• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

visit from wa

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
imported post

bigtoe416 wrote:
NightOwl wrote:
Do I need to throw those away and buyCA approved lower capacity magazines?
You do unless you had those magazines in the state of California [at any time prior to] when the ban went into effect. Lame huh? You can always leave them in Idaho, or apparently you can break them down into rebuild kits and bring them in, just don't assemble them.

I made a small edit to NightOwl's response.

Statutorily the exemption is, "The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state."
 

NightOwl

Regular Member
Joined
Jul 26, 2008
Messages
559
Location
, California, USA
imported post

Perhaps someone could clarify the difference between a fixed magazine and a detachable magazine, so far as the law sees it, for me? I'm not understanding how that applies to the usual magazine, which seems pretty detachable to me. Fixed seems more like a shotgun.

What am I not getting about this?
 

NightOwl

Regular Member
Joined
Jul 26, 2008
Messages
559
Location
, California, USA
imported post

Thank you, Sionadi.

Now I'm more confused than ever. If the law is that weapons with a fixed magazine cannot hold more than 10 rounds, what/where is the law that states that a magazine (like in my 9mm) cannot have more than 10? As far as I'm seeing it, my stock size magazine is perfectly legal.
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

NightOwl wrote:
I was hoping that "Magazines may be integral to the firearm (fixed) or removable (detachable)." meant that I had legal grounds for it to be larger capacity, since being a typical slide-in etc it would be considered detatchable. Fixed, to me, means like for a shotgun, where it's sort of internal and not-removable.

Very disappointing. I like the 9mm for it's higher capacity, dammit. Thanks for the reply. *crossing my fingers hoping someone comes up to refute it though*
You're correct about fixed vs. detachable. The statute your seem to be referring to is a prohibition on "assault weapons" - a term covering a broad range of specific models, and then lots of feature-combinations (e.g. semi-auto pistol with forward grip, rifle with flash supressor, etc, etc, etc. (see CA AW ID Flowchart at CalGuns.net

However, there is yet another statute that prohibits the manufacturing, importation, selling, or lending of any "large-capacity magazines" (any mag - detachable or fixed - over 10 rounds).

I suggest simply disassebling your mags into "rebuild kits", which basically means you're importing parts, not mags. Reassembling these parts into magazines within the state's borders would be considered "manufacturing", so don't do that. Just buy the CA-legal mags, and hope the NRA, CalGuns Foundation, or Madison Society get litigation moving to remove this ridiculous prohibition on NORMAL-capacity magazines.

(Note that the statute does not prohibit buying or posessing high-cap mags, so if one were to be found in possession, it would be up to the DA to prove they were imported, manufactured, sold, or lent illegally.)

(See CA PC 12020 for citation, exemptions.)
 

Sabotage70

Regular Member
Joined
Jul 14, 2009
Messages
844
Location
Fabulous Las Vegas, NV, ,
imported post

Coming from the great state of Nevada. I was wondering about my XDm 40. Looks like I'll have to leave it at home.:X I am thinking of carrying my shotgun in the back window of my truck when I drive down there for thanksgiving with my boys.
Looking at the aw flow chart, I don't think the stock makes it an aw. Would having the shells on the stock consider it loaded?
IMG_0318.jpg
 

Sons of Liberty

Anti-Saldana Freedom Fighter
Joined
Mar 7, 2009
Messages
638
Location
Riverside, California, USA
imported post

Sabotage70 wrote:
[SNIP]Would having the shells on the stock consider it loaded?

No.

In People v. Clark (45 Cal.App.4th 1147, 53 Cal.Rptr.2d 99), the appellate court noted,


"The term "loaded" has a commonly understood meaning: "to put a load or charge in (a device or piece of equipment) a gun" or "to put a load on or in a carrier, device, or container; esp: to insert the charge or cartridge into the chamber of a firearm." (Webster's New Collegiate Dict. (1976) p. 674.) Under the commonly understood meaning of the term "loaded," a firearm is "loaded" when a shell or cartridge has been placed into a position from which it can be fired; the shotgun is not "loaded" if the shell or cartridge is stored elsewhere and not yet placed in a firing position. The shells here were placed in a separate storage compartment of the shotgun and were not yet "loaded" as the term is commonly understood."
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

Sabotage70 wrote:
Coming from the great state of Nevada. I was wondering about my XDm 40. Looks like I'll have to leave it at home.:X I am thinking of carrying my shotgun in the back window of my truck when I drive down there for thanksgiving with my boys.
Looking at the aw flow chart, I don't think the stock makes it an aw...
I believe the AW Flowchart applies only to semi-autos. It looks like yours is a pump, which means you can have "evil" features.
 
Top