Can You Sell Hi Cap Mags To Ca?

[rtr]

Is it legal to sell hi cap magazines to someone in California?

What about just a hi cap tube?

What about a hi cap tube and internals, in the same box but unassembled?

[Rob Boudrie]

I don't know about tubes, but it is illegal to posess > 10 rounds mags in CA unless you are LEO or personally posessed the specific mags in CA prior to the Caliban.

[D.Hayden]

I deleted my comments, in favor of Bevens which are much better worded..

Dave

Edited April 14, 2005 by BerKim

[George]

In a word, No.

But there is the case of replacement tubes being OK to purchase if the original tubes being replaced were grandfathered in.

The basepads, followers and springs are just parts, the hi-cap tube is the bad boy here and prior ownership is the key to ownership "AT ALL" in California exactly as Rob mentioned.

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Regards,

[davecutts]

Where is Team GE?

[TeamGE]

This has all been talked about and answered before, and I find it inappropiate to ask legality questions in this forum. Most gun laws are written by people who don't know what they doing, and the enforcement of these laws is usually done by the same sort of people. What we, (the people on this forum) read and understand about these laws is usually done with common sence in mind, but what the prosecutors of the law do, does not always use common sence, (rant off). And please, no California bashing. We, (California residents that own guns) did not write or vote for these laws.

I am not a lawyer, and what I understand about the California magazine laws is my interpretation of them.

You can not buy, sell, trade, or give away a magazine that holds more than 10 rounds, (hicap mag) in the state of California. You can sell your mags outside of California. It is legal to own and use a hicap mag in the state of California. You can buy replacement parts to repair your hicap mags, (tube, follower, spring and base pad). You can not manufacture a new hicap mag from these parts, only repair a mag you already own. If all these parts are in a box, unassembled, do you have a working mag? (prosecutors chime in). What if only some of the parts are in a box? I would say you are safe.

[carinab]

As a former Kalifornian who moved before the ban, the question I have is - how do you prove you owned it before the law went into effect? And, isn't the litmus for ownership based on possession? Well you get the idea...

[diehli]

As a former Californian who moved before the ban, the question I have is - how do you prove you owned it before the law went into effect?  And, isn't the litmus for ownership based on possession?  Well you get the idea...

<{POST_SNAPBACK}>

You've got it backwards. They have to prove you didn't own it... that whole "burden of proof" thing.

I've ordered tubes, followers, springs, and basepads from Brownells and had them all ship in the same package.

[Flexmoney]

I was going to mention the "burden of proof" deal, but we had a law in Ohio (before we got our new CCW law last year). It was an "affirmative defense"...meaning that you had to prove you were not guilty (had a reason to carry).

[bountyhunter]

Somebody on CaliGuns was asking if he could sell his stash of HI-Caps when he sold his Beretta 92 (he owned the mags legally). I told him there was no leagl way to sell or give the new owner of the gun the hi-cap mags, he would have to throw them away.... I recommended putting them in a plastic bag and setting them out by the curb for the trash collector to pick up, or perhaps they might be found by some lucky citizen who happened to be walking by and had just purchased a Beretta which could use them.

The fellow replied and said he had asked the local sheriff what to do and he had told him the same thing!

[rtr]

The reason I ask this question is this:

I advertised 2 hi cap mag tubes for sale, with or without springs, followers and basepads (unassembled). Someone said he would take them all (tubes and parts), sent me a money order, turns out this person lives in CA. I told him I wouldn't sell them to him, because I thought it was illegal, and even if it's legal I'm not comfortable with it.

So what would you do in this situation? (Obviously I should have added the caveat that I wouldn't sell to states that prohibit the items, which I did not do)

[warpspeed]

Is it legal to sell hi cap magazines to someone in California?

What about just a hi cap tube?

What about a hi cap tube and internals, in the same box but unassembled?

<{POST_SNAPBACK}>

1) It is illegal to sell, offer to sell, import ( for sale or not), lend, give, etc magazines with a capcity greater than 10 in CA.

2) Tubes are not magazines. Just like barrels are not guns. Just like cars are not refrigerators.

3) here is my take - if you buy everything to build a magazine from a mail order supplier and 2 weeks later you have a newly built mags in your range bag, I'm going to say you bought the parts and built the mags. And I bet I could convince 12 others of the same thing. Now I may be wrong, but that's how I see it. So to protect myself from someone who may not see that I was buying replacement parts, I would not create a paper trail that would suggest I was breaking the law.

And as a seller, I would not sell complete mags, assembled or not, to someone in California. And I live here.

[Loves2Shoot]

3) here is my take - if you buy everything to build a magazine from a mail order supplier and 2 weeks later you have a newly built mags in your range bag, I'm going to say you bought the parts and built the mags.  And I bet I could convince 12 others of the same thing. Now I may be wrong, but that's how I see it.  So to protect myself from someone who may not see that I was buying replacement parts, I would not create a paper trail that would suggest I was breaking the law.

<{POST_SNAPBACK}>

Yea, that's what Brownells said. They said please make two orders next time, in the old days before the suneset of "the ban."

[George]

It is illegal to make new magazines that did not exist in CA before the ban from parts PERIOD

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Regards,