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3 years statute of limitations on high cap mag violation?

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  • Bobby Hated
    Senior Member
    • Oct 2010
    • 1616

    3 years statute of limitations on high cap mag violation?



    "A district attorney must prove that a violator has actually imported or manufactured a large capacity magazine within the last three years."

    (taken from bottom of CGF page on link)

    so i was reading this page on the CGF explanation of the legality of hi-cap mags and i noticed it says "within the last three years." does that mean there is a 3 year statute of limitations on a charge for violating the hi-cap mag importation/manufacture ban?

    so all people have to do is admit to the crime and claim they committed it > 3 years ago and its up to the DA to prove otherwise?

    not that you should say anything if a LEO is giving you a hard time over hi-cap mags. but that seems like a get out of jail free card type loophole to me. is my interpretation correct?
    USPSA Master TY-71084

  • #2
    Bobby Hated
    Senior Member
    • Oct 2010
    • 1616

    oops, wrong forum. MODs please move to 2A forum. thanks.
    USPSA Master TY-71084

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    • #3
      therealnickb
      King- Lifetime
      CGN Contributor - Lifetime
      • Oct 2011
      • 8919

      Ummm, go ahead and admit that you broke the law. See how that works out for you.

      Comment

      • #4
        GrizzlyGuy
        Gun Runner to The Stars
        CGN Contributor - Lifetime
        • May 2009
        • 5468

        Your interpretation is correct: the statute of limitations for any of the large-capacity magazine crimes (importation, manufacturing, etc.) is 3 years.
        Gun law complexity got you down? Get the FAQs, Jack!

        sigpic

        Comment

        • #5
          kemasa
          I need a LIFE!!
          • Jun 2005
          • 10706

          Yes, but they might take the magazines if you admit that you violated the law, even if they don't charge you. There was a slight change in the law when they renumbered the sections.

          32390. 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 large-capacity magazine is a
          nuisance and is subject to Section 18010.

          18010. (a) The Attorney General, district attorney, or city
          attorney may bring an action to enjoin the manufacture of,
          importation of, keeping for sale of, offering or exposing for sale,
          giving, lending, or possession of, any item that constitutes a
          nuisance under any of the following provisions:
          ...
          (20) Section 32390, relating to a large-capacity magazine.
          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

          • #6
            newglockster
            Senior Member
            • Apr 2010
            • 1592

            So, an unscrupulous person could break the law by manufacturing a bunch of large-capacity magazines, hide them and hope he doesn't get caught with them, and 3 years later he is suddenly legal?
            John 3:16

            Comment

            • #7
              mej16489
              Veteran Member
              • Aug 2008
              • 2714

              Originally posted by newglockster
              So, an unscrupulous person could break the law by manufacturing a bunch of large-capacity magazines, hide them and hope he doesn't get caught with them, and 3 years later he is suddenly legal?
              Sure - but the mags can/will be confiscated as a nuisance per PC18010. (a)(20)

              Comment

              • #8
                paul0660
                In Memoriam
                • Jul 2007
                • 15669

                Originally posted by newglockster
                So, an unscrupulous person could break the law by manufacturing a bunch of large-capacity magazines, hide them and hope he doesn't get caught with them, and 3 years later he is suddenly legal?
                And he cannot give, sell, or loan them to anyone else.
                *REMOVE THIS PART BEFORE POSTING*

                Comment

                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44646

                  3 years later he is suddenly legal?
                  No, 3 years later it would be very difficult to prosecute the crime of manufacturing.

                  Closed.
                  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!

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