywhere.

                          The second amendment states; "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed".

                          This still holds true, but in this day and age it's more like, " a well informed militia shall have the right to bare arms..."

                          I'm sure whats going this day and age would surely piss off our founding fathers...But as honest Americans we have to live by the law, least go on an extended vacition and no one wants that.
                          ~~ Happiness is a warm gun!! ~~

                          Comment

                          • #14
                            MyMalteseFalcon
                            Senior Member
                            • Oct 2010
                            • 779

                            Oh yes, thanks for the welcome.

                            Happy Holidays everyone!

                            Let's hope next year they don't repeal the second amendment!

                            I think they might have a problem in doing that...
                            ~~ Happiness is a warm gun!! ~~

                            Comment

                            • #15
                              Cokebottle
                              Seņor Member
                              CGN Contributor - Lifetime
                              • Oct 2009
                              • 32373

                              Originally posted by MyMalteseFalcon
                              This still holds true, but in this day and age it's more like, " a well informed militia shall have the right to bare arms..."
                              Wow.

                              20 post newbie and that's sig material!
                              - Rich

                              Originally posted by dantodd
                              A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                              Comment

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