High capacity magazines
Is it legal to ship high capacity mags to Sweden?
Thanks Tom
Thanks Tom
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Does anyone know if it is illegal to own high capacity magazines in California? I have a 30 round and a 15 round magazine for an M1 Carbine. 0 -
They are not illegal to own if they were inside the state prior to 12-31-1999. No new high caps can be imported into CA but those already in the state are perfectly legal to own and use but they cannot be sold to anyone but a dealer. 0 -
Thanks for the info. I just recently purchased these two high cap mags. on the internet. They were shipped disassembled and were sold as parts. 0 -
If you assemble the parts in order to create a new magazine then that magazine is illegal. 0 -
Mark's info is right on. I will add this....You can buy parts /components for magazines to repair damaged or destroyed magazines but you cannot use a set of parts to assemble a "new" magazine. 0 -
Well, I guess if I disassemble the new mags and then reassemble them with an old part included, they will be legal? 0 -
If you retain the old parts and they are still serviceable then the answer is no. If you dispose of the old parts or they are in unserviceable condition and use the new parts strictly as replacements then the answer is yes. You cannot have a compete magazine in "knocked down" condition and not have it be considered to be a completely new magazine. Be aware that this site will ONLY provide you with the legal recourse according to all applicable regulations. we do not play around here with bending the rules to make them fit. 0 -
Attached is a CA DOJ letter (post 5) regarding hi caps & repair kits:
http://www.calguns.net/calgunforum/showthread.php?t=263174
The basics are as already described, you can repair the old but not create new.0 -
The law is awful but what is so hard to understand about it?
No magazines over 10 rounds may be imported into CA. Assembling parts constitutes importing a magazine.
Buying a mag on the Internet leaves a trail of evidence should you ever be prosecuted (which is unlikely but not impossible). I think what most people in CA do is have a friend in a free state buy the mag and send it to them in a plain, brown wrapper. Or the drive across the state line to a gun show or gun shop in OR or AZ and buy one there. How does anyone prove the mag wasn't already in the state before the ban date? It would be very hard to make a case unless the person violating the law does something really foolinh... like buy illegal mags on the Internet... and then discusses it in a public forum.0 -
I'm dumb struck they even sent them as parts. I reckon he'll be closing up shop and doing some time. 0 -
quote:Originally posted by Doc
I think what most people in CA do is have a friend in a free state buy the mag and send it to them in a plain, brown wrapper. Or the drive across the state line to a gun show or gun shop in OR or AZ and buy one there
Though this would be one way you could commit a felony in the State of CA, in my opinion most gun owners in CA aren't felons!
quote:
How does anyone prove the mag wasn't already in the state before the ban date? It would be very hard to make a case unless the person violating the law does something really foolinh... like buy illegal mags on the Internet... and then discusses it in a public forum.
There are multiple ways this could be proven.
One would be to subpoena your credit card records to see if you've bought any gun parts out of state. If the exact nature of the purchase isn't listed in the credit card records, a second subpoena to the seller might clear that up.
Another easy way would be just to show that the magazine in question wasn't available on the market prior to 2000 when the CA ban took effect.
For example,, many if not most of the most popular "tactical" type magazines out there right now weren't on the market 10 years ago (I think that includes Magpul P-mags, etc). Also note that not all of the manufacturers making mil-spec type mags were doing so 10+ years ago (I think this includes C-products).
Here is a direct link to the CA DOJ advisory opinion on fixing broken magazines:
http://www.hoffmang.com/firearms/DOJ-large-cap-magazines-2005-11-10.pdf
Also, apparently there are quite a few "loopholes" in the CA law that permit certain entities (eg armored car companies) to legally import and possibly even sell high cap magazines. Excellent discussion on that here:
http://www.calguns.net/calgunforum/showthread.php?t=1247090 -
quote:Originally posted by beantownshootah
Also, apparently there are quite a few "loopholes" in the CA law that permit certain entities (eg armored car companies) to legally import and possibly even sell high cap magazines. Excellent discussion on that here:
http://www.calguns.net/calgunforum/showthread.php?t=124709
True - and possession of high capacity magazines, regardless of date of manufacture, is not illegal. I believe the statute of limitations for the import, sell, offer for sale, etc violations is 3 years.
http://ag.ca.gov/firearms/infobuls/9906.pdf#xml=http://search.doj.ca.gov:8004/AGSearch/isysquery/971bb57b-bf36-4146-900b-3222a669e4c9/2/hilite/
The case would be made, as previously mention, against the act of importation.
The CA method of drafting gun laws is that the pro-gun folks usually insert language that as much as possible creates exceptions of legal ways of working around the law and by & large, makes the law difficult to enforce.0
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