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April 22, 2013, 12:16 AM | #1 |
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Join Date: April 10, 2012
Location: San Diego CA
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? about what Defines "PERMANENT" magazine mod
Hey all I live in CA and there is a 10 round mag limit here . It has been in effect for quite some time . (before the original AWB). If you owned mags that hold more then 10rds before the ban you could keep them and repair them if needed . The fact you can repair your old mags means you can buy high cap mags as long as they are never assembled as a 30rd mag . These are called repair kits and you use the parts from them to fix and or repair your old mags .
Some people buy these repair kits and put some type of stop block in them so they will only except 10 rounds . If you do a mod like this it's my understanding it must be permanent . I here a lot of gun guys say many different things about this issue . I see things like if you stick a block of some kind into the mag so it will only except 10rds it becomes a 10/30 rnd mag, if you disassemble the mag to remove the block it still just a legal mag rebuild kit, as long as you DO NOT assemble the mag to hold 30rds it is legal or your actually just taking parts and assembling a 10 round magazine with them since it wasn't a large capacity magazine to start with the permanence letter of the law doesn't logically apply . Is there not a legal term for having the ability to build or construct something that is illegal to own ? Like owning all the parts to convert a semi auto to full auto . I would think thats why the word permanent is in the wording of the law so you are unable to convert the mag back to a 30rd mag . EDIT : constructive possession is the term Is there any case law that shows somebody winning a case when he had no real permanence built in to his mods or is this just guys believing what they want to here Last edited by Metal god; April 22, 2013 at 10:39 AM. |
April 22, 2013, 01:42 AM | #2 | |
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See point 7 in the magazines sticky at Calguns
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April 22, 2013, 01:46 AM | #3 |
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I would be afraid of the LEOs putting the word "intent to create" in their police report.
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April 22, 2013, 01:57 AM | #4 | |
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Libraian Thanks for the link . I've been following a thread on that forum about this issue and wanted to get the legal mines over here to give it some thought . EDIT : I have found the guys at TFL to be very good at finding case law that pertains to a particular issue .
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If Jesus had a gun , he'd probably still be alive ! I almost always write my posts regardless of content in a jovial manor and intent . If that's not how you took it , please try again . Last edited by Metal god; April 22, 2013 at 03:06 AM. |
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April 22, 2013, 08:23 AM | #5 | |
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April 22, 2013, 12:07 PM | #6 | |
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Location: San Diego, CA
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April 22, 2013, 12:15 PM | #7 | |
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Join Date: April 10, 2012
Location: San Diego CA
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April 22, 2013, 02:49 PM | #8 | |||
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Join Date: June 4, 2007
Location: Concord, CA
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As to court cases on magazines, if we exclude the occasional fool who imports a carload from a Nevada gun show and gets arrested after crossing back into CA, it's very hard to get a case when possession is not illegal and the burden of proof of illegal sale, importation or manufacture is on the prosecution. Quote:
The 'large-capacity magazine' law is another artifact of politicians wanting to 'do something' without understanding anything at all about guns. Please do not try to understand any California gun law (probably any gun law, but I'm not certain about other states) as anything but a means to improve the odds of re-election for those who may vote for them.
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Last edited by Librarian; April 22, 2013 at 11:11 PM. |
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April 25, 2013, 10:30 AM | #9 |
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Join Date: May 1, 2012
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So if I move to CA now with a pistol and Magazines with more than a 10 round capacity, can I keep them? Thanks ahead of time.
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April 25, 2013, 10:44 AM | #10 |
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That depends, where are you moving from, and will you retain some form of storage area there?
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April 25, 2013, 02:13 PM | #11 | |
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Join Date: June 4, 2007
Location: Concord, CA
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You may, under current law, take those mags apart and bring them in as 'parts kits', but may not legally re-assemble them inside CA. Again, under current law, you may also take those parts kits and block their capacity to 10 or fewer rounds; at that point you may assemble them in their new limited capacity and legally use them. See also the Calguns Foundation Wiki article -- http://wiki.calgunsfoundation.org/Mo..._with_firearms
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