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High Capacity Magazine

jgraham7897

New member
Joined
Aug 15, 2007
Messages
4
Location
Merced, California, USA
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I am looking into buying my first handgun, but I am also wanting to purchase a couple high capacity magazines. To give some background on myself I work for the Federal Bureau of Prisons so I am considered a LEO and fall under the umbrella of HR 218. At the gunshop today I was told that under CA law I can not purchase high capacity magazines, but if I worked for the CDC I could. Can anyone point me into the direction of the penal code?
 

SIGguy229

Regular Member
Joined
Jul 23, 2007
Messages
349
Location
Stafford, VA, , Afghanistan
imported post

Actually, there are no "high-capacity" magazines....they are "normal" capacity as the gun was designed to hold 12, 15, or 17 rounds.



The 10 rounds mags are "California retarded" magazines--not a reflection of the people, just the politics and politicians.



I think you might be better off ordering through your dept. Most online places won't even ship normal mags to CA...
 

cato

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Oct 29, 2006
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ARTICLE 2. UNLAWFUL CARRYING AND POSSESSION OF WEAPONS
12020.(a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:


(2) Commencing January 1, 2000, manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine.

Subdivision (a) does not apply to any of the following

(19) The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.

Unless your agency buys it for you I think you may be SOL. I'll look into it some more. I take it that you don't carry at work? I didn't know feds qualified under HR 218. So at least you can carry concealed anywhere! Get a good 1911 (8+1) and then its a non issue. Consider a transfer to the free world. Go East young man, go East.

I believe HR-218 would cover a magwithin the firearm transported in "interstate commerce" and might protect you while you import one bought out of state. But I would try to get your association's attorney to give you advise on that one if your department doesn't issue. If you post this question over at calguns.net you'll get more answers as they study the CA mag issues more then I.

I recently heard Leo's traveling to New Jersey with hollow points are not protected under HR-218 and need to switch to ball ammo when in the peoples republic of NJ.:banghead:
 

jgraham7897

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Joined
Aug 15, 2007
Messages
4
Location
Merced, California, USA
imported post

Yeah we qualify under HR 218 because we do have arrest authority, albeit extremely limited. What I don't understand is how can State Corrections go in to a gun shop and buy these magazines no questions asked but the Feds need to get one from the agency. As far as the carry at work, inside the institution that is a no. Outside on perimeter patrol or in a tower yes.
 

cato

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Oct 29, 2006
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jgraham7897 wrote:
What I don't understand is how can State Corrections go in to a gun shop and buy these magazines no questions asked but the Feds need to get one from the agency.


Because the state has exempted state officers generally, butnot federal agents except for mags provided by your agency. Note that receiving, finding, and possessing are not crimes; only sale, give away, lending, manufacture, and importation are criminalized.

And buy one of these while your at it:

http://www.paul.net/guns/CaliforniaRifles.pdf
 

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jgraham7897

New member
Joined
Aug 15, 2007
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Location
Merced, California, USA
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cato wrote:
jgraham7897 wrote:
What I don't understand is how can State Corrections go in to a gun shop and buy these magazines no questions asked but the Feds need to get one from the agency.

Because the state has exempted state officers generally, butnot federal agents except for mags provided by your agancy. Note that receiving, finding, and possessing are not crimes; only sale, give away, lending, manufacture, and importation are criminalized.

And buy one of these while your at it:
So that means that if someone buys one that is authorized, not neccesarily with my agency and they give it to me I am ok?
 

cato

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Oct 29, 2006
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2,338
Location
California, USA
imported post

jgraham7897 wrote:
cato wrote:
jgraham7897 wrote:
What I don't understand is how can State Corrections go in to a gun shop and buy these magazines no questions asked but the Feds need to get one from the agency.

Because the state has exempted state officers generally, butnot federal agents except for mags provided by your agency. Note that receiving, finding, and possessing are not crimes; only sale, give away, lending, manufacture, and importation are criminalized.

And buy one of these while your at it:
So that means that if someone buys one that is authorized, not necessary with my agency and they give it to me I am ok?


LOL, I don't know. Don't you care about the other guy? Perhaps, but you might then be guilty of conspiracy (two people agreeing to break a law and taking one step to accomplish that goal). Your friend cannot give it to you even though he legally bought it. Maybe if you mentioned the kind of firearm you were buying and posted your address a Santa Clause from out of state would send you a few mags. Or maybe CA DOJ would intercept your mail and charge you anyway.

Sorry you can't buy one. Get politically active in CA. Join the forum at calguns.net and or get transferred to another state. CA state prison guards get paid really well at 70,000 for starters I think. Maybe try to change jobs. Can't beat'em, become'em.
 
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