Is this Legal?

[HankB]

Breaking the law is wrong.

But many people, anticipating a future magazine ban, purchased magazines for firearms that they didn't even have at the time. Thus, the magazines were properly "grandfathered" even if the firearm to use them wasn't to be purchased for quite some time. Unfortunately, it is virtually impossible for LEOs to identify non-dated magazines as "pre-ban, grandfathered" or "illegally post-ban obtained" magazines.

Obviously, as already stated, advance purchases of magazines would not have been possible if the newly-acquired firearm used magazines not available in the pre-ban world.

Have your friend look around his junk drawers - it may be possible he already has some suitable standard-capacity magazines.

 

[Biker]

Hah! Hank, you shoulda been a lawyer.

Biker

 

[cane]

I'm confused, I live in Texas, and am familiar with Texas laws. I don't frequent internet websites about guns and or shooting, in fact I don't even own a computer. An old friend from the military now lives in California and knows I have some over 10 round magazines that fits his pistol. "Bill" sends me a letter and asks me to sell him some of my magazines. I do so, blissfully ignorant of California laws. Since I had no criminal intent, how can California charge me with anything?

 

[tinygnat219]

Think Mail Fraud if you mail them. Don't do it, then it's federal crimes and California Crimes.

 

[g5reality]

From the California Attorney General, Department of Justice

Large Capacity Magazine Restrictions and Exemptions (Penal Code Section 12020)
A large capacity magazine is defined as “any ammunition feeding device with a capacity to accept more than 10 rounds but shall not be construed to include a feeding device that is permanently altered so that it cannot accommodate more than 10 rounds nor shall it include any .22 caliber tube ammunition feeding device (or, effective January 1, 2002, a tubular magazine contained in a lever-action firearm).” It is important to understand that
a large capacity feeding device may be detachable or fixed, and includes any tube ammunition feeding device (other than .22 caliber or, effective January 1, 2002, a tubular magazine contained in a lever-action firearm) that
can accommodate more than 10 rounds. A large capacity magazine also includes linked ammunition with more than 10 rounds linked together or an ammunition belt with the capacity to accept more than 10 rounds.
Possession of large capacity magazines, whether by peace officers or private citizens, is not controlled.
The manufacturing, importation into the state, offering for sale, keeping for sale, exposing for sale, giving, and lending of a large capacity magazine is controlled. No person may participate in these activities without a permit issued by the Department of Justice. For exceptions, see Penal Code §§12020(b)(19)-(32).
Specified law enforcement agencies and their employees are exempt from these restrictions. These agencies and employees include any federal, state, county, city and county, or city, law enforcement agencies and employees
of those agencies while discharging their official duties, whether on-duty or off-duty, where the use is authorized by the agency within the scope of their duties. This exemption includes the sale of, giving of, lending of, importation into the state, or purchase of any large capacity magazine.

Peace officers (distinct from law enforcement agencies) who are authorized to carry firearms in the course and scope or their duties are exempted. This exemption includes the sale to, lending to, purchase of, purchase by,
receipt of, or importation into the state of large capacity magazines. For record keeping purposes, a peace officer who purchases large capacity magazines from a firearms dealer is required to provide that firearms
dealer with a copy of his or her peace officer photo identification. In the event the magazine is stamped “RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY,” federal regulations require the law
enforcement officer to provide the firearms dealer with: 1) A written statement from the officer, under penalty of perjury, that the magazine is being purchased for use in performing official duties and the it is not being
acquired for personal use or for purposes of transfer or resale; and 2) a written statement from a supervisor of the purchasing officer, stating under penalty of perjury that the officer is acquiring the magazine for use in
official duties, that the magazine is suitable for use in performing official duties, and that the magazine is not being acquired for personal use or for purposes of transfer or resale.
Other allowances are made for firearms dealers; the loaning of large capacity magazines under specified conditions; the importation into the state of previously owned magazines by residents who lawfully possessed those magazines prior to January 1, 2000 and who lawfully took them out of the state; the repair of magazines; importation of large capacity magazine by permitted individuals; the armored car industry; manufacturing large
capacity magazines for specified purposes; and prop masters (Penal Code §§ 12020(b)(21)-(32)).
Punishment – Felony or Misdemeanor. (Penal Code § 12020(a)(2))
Law Enforcement Exemption – Agencies and sworn peace officers. (Penal Code §§ 12020(b)(19), (20))

http://caag.state.ca.us/firearms/forms/pdf/awguide.pdf

Therefore YOU CAN LEGALLY posess a 20, 30, 50 or 100 round magazine in California, if you had it pre-ban, before January 1, 2000 even if you took it out of state and return.

 

[HankB]

Hah! Hank, you shoulda been a lawyer.

Hey . . . that's a nasty thing to say - when did I ever insult YOU?




It's also my understanding that it's OK to REPAIR a pre-ban mag. So replacing a bad magazine tube with a new one is OK. Replacing an old magazine spring with a new one is OK. Ditto for the follower or floorplate. So it is probably OK to ship replacement/repair parts to CA.

But of course, buying a new magazine tube, floorplate, spring, and follower, and putting them together to make a new magazine would probably be considered illegal manufacture, so one ought not be caught doing so.

 

[Roccobro]

But of course, buying a new magazine tube, floorplate, spring, and follower, and putting them together to make a new magazine would probably be considered illegal manufacture, so one ought not be caught doing so.

Good info, thats almost exactly what I put in my post a few days ago. But mine was deleted before the next day...

Justin

 

[Valkman]

I have had a Cali resident order non-dated mags from 44mag.com and have them shipped to my house. Then when he visited for SHOT he picked them up. I would not send them into CA but if he wants to take them in that's fine. Since they're non-dated no one can tell when he bought them.

 

[Zoogster]

Since they're non-dated no one can tell when he bought them.

Perhaps, unless they are using a different polymer mix, different alloy, or different design or part that they didn't in a year prior to the ban, and a over zelous prosecutor does not use "experts" to testify to that fact, perhaps a company representative themselves. That says nothing of financial records which can be obtained with a subpoena. Did he order them with his credit card? Do you not think the company has a history of its customer transactions?

It is less likely and harder to tell when he bought them, not necessarily impossible.

 

[gunsmith]

when I lived in cali

I had a high power clone in 9mm, I bought some hi power mags in
.40 by accident but it seemed to work just fine, in fact they held
11 rounds of 9mm, with one in the chamber that made 12.

I bet many other guns work the same way.

Oh afaik it is a felony to sell him mags or send in the mail.
it is a felony for him to go buy some him self, he could have a storage unit in NV
and keep them there I guess...or he could do what I did...move!

 

[Stretchman]

Possession of large capacity magazines, whether by peace officers or private citizens, is not controlled.

Once he's out the door, or in this case, in the door. It's over. But man, be paranoid. They'll get you if they can.

 

[Professor K]

Well unless your friend is an ATF agent or is working with them, it's not likely for anything to happen at all. If he gets in trouble, remember, he got them in Vegas.

This is illegal, so like, you're not supposed to do it. So umm, it's your choice on whether you want to do it or not, but it's illegal.