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Hi-cap Mag Laws In Kalifornia


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I really didn't know where to put this topic, but since most Open class shooters usually have to go hi-cap to be competitive I posted it here. Give me the smack down if I was wrong to post it here :( . As I understand the laws in California, if the mags were purchased before the ban they are legal and can be used in competition and at the range. My real question is, how would big brother know if they were purchased before the ban? Another question is if I decide to compete in an IPSC match in California, what do I have to do to bring my hi-caps into the state or do I have to purchase 10 round mags so I can legally shoot a match in that state. Any related info would be appreciated.

Reason for me asking is for shooters shooting the Infinity Match at Reno that may want to wonder to Kalifornia with their gear, since the border is only a skip away.

josh

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To your first question: ;)

To your second question (the one that was interrogatory, but there was no question mark): You're SOL on that one. According to the CA DOJ Firearms division there is no exemption for that sorta thing. Blows, don't it. Can't lend 'em or nuffin.

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There was a thread about this recently in another forum, here is the link to the second page (Where all the info is....)

http://www.brianenos.com/forums/index.php?...=mag%20ca&st=15

The short story is...

1. It is illegal to bring in Hicaps from out of state for any reason. Period.

2. The chances of you getting questioned about them as long as you behave yourself is small, but is it worth the chance?

Hope this helps!

Jeff

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Let me see, there are several CA based companies selling replacement parts. Have they knocked down their door? Nope, because it isn't illegal to have parts. You can order all the parts from Brownells and they can and will ship them to CA. I know of a guy that has 6 sets of replacement tubes, springs, basepads, and followers for his one pre-ban STI mag. Nothing like having extra parts just in case that wimpy S_I mag breaks :ph34r:

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It isn't illegal to purchase replacement mag tubes for your existing pre-ban high cap mags, and have them shipped to your CA address. Key word is REPLACEMENT. It is illegal to purchase individual parts with intent to assemble your own new mag.

How do they inforce this? They have the FBI trace all sales of mag tubes, springs, followers, and base pads. If they see them going to the same address, they bust down your door. . . . .

. . . . just kidding, I don't know. :P

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If you take your mags apart, then you do not have a high cap mag, just parts. There are no laws in CA that say you can not bring replacement parts into CA.

Not true. Even if you beam them in as dis-assembled molecules, if they reform into a high-cap mag inside the state lines of Kali they are illegal. FWIW, the chances of getting caught are slim but it ain't worth it. Once you are a convicted felon, you can never own a gun again.

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It isn't illegal to purchase replacement mag tubes for your existing pre-ban high cap mags, and have them shipped to your CA address. Key word is REPLACEMENT. It is illegal to purchase individual parts with intent to assemble your own new mag.

How do they inforce this? They have the FBI trace all sales of mag tubes, springs, followers, and base pads. If they see them going to the same address, they bust down your door. . . . .

. . . . just kidding, I don't know. :P

How do they enforce it? Most suppliers won't ship high cap tubes to any kali address just so they can't wind up in court. Personally, I haven't tried it.

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Beven, is it really that simple? Is that written somewhere? Tested in court? One should think that, "obviously", the intent of the law must be to prevent import of high-cap mags, assembled or not...

--Detlef

If you assemble a high-cap mag from parts you violate not only kali law but the Feds law as well. The fed law specifically prohibits the manufacture of any high capacity magazine (more than ten rounds). What do they consider "manufacture"? Well... the head honcho at the BATF says if you tweak the feed lips on a 10-rd .40SW mag to make it only function as a 12-round 9mm magazine that constitutes "manufacturing" of a new magazine. Pretty obvious, putting one together from parts will also get you on the wrong side of the Federal law.

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Detlef,

As far as I am concerned, it is that simple. As Loves2shot and Mellow pointed out, replacement parts are sold all over this country not just CA, and there is no markings on any parts I have as to date of production. Everyone needs to make up their own mind on how they deal with all the gun laws we all have, but as I see it, taking your mags apart is just another way of complying with the "intent" of the law. I have to cross CA borders all the time with my highcap mags and so called "assult weapons" and never once been stopped and asked for these items. Stick with common sence and a clear mind that you are a gun owner and proud of it. I have complied with all the laws in my state to legally own and use my guns, and I am going to use them, Dam'it.

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BountyHunter,

I am not going to waste my time debating the law. I am not a Lawyer. If you read the law one way, someone else reads it another way. Again, "the intent of the law" is what the lawyers fight over every day. When I take my mags apart, (read this) "my mags that I legally own" I can reasemble them at anytime I want. CA law reads that if you own a highcap mag, you can use it and do what ever mods you want to do with it, just don't try to sell it or give it away to another CA resident. If stopped by law enforcement and asked for firearms in the vehicle, you have to abide. If mag parts are found, they are parts, that's it, and that closes an avenue for the officer to proceed. This Forum was started with the question about how do you travel with guns and the equipment in the State of CA, not a debate of what you can do with a "replacement part". And again, "replacement mag parts are bought and sold legally in CA everyday".

I'm done with this!

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Beven,

indeed, I don't see a problem driving. But flying has become an altogether different affair. How do I know they don't x-ray my baggage on arrival at SFO, for example? How do I know they won't hazzle me upon departure when I declare my pistol ("Got any illegally imported high-cap mags with you?"). And bounty, I am not concerned with federal law, but I am concerned bringing my federally perfectly legal pre-ban high-cap mag into CA. This importation is illegal according to CA law. And yes, I break the law every morning on my way to work, but a felony conviction is a totally different affair from a speeding ticket... And then the question becomes how much effort will they expend on enforcement. Thus far, so I hear, the answer is zero. But yes, with enough investigative effort spent, it could be proven that those mags are mine and were brought into the state by me.

--Detlef (proud gun owner in Texas...)

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Detlef,

Driving or flying, what is the difference. You are dealing with the law the same way. Every time you fly with a gun, you have to declare, so you are checked for the gun. I have never been asked for high cap mags during checkin and even if I was, my mags would not be assembled. At that point I would say "No". Do you think that the TSA employee will know how many rounds a mag tube holds by looking at it.

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  • 3 weeks later...

My goodness.

Bevin is right. DOJ has better things to do. Not one case to date on mags since the law was written. They write that sh*t to buy votes. They don't care.

No dates on mags.... Parts is Parts. Put your gat in the trunk and you will NEVER be ask to have a look see. UNLESS you ask for it (DUI)

Ms checkin chick looks at the gun and says "Uh ok" Lock it up.

I can order replacement parts right now and get them but to assemble them is were you get in trouble. BUT who is to know. Gotta do what you gotta do, and do what you think you can get away with. Just don't get caught

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Everybody should keep in mind that the 10 year law (that the feds outlawed over ten round mags) 'sunsets' in 2004. It will take a new bill to extend that stupid law. I fear that Bush (who I voted for) will sign an extention but I don't think he will loby congress to submit the extention. The name of the game now is to make sure your assemblyman or senator do not vote for such an extension!!!! 2004 is a presidental year and this should be a hot issue..............

The ball is in our court :angry: If you aren't a life member and a regular contributor then this is your call to arms!!!

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PS: If you can vote in CA then vote to dump Davis and don't supoport Busamonte. That will a step in the right dirrection and at least provide a chance to fix the gun laws. Otherwise the choice would be for no changes in gun laws and likely more of them..........................

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