Rebuild mag question

[jonathan50bmg]

Can anyone answer this question? I'm a new FFL here in Southern California. I have a "high cap" sellers permit along with my CFD. I'm aware that I can only sell high cap magazines to LE or to individuals in other states where high cap mags are legal.
My question is, can I purchase high cap magazines and then break them apart to sell as "rebuild" kits. I know this is a grey area in this state, I'm just trying to get the facts. I've called the DOJ, but they never return my calls. Anyone, please advise!

[jdben92883]

I believe a few of the vendors that did that are now sitting on lawsuits. Exile comes to immediate mind. Personally don't see how the $$ to gain doing it would justify the drama.

[jonathan50bmg]

Yeah, I had a feeling I'm better off just not doing it! Thanks for your input!

[kemasa]

What I was told by the CA DOJ is that the FFL can modify the magazine to 10 rounds or less, but they can not turn them into a parts kit. I don't see any law which deals with this, but then again there is nothing which says how you log such a magazine and un-manufacture it.

BTW, take a close look at the law and you will see that it is poorly written and the intent does not match the actual CA PC. There is an exemption for buying AND selling for a CA FFL, so based on the actual CA PC, it would be legal to sell such a magazine to anyone, BUT unless you want free room and board, as well as having a lot of money for lawyers, I would strongly suggest that you not test this.

[curvejunkie]

What I was told by the CA DOJ is that the FFL can modify the magazine to 10 rounds or less, but they can not turn them into a parts kit. .

Im not sure i get this. I dont see anything that says what I can do with the magazine, other than selling it as a complete mag.

If I can rivet it to ten rounds, or manufacture a 10 round mag, what would the difference be if i were to "manufacture" a bunch of parts? They are basically the same thing when you get down to brass tacks. Neither of them are standard capacity.

[kemasa]

Remember, it is the government, if it makes sense, most likely it is a mistake.

I suspect that they don't like the concept of "unmanufacturing" it, but who knows, that is just what I was told. I personally think that you should be able to take a magazine and use it as parts, but then again I don't think that there should be a law regarding the capacity, so what do I know.

The bottom line is that it seems that the DOJ does not like it and can cause you problems, although based on the law, you should be able to get out of it, but only after all sorts of court dates. It is best to receive the magazines as parts, then there is no issue.

Remember, you have to log that you received the magazine, so there is a record of the magazine, so they can use that against you.

[jonathan50bmg]

I'm going to play it safe and stick to 10 round magazines! Thanks to everybody who replied to my thread!

[curvejunkie]

Remember, it is the government, if it makes sense, most likely it is a mistake.

I suspect that they don't like the concept of "unmanufacturing" it, but who knows, that is just what I was told. I personally think that you should be able to take a magazine and use it as parts, but then again I don't think that there should be a law regarding the capacity, so what do I know.

The bottom line is that it seems that the DOJ does not like it and can cause you problems, although based on the law, you should be able to get out of it, but only after all sorts of court dates. It is best to receive the magazines as parts, then there is no issue.

Remember, you have to log that you received the magazine, so there is a record of the magazine, so they can use that against you.

I agree, in part, though not completely. I have to log I received the mag, and what its disposition is if its sold as a standard capacity (IE 30 round), but as far as I could tell, it does not say I have to log to conversion to a 10 rounder.

When I last had my inspection, he didn't seem overly concerned with them, as long as we were taking them apart. He didn't appreciate the half assed attempt at dis-assembly, such as barely removing the base plate.

[kemasa]

If you log it in, how do you document what you did with it if you convert it to 10 rounds or make parts out of it? If there is no disposition, then it is assumed you still have it.

Each inspector is different. Some might not care if you make parts out of them. I am not sure of what the official view is, just what I was told and the next person might say something else.

[curvejunkie]

Each inspector is different. Some might not care if you make parts out of them. I am not sure of what the official view is, just what I was told and the next person might say something else.

you got that right!