Questions: California Law on High-Capacity Magazines


PDA






guntodd
April 23, 2007, 12:57 PM
I have a couple questions about high-capacity handgun magazines in CA...

the current law limits handguns to 10 rounds - but if you own a pre-ban magazine that is 15 or 30 rounds - is it legal to own and use those magazines?

also, can you still legally purchase a pre-ban 15, 18, 30, etc... round magazine? i don't think you can, but i just wanted to check?

is it legal to bring a high-capacity magazine into CA from another state? for example, if i purchase magazines at a gun show in arizona, can i bring them legally into CA?


thanks in advance! :)

If you enjoyed reading about "Questions: California Law on High-Capacity Magazines" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
ArmedBear
April 23, 2007, 01:24 PM
the current law limits handguns to 10 rounds - but if you own a pre-ban magazine that is 15 or 30 rounds - is it legal to own and use those magazines?

Yes


also, can you still legally purchase a pre-ban 15, 18, 30, etc... round magazine?

No

is it legal to bring a high-capacity magazine into CA from another state?

No

It is legal to own them in California. It is illegal to bring them into California, or sell them in California.

It is AFAIK -- CHECK FOR YOURSELF -- legal to bring parts into California, for the purpose of repairing existing legally-owned pre-ban magazines over 10 round capacity.

Go to http://calguns.net/ for more.

JJE
April 23, 2007, 01:31 PM
ArmedBear is correct. It isn't illegal to own or possess "high-capacity" magazines. The law basically prohibits commerce: manufacturing, importing (even for your own non-commercial use), selling, offering to sell, even lending.

guntodd
April 23, 2007, 02:43 PM
thanks for the info everyone...as i suspected.

i know it is illegal to sell pre-ban items to other people, but i can sell pre-ban stuff to an FFL dealer in CA, correct? i don't want to sell any of it, but i'm just curious...

Librarian
April 23, 2007, 05:56 PM
For what California calls an 'assault weapon', No: PC 12285(b)(1) (2) A person moving into this state, otherwise in lawful
possession of an assault weapon, shall do one of the following:
(A) Prior to bringing the assault weapon into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2.
(B) The person shall cause the assault weapon to be delivered to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
in this state in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto. If the person obtains a permit from the
Department of Justice in the same manner as specified in Article 3
(commencing with Section 12230) of Chapter 2, the dealer shall
redeliver that assault weapon to the person. If the licensed gun
dealer, as defined in subdivision (c) of Section 12290, is prohibited
from delivering the assault weapon to a person pursuant to this
paragraph, the dealer shall possess or dispose of the assault weapon
as allowed by this chapter.For magazines 10+ capacity, not even 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:
(1) [snip]
(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.

atek3
April 23, 2007, 06:13 PM
If you lived in california before 2000, and don't do anything stupid (such as use mags marked "LEO only") it's highly unlikely you'll be harrassed over Hi-Cap mags. If you moved to CA after 2000, possession of high-cap magazines is proof that they were illegally acquired...

CountGlockula
April 23, 2007, 07:22 PM
Yup, we're pretty much screwed here in Cali. High capacity magazines would be great though.

guntodd
April 23, 2007, 08:10 PM
I can still have tons of fun without high-capacity mags :)

tulsamal
April 23, 2007, 09:14 PM
I can still have tons of fun without high-capacity mags

I'm sure I could have "tons of fun" without having sex either. But why would I want to?

Heck, you could probably have tons of fun if they limited you to five round mags. Heck, why not just say no autos at all? You can still have lots of fun with revolvers. I do it all the time. What, wait one.... ok, I'm sure you can have tons of fun with no handguns at all. But rifles and shotguns are still fun! (As long as they are properly registered and secured at your local gun club for use there only!)

The term "slippery slope" really does mean something. It isn't a matter of deciding "what's the least I can live with?" Because once you agree to what you thought was the "final compromise," they will be coming back. Ask every country that has watched their guns get regulated, then registered, then restricted, then confiscated.

Gregg

joe4702
April 23, 2007, 09:55 PM
If you lived in california before 2000, and don't do anything stupid (such as use mags marked "LEO only") it's highly unlikely you'll be harrassed over Hi-Cap mags.

Yep, because there would be no real way they could prove when you acquired the mags.

railroader
April 23, 2007, 11:12 PM
Just make sure that you have hi cap mags for guns that were available prior to 1994. Guns that came out after 1994 that have hi cap mags were never available in california prior to 2000. Guns like springfield xd and smith & wesson m&p come to mind. Mark

Jim Diver
April 24, 2007, 03:07 AM
Yep, because there would be no real way they could prove when you acquired the mags.


There is no law about "finding" someone's 'lost' hi-cap mags AFAIK...

mattmcg
April 24, 2007, 03:24 AM
To clarify a bit here, if you owned high-cap mags prior to 2000, you have the legal right to use and own those mags. If they wear out and need to be repaired, you can buy parts to repair them. There is no limit to the individual piece parts that you can repair, only that you owned a part that was manufactured and owned prior to 2000.

glockman19
April 24, 2007, 03:55 AM
For Example. I have many 20 & 30 round AR mags from long ago pre 1994. I also have many 20 round mags for M1A pre 1994. The reason I bought my M1A and AR is because I already had the hi cap mags in my posession. Totally legal. I cannot however buy new ones. I can however, buy parts to repair old ones.

sorensen440
April 24, 2007, 04:01 AM
Ive recently replaced the bodys springs followers and floorplates on a few of my old mags that I purchased prior to the ban

guntodd
May 10, 2007, 04:11 PM
I can still have tons of fun without high-capacity mags

i said that because here in california, we have to be optimistic ;)

it isn't always easy being a gun owner in CA

If you enjoyed reading about "Questions: California Law on High-Capacity Magazines" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!