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[leman77]

xxx

[kemasa]

The safety demo needs to be done, but it can be done at the start of the transfer so you can bring the magazine and use it, then take it with you. If it is a common firearm, the FFL might have a magazine which can be used.

[tenpercentfirearms]

Or if the customer comes in with their own magazine, that would work too.

I would say if the buyer was a police officer, I would let them keep the mag with the gun, but since it is illegal to sell the magazine, I would be helping the seller commit a crime.

[EBR Works]

...or an FFL who has a large cap mag permit could accept the firearm and large cap mags, do the safety demo (assuming it's a handgun) with the same mags and then disassemble the mags into rebuild kits for the buyer. It is the buyer's responsibility to follow the law with the disassembled mags. He could use them out of state or create permanent 10 round mags with the kits.
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[tenpercentfirearms]

...or an FFL who has a large cap mag permit could accept the firearm and large cap mags, do the safety demo (assuming it's a handgun) with the same mags and then disassemble the mags into rebuild kits for the buyer. It is the buyer's responsibility to follow the law with the disassembled mags. He could use them out of state or create permanent 10 round mags with the kits.

I'd be careful about that.

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:
(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.

Really the problem with the magazine law is it really is the person who has possession of them that is going to get in trouble. As dealers we can do whatever we want, but that also has to do with the fact that buying is not illegal. So if were to in theory sell large capacity magazines to a regular Joe, no law would be broken. But a regular Joe can't do anything with magazines to us as that just about puts them into the "keeps for sale, offers or exposes for sale, gives, or lends". They can't do that as it is a crime.

So in this case and in all cases, it is best if the seller never lets the FFL see any such magazines. If I saw a guy walk in to do his safety demonstration and he had a large capacity magazine, I have no idea where it came from nor do I care. If the seller gave me the magazines, the seller could be facing a year in jail and I might get nailed on conspiracy charges.

Correction.

(b) Subdivision (a) does not apply to any of the following:
(24) The lending or giving of any large-capacity magazine to a person licensed pursuant to Section 12071, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine.

So never mind, if the seller gave the magazines to a dealer, it might not be illegal. I would still prefer to have nothing to do with it.

[INDABZ]

FFL could use a similar gun that they have for the DEMO.....

[BannedinBritain]

FFL could use a similar gun that they have for the DEMO.....

^^This. Safety demo is a joke.

[EBR Works]

Wes,

Thanks for the advice. I'll ponder this further.
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[ke6guj]

Or if the customer comes in with their own magazine, that would work too.

I would say if the buyer was a police officer, I would let them keep the mag with the gun, but since it is illegal to sell the magazine, I would be helping the seller commit a crime.

I know of a couple LEOs that were selling handguns that had large-cap magazines. I suggested to them that they keep one mag assembled and break down any others to parts kits. then, when they met the buyer for the PPT DROS, to lend the magazine to the buyer just long enough to do the handgun safety demo. Should be legal under 12020(b)(22).

12020(b)(22) The loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met:
(A) The person being loaned the large-capacity magazine is not prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition.
(B) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.

then, once the demo requirement has been satisfied, the seller could keep the magazine for himself, or could break down the magazine into parts and give them to the buyer.

FFL could use a similar gun that they have for the DEMO.....

the PC says "that firearm" and the HSD affidavit says "of the same exact make and model".

[leman77]

Thank you all for your help!