Hi cap mags and California....
A fellow wants me to ship some Beretta 96 hi cap mags to California. I told him I wouldnt do it, but he says that if they are disassembled that it is perfectly legal. They are not Preban mags and he is not an LEO. Legal to ship disassembled? I'd like to do this trade with the guy, but will not violate any laws. Thanks for helping!!
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Don't do it.
Ship disassembled? Hah! He's conning you.0 -
CA law allows the importation of hi cap magazine kits for repair of legally owned hi cap magazines. Very common in CA to do this, there are a fair number of on line vendors who sell mag rebuild kits to CA residents. Google "CA hi cap rebuild kits" and you'll get a fair number of hits. I've bought dozens, very routine.
See the attached information from CA DOJ, note the answer to question 3:
http://www.hoffmang.com/firearms/DOJ-large-cap-magazines-2005-11-10.pdf
The catch, so to speak is this - if they are being imported to create a "new" hi cap mag that is a violation, if it's being imported to repair a legally owned hi cap or for future parts needed that's fine.
You can take a simple & straigtforward approach which may be to have in writing him asserting they are for rebuild purposes.
The CA hi cap mag ban is rather complicated, it's not based on a simple "made before such a date, OK - made after, bad" and is full of so many exceptions that it is extraordinarily difficult to enforce. That high cap rebuild kits can be sold in CA is settled business, they are even sold in state at the gun shows.0 -
Thank you for the insight, you confirmed my suspicion. 0 -
Well, is it even possible for you to violate the law under these circumstances?
State law can only apply to events that occur within that state. Sure, CA law could result in the recipient of a banned mag being prosecuted, but I don't see what they could do anything to you. Well, maybe they could issue an arrest warrant for you, but it would never be served unless you were caught in CA.
Federal law requires you to obey any state's firearms laws, but a mag isn't a firearm.
I'm not a lawyer, but I did sleep in the dumpster behind a Holiday Inn Express last night.
Neal0 -
Every out-of-California purchase that I have heard of after the ban went into effect required proof of employment as a LEO, by sending copies of ID, etc., or a letter from the Chief permitting the purchase. You were right to avoid the sale to avoid putting yourself under scrutiny. 0 -
^^
People should always follow the law and if they prefer err on the side of being careful. The law in CA changes because CA gun owners go to court, threaten to go to court or otherwise deal with CA DOJ and the regulation process. Receiving a hi cap magazine in CA is different than a hi cap magazine kit, the legality of receiving hi cap magazine rebuild kits has been addressed by DOJ.
CA draws no distinction between federal "pre-ban" or ban or post ban hi cap magazines. You can not sell an assembled hi cap stamped "Made in 1990" nor does having a magazine stamped "LE Only - Made in 1994" mean the magazine is prohibited. The devil is in the details.
If the buyer let slip "hey I just bought a 96 and boy do these 10 round mags stink" importing would be illegal. If the buyer asserted he's had magazines for years and ran over one with a truck or it otherwise damaged and the kit was dedicated to repair only importing a magazine rebuild kit would be legal.0 -
dfletcher is correct purchasing the parts to repair hi capicity magazines is alright. If the magazines are borken down and sold for repair they are legal. If you follow dfletcher's advice you will find plenty of of the very same for sale in California on line.
Emmett0 -
Honestly, sometimes I wonder...who cares? There are so many laws that are so vauge and unenforcable and that would probably fly under the radar. Obviously Im not going to tell you to break the law, but it makes me wonder just how many CA legislators actually read laws. 0 -
I was at a local gun show in Orange County a few weeks ago. Vendors there were selling complete but "disassembled" mag kits packaged that way from P-Mag. These were 30 rd Ar mags. Doug is correct about the Cal DOJ ruling on these kits.
If your buyer will send a letter with his payment stating these kits are for repair or replacement of existing mags, you will be covered.0 -
quote:Originally posted by nunn
Don't do it.
Ship disassembled? Hah! He's conning you.
Yes, he could be conning him, but thats a "could be". Shipping a disassembled kit is still legal. What the buyer does with the parts at his end is HIS responsibility only.0 -
I live in California and recently purchased two 15 rd mag replacement kits for my Beretta 92fs from a gunstore. Legitimately. 0
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