30-Round Mags for CA Police Officer

[giggitygiggity]

Is it legal for me to sell 30-round AK-47 magazines to an individual in California with law enforcement credentials. From my research and CA's DOJ website, it appears than sworn LEOs are exempt from the 10-round magazine limit. However, I would appreciate some feedback from members on here who know CA laws better than me as I want to sell the officer some mags, but I do not want to violate any laws. Thank you.

 

[RickD427]

California peace officers, and federal law enforcement officers, are exempt from California's "Large Capacity" magazine statute.

There is a very minor, but probably significant, distinction to be made between "Law Enforcement Officer" and "Peace Officer." The terms are not strictly synonymous.

The exemption is found in California Penal Code section 32405. Here is the text:

Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, possession of, or importation into this state of, a large-capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer’s duties.​

 

[danez71]

This is my understanding as well despite the somewhat sloppy* wording of PC32310.



* 'somewhat sloppy' wording explanation.

PC3210 basically says you 'cant offer or expose for sale' the 11+ mags and PC32405 doesn't list an exception for 'offering or exposing for sale' those mags to a LEO.

However, since PC 32310 does say you can sell them to licensed firearms dealer, one has to assume that you cant ' offer or expose for sale' to anyone other than a license firearms dealer or LEO. (IOW, If you are not able to offer for sale to a license firearms dealer or LEO, you wouldn't really be able to sell them to either which the law is saying you can do. )


PC32310 https://leginfo.legislature.ca.gov/...ion=10.&title=4.&part=6.&chapter=5.&article=1.

(d) Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017 shall, prior to July 1, 2017:

(1) Remove the large-capacity magazine from the state;

(2) Sell the large-capacity magazine to a licensed firearms dealer; or

(3) Surrender the large-capacity magazine to a law enforcement agency for destruction.

 

[Sunray]

Is it not illegal for you to be in possession of said magazine in California to start with? Assuming you're in CA, of course.
"...in the course and scope of that officer’s duties...." This is the part that's important. If the copper's not at work, he can't have a 30 round mag. Wouldn't think there are any CA PD's issuing AK's to their employee's either.
What do you suppose the assorted licensed firearms dealers are going to do with a bunch of mags they can't sell?

 

[deadin]

What do you suppose the assorted licensed firearms dealers are going to do with a bunch of mags they can't sell?

Buy them dirt cheap and sell out of state at a healthy profit???

 

[danez71]

Is it not illegal for you to be in possession of said magazine in California to start with? Assuming you're in CA, of course.

Grandfathered mags bought before roughly 2001 are ok until 7-1-2017.

 

[giggitygiggity]

Is it not illegal for you to be in possession of said magazine in California to start with? Assuming you're in CA, of course.
"...in the course and scope of that officer’s duties...." This is the part that's important. If the copper's not at work, he can't have a 30 round mag. Wouldn't think there are any CA PD's issuing AK's to their employee's either.
What do you suppose the assorted licensed firearms dealers are going to do with a bunch of mags they can't sell?

Yes, but nothing in PC32310 states that the mags have to be compatible with the sworn officer's duty gun or even a gun used as part of his job. It simply states that the sworn police office has to be authorized to carry a firearm in the scope of his duty. Even if the 11+ round magazines have to be for the firearm used in the scope of his duty, there are now ARs and other rifles that accept AK mags. Some departments allow individual officers to use firearms from an approved list. I think the "scope of duty" wording is in there perhaps in case an officer is on some sort of probation or is restricted from using a firearm... If that was the case, then he could not buy or possess 11+ round magazines.

 

[Sistema1927]

Why should civilian law enforcement officers have any more "rights" than other civilians. (And yes, LEO's are civilians.)

They work for us, they are us. If they "need" them then why shouldn't the rest of us have the same "needs"?

These are the questions we should be asking, these are the points we should be making. If not, then we no longer live in a free society.

 

[Dog Soldier]

Under this 2017 law will possession of a large Cap Mag be illegal? Does this mean that all privately owned Mags must be disposed of? If so how can you legally dispose of them?

 

[danez71]

Under this 2017 law will possession of a large Cap Mag be illegal? Does this mean that all privately owned Mags must be disposed of? If so how can you legally dispose of them?

Yes.
Yes.
See post 2 and 3. (And 6)

 

[LiveLife]

There is one more option - Permanent modification of magazine to hold 10 rounds.

On 12/16/16, California DOJ proposed "Emergency" regulations for disabling magazines capable of holding 10 or more rounds - https://www.nraila.org/articles/201...e-than-10-rounds-but-none-for-assault-weapons

According to the proposal, owners could permanently modify magazines to hold 10 rounds or less - http://www.guns.com/2016/12/19/california-doj-proposes-emergency-regs-on-magazines/

• For box magazines, use of block and rivet/epoxy/weld and make floor plate non-removable
• Drum magazines would be loaded with epoxied dummy rounds and sealed permanently
• Tubular magazines (excluding lever action/.22 caliber) be plugged with dummy rounds riveted in place
• Shotguns to base capacity on 2.75" shells but Kel Tec KSG and SRM Arms Model 1216 are exempted

Now, where did I put my pop riveter?

 

[LiveLife]

BTW, Senate Bill 1446 goes in effect on 7/1/17 so you have 7 months to modify your magazines.

 

[LiveLife]

Started a new thread to discuss new 2017 CA laws affecting magazine and firearms - https://www.thehighroad.org/index.php?threads/complying-with-new-california-laws.815370/

 

[danez71]

Yes, but nothing in PC32310 states that the mags have to be compatible with the sworn officer's duty gun or even a gun used as part of his job. It simply states that the sworn police office has to be authorized to carry a firearm in the scope of his duty. Even if the 11+ round magazines have to be for the firearm used in the scope of his duty, there are now ARs and other rifles that accept AK mags. Some departments allow individual officers to use firearms from an approved list. I think the "scope of duty" wording is in there perhaps in case an officer is on some sort of probation or is restricted from using a firearm... If that was the case, then he could not buy or possess 11+ round magazines.

It doesn't say that exactly.

This is what it says

32400.
Section 32310 does not apply to the sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.