"High Capacity" magazines

[steverjo]

Some states allow magazines of any capacity, while others (like CA) allow only 10round max. But, I believe if you purchased a "high cap" magazine prior to some magic date, it is still legal to own and use in Calif.

I have residence in 2 states - FL and CA. I have the supposed "high cap" mags which i recently purchased in FL. and the 10 round mags in CA. If the "high cap" mags are in fact legal in CA if they were purchased prior to the magic date, how can you tell the date of purchase to determine the legality?

 

[VARifleman]

They have to be in California at that magic date.

 

[steverjo]

I know they have to be in CA by that date, but how do you prove that?

 

[VARifleman]

Sorry, seemed like you were asking if you could bring old mags from FL to CA if you purchased them in FL before X time but hadn't moved them yet.

 

[wideym]

Maybe if they were marked with a date before "the magic date" you might be ok, but you would probably need to prove the pistol was in Cali before the mag ban and even then you would be on shaky ground.

Most likely it would be up to your lawyer, at your trial if you are caught with them.

 

[cdrt]

You would have to show the bill of sale for the mags to show when you bought them.
The magic date for California is back in the 90s.
But, it is illegal to import a high capacity magazine to California unless you are a Calif FFL Dealer who has a special high cap mag license, even if you purchased them back before the Calif AWB. Your intent is to import them now and that's a no no.
The high cap mag license only allows FFLs to import them for sale to law enforcement.

 

[eflatminor]

Here's the deal

As long as the magazine was in the state prior to the date, you're fine. There is no way to determine when the magazine was originally in the state, as they're not date marked. Even if you have a brand new tube, as long as the spring, follower and base pad were in the state before the date, you're fine; you've just replaced a part.

It's one of a thousand silly CA laws that can only be enforced if the fascist’s intended victim opens his mouth. Thank goodness we have our exalted leaders to look out for our best interests, eh?

It also appears that if you're a resident of another state, you can bring in to the state a high cap mag as long as you don't give or loan it to a resident Californian and take it with you when you leave. This is being confirmed by USPSA right now. I don't use high caps, Single Stack guy, but there you go.

 

[scythefwd]

you can only have 10 rd. capacity? Do they not sell 9mm firearms with double stack mags anymore? The only mag that will work in my FEG Hungary is a 14 rd. mag. Im from literally the other side of the continent, that's why I ask.

 

[bobbarker]

Most weapons will have a low cap mag option out there somewhere. I was able to find a 10 rd for my FN 5.7 pretty easily. As long as you have a magazine that could have conceivably been around before that magic date(Don't recall it off top of my head) you're fine as long as you don't open your mouth. Burden of proof is on the courts. Turns out, even in Cali, you're still innocent until proven guilty.

 

[steverjo]

scythefwd.....
Double stack mags and guns are available, but the mags have a limiting spacer in the bottom so that they are the same physical outside dimension but have been internally adapted to only accept 10 rounds.

 

[Zedo]

"A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed."

-- Tell CA to shove that up their "magic date."

 

[eflatminor]

Steverjo
Shooting IPSC, IDPA or Bullseye? I know the places in SoCal. PM if you need this info.

 

[AlaskaErik]

You need to change your perspective. The 13 round magazine that came with my Glock 23 is a standard capacity magazine. That 30 round magazine I can get for my Glock 23 would be a high capacity magazine. A 10 round magazine would be a low capacity magazine. Don't let the Brady Bunch define our weapons and their magazine capacity.

 

[Quiet]

In CA, you do not have to prove you owned a large capacity magazine before the ban date (01-01-2000).
In CA, the burden of proof is on the state to prove you did not own it before the ban date.

 

[Quiet]

As long as the large capacity magazine is for a firearm that was in existance before 01-01-2000, it is very hard for the state to prove you did not own it before the ban date.

 

[Mauserguy]

I have heard that in some cases the state can make a case against you by looking at the manufacturer of a magazine. For example, if it is documented that a magazine was not put into production before 2000, then you must have illegally imported it after the ban went into effect should you be caught with it. Generally, don't say anything to the cops. They will only use your statements against you.
Mauserguy

 

[B yond]

I'm not a lawyer, but...

my understanding of it is you cannot

-import
-manufacture
-sell
-give
-loan

mags with a capacity over 10 rounds in CA.

You can still have them, and I don't think you even have to prove you got them before the ban.

You can repair your high-cap magazines from parts kits, provided you don't replace all parts at any given time (that would be manufacture). In fact, you can order parts kits with every part needed to make a 30-rd AR mag and that's ok as long as you don't put it together using all the parts (one must be from the mag you're repairing).

Someone please check this one; it may even be legal to buy high-cap mags as the crime would be committed by the person selling them, not the person buying. Not sure about that one.

Once again, I am not a lawyer. This is just what I've gathered from the internet.

 

[SaxonPig]

It would be illegal to bring one in now but nearly impossible to prove guilt unless you admit to it.

 

[Librarian]

you can only have 10 rd. capacity? Do they not sell 9mm firearms with double stack mags anymore? The only mag that will work in my FEG Hungary is a 14 rd. mag. Im from literally the other side of the continent, that's why I ask.

If one cannot find 10-round mags for the weapon, and you didn't own it here with its 10+ mags before 1-Jan-2000, you're out of luck. OTOH, manufacturers of commonly available semi-autos usually have magazines that cater to the California market.

Since mags are generally not serialized or marked, and no one ever thought saving a bill of sale for an expendable part would be important, proving date of ownership would be up to a prosecutor. IMO, that would be a difficult problem for by far the majority of magazines.