Calif rifle guys: need legal status info on high-caps, "non-evil" gun
Jim March
April 11, 2004, 03:04 PM
Folks,
Let's say you have a semi-auto that doesn't have "evil features" and isn't a "named AW" - that would be a Ruger Mini-something, M1A, etc, right?
You bought high-cap mags way back when.
What is the CURRENT legal ownership status of such high-caps (remember, this is under California state law)? Any restrictions at all, other than transfer of course?
Need help on this ASAP; will be testifying in favor of AB2218 on 4/20, must submit written filing by 4/15. This may be important. More on the bill:
http://www.thehighroad.org/showthread.php?s=&threadid=75668
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Andrew Wyatt
April 11, 2004, 03:41 PM
you cannot transfer, sell or buy high cap magazines you owned before the ban, except to people who can have them anyway (first class citizens, dealers with a permit).
there are no other restrictions.
tiberius
April 11, 2004, 04:02 PM
How do they know if you bought them new from out of state?
Destructo6
April 11, 2004, 07:09 PM
They don't know. That is, unless the mags were manufactured after the ban and were accordingly date coded.
As Andrew wyatt said, if you had them before the ban, they are grandfathered.
DRH
April 12, 2004, 12:12 AM
Posession of hi-capacity magazines is not regulated under state law. What is regulated is importation, offering for sale, lending, transfer of ownership and manufacturing. There are no restrictions on non-assault weapons using hi-capacity magazines.
The only danger in the proposed law that I can see is that the hi-cap "and" evil feature language gets changed, in the process, to hi-cap "or" evil feature. That would suck.
artherd
April 12, 2004, 07:14 AM
You know, I could swear this wording has recently changed, and that there was legislation that included 'posession' of an illegally imported magazine. Maybe I am going insane, but it appears that posession *is not controled* at all at this time.
Jim, I hope this helps.
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) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag.
(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.
Furthermore, one can "loan" a high cap to someone if "the person who lends the large-capacity magazine remains in the accessible vicinity". Ie, you could shoot my AR with a 30 rounder if and only if I'm standing next to or 'nearby' you.
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