preban mags in CA?

[lunaslide]

Are pre 1994 ban hicap magazines still legal in CA, since they were made before the ban there? I owned them in CA, moved to Washington and now someone in CA wants to buy the gun and mags from me. Is it legal for them to do so?

 

[Ozendorph]

Hey Luna, I'm a friend of Noid's...met you one time at ID4Con (at least I think that's where we were)

No, you cannot legally purchase hi-cap mags in CA, regardless of their manufacturing date. End of story...at least for the time being

 

[30Cal]

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:
(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.
(b) Subdivision (a) does not apply to any of the following:
(1) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments
...
(23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state.

You can bring it back into the state; you just can't sell it.

Ty

 

[El Rojo]

You can sell them the gun, but they will have to get 10 rounders for it. That is unless they remember where they bought the three magazines for it back before 2000 with the forward thinking that someday they might own said gun and they bought them before they owned it.

 

[lunaslide]

Thanks for the replys. There are two 10 rounders I got with the gun, I just happen to have 3 hi caps I bought before the ban. Guess the Californians get no love on this one.

Ozendorph: Forgive me if I don't remember you, ID4con tends to have that affect on me

 

[Ozendorph]

No prob, luna. Tell Noid Pappy says "hey"

 

[wallysparx]

so, if i were to use my 30 rounders (no markings such as law enforcement use only, etc. on them) in a kel-tec, would i actually have to have the 5 year old receipt for the mags nearby?

 

[Ozendorph]

Wally - nah. But being able to recollect the date and place you purchased the mags (i.e. Pamona show, 1995, for example) is a good idea.

 

[El Rojo]

Or forgeting where and when you bought them is good too. It is their job to prove you are lying, not your job to prove you are not.

 

[bad LT]

*cough cough* Nevada, Arizona *cough cough*

 

[Kevlarman]

In my case it was easy; I've always loved reading about Rally Vincent and her love of the CZ75 so of course I bought 3 hi-caps for it before the ban!

My uncle had a Colt Sporter and a heap of mags for it too, which he didn't mind parting with when he sold it for $1500, not realizing that they would be banned soon afterwards. :banghead:

 

[thatguy]

Does anyone know if CA has actually prosecuted ANYONE for violating the magazine ban? Seems to me in most cases it would be very hard to prove the suspect didn't have the items before the ban. Besides, I suspect the cops feel they have better things to do than chase people with 20 round mags in their pockets.

 

[Kevlarman]

Unless of course your mags have "LE ONLY" written all over them.

 

[TimRB]

"Does anyone know if CA has actually prosecuted ANYONE for violating the magazine ban?"

That's a good question. In my view, the magazine law, and by extension all of the draconian California firearms laws, seem designed to turn as many firearms owners as possible into criminals of some sort. I have only heard of someone being prosecuted for a firearms offense as an add-on to some other charge, or where they really wanted to arrest a guy for *something*, but couldn't make any other charge work.

Tim