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High capacity magazine legality?

H

Hombre

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Michigander wrote:
Police tend to assume your rights are more restricted than they are so that they don't accidentally tell you that you can do something illegal.
Click to expand...
That is very well put and very true.
 
H

Hombre

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eastmeyers wrote:
Hombre1 wrote:
Michigander wrote:
Police tend to assume your rights are more restricted than they are so that they don't accidentally tell you that you can do something illegal.
Click to expand...
That is very well put and very true.
Click to expand...

+1

They are not lawyers
Click to expand...
But be careful because some actually are.;)
 
lil_freak_66

lil_freak_66

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Joined
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Messages
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Location
Mason, Michigan
imported post

CV67PAT wrote:
lil_freak_66 wrote:
budlight wrote:
In 2004 the federal law that banned high capacity magazines expired. Thus any size magazineis now permitted under federal law. The ATF also released a memo that any magazine stamped "LE and GOVT use only" was legal for private citizens to own.

Now there are about 3 states out there that restrict magazine capacity, but Michigan is not one of them.
Click to expand...
i may be mistaken but i thinkcalifornia does not have magazine restrictions,or the assault rifle thing against .22 and smaller rimfire guns.
Click to expand...
Could you cite that statute please?
Click to expand...


found it a few months ago in a map diagram thing that helped figure out if your firearm is CA legal or not.

cant find that.



but if you google it,pretty much all the places that state california gun law on that state centerfire,or nothing more than rifle.

here is a few pieces from a few different sites to back it up.

http://www.calguns.net/a_california_arak.htm

RIFLES:

[size=]

A semiautomatic centerfire rifle capable of accepting detachable magazines and any of:

▪ a pistol grip protruding conspicuously below the weapon’s action

▪ a thumbhole stock or folding or telescopic stock;

▪ a flash suppressor, grenade launcher or flare launcher;

▪ a forward pistol grip.



A semiautomatic centerfire rifle with overall length of less than 30 inches;

A semiautomatic centerfire rifle with a fixed magazine holding over 10 rounds




**EDIT**

found the law cite.

http://ag.ca.gov/firearms/regs/genchar2.php

Effective January 1, 2000, Senate Bill 23, Statutes of 1999, establishes new criteria for defining assault weapons based on generic characteristics. This bill allows and requires persons who own/possess firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill adds Penal Code Section 12276.1 to the Penal Code as follows.

  • 12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
    1. A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
      1. A pistol grip that protrudes conspicuously beneath the action of the weapon.
      2. A thumbhole stock.
      3. A folding or telescoping stock.
      4. A grenade launcher or flare launcher.
      5. A flash suppressor.
      6. A forward pistol grip.
    2. A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
    3. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
    4. A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
      1. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
      2. (B) A second handgrip.
      3. A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
      4. The capacity to accept a detachable magazine at some location outside of the pistol grip.
    5. A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
    6. A semiautomatic shotgun that has both of the following:
      1. A folding or telescoping stock.
      2. A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
    7. A semiautomatic shotgun that has the ability to accept a detachable magazine.
    8. Any shotgun with a revolving cylinder.
      1. "Assault weapon" does not include any antique firearm.
      2. The following definitions shall apply under this section:
        1. "Magazine" shall mean any ammunition feeding device.
        2. "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
        3. "Antique firearm" means any firearm manufactured prior to January 1, 1899.


is that a proper enough cite?
 
H

Hombre

Banned
Joined
Feb 14, 2010
Messages
221
Location
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imported post

lil_freak_66 wrote:
CV67PAT wrote:
lil_freak_66 wrote:
budlight wrote:
In 2004 the federal law that banned high capacity magazines expired. Thus any size magazineis now permitted under federal law. The ATF also released a memo that any magazine stamped "LE and GOVT use only" was legal for private citizens to own.

Now there are about 3 states out there that restrict magazine capacity, but Michigan is not one of them.
Click to expand...
i may be mistaken but i thinkcalifornia does not have magazine restrictions,or the assault rifle thing against .22 and smaller rimfire guns.
Click to expand...
Could you cite that statute please?
Click to expand...


found it a few months ago in a map diagram thing that helped figure out if your firearm is CA legal or not.

cant find that.



but if you google it,pretty much all the places that state california gun law on that state centerfire,or nothing more than rifle.

here is a few pieces from a few different sites to back it up.

http://www.calguns.net/a_california_arak.htm

RIFLES:

[size=]

A semiautomatic centerfire rifle capable of accepting detachable magazines and any of:

▪ a pistol grip protruding conspicuously below the weapon’s action

▪ a thumbhole stock or folding or telescopic stock;

▪ a flash suppressor, grenade launcher or flare launcher;

▪ a forward pistol grip.



A semiautomatic centerfire rifle with overall length of less than 30 inches;

A semiautomatic centerfire rifle with a fixed magazine holding over 10 rounds




**EDIT**

found the law cite.

http://ag.ca.gov/firearms/regs/genchar2.php

Effective January 1, 2000, Senate Bill 23, Statutes of 1999, establishes new criteria for defining assault weapons based on generic characteristics. This bill allows and requires persons who own/possess firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill adds Penal Code Section 12276.1 to the Penal Code as follows.

  • 12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
    1. A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
      1. A pistol grip that protrudes conspicuously beneath the action of the weapon.
      2. A thumbhole stock.
      3. A folding or telescoping stock.
      4. A grenade launcher or flare launcher.
      5. A flash suppressor.
      6. A forward pistol grip.
    2. A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
    3. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
    4. A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
      1. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
      2. (B) A second handgrip.
      3. A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
      4. The capacity to accept a detachable magazine at some location outside of the pistol grip.
    5. A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
    6. A semiautomatic shotgun that has both of the following:
      1. A folding or telescoping stock.
      2. A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
    7. A semiautomatic shotgun that has the ability to accept a detachable magazine.
    8. Any shotgun with a revolving cylinder.
      1. "Assault weapon" does not include any antique firearm.
      2. The following definitions shall apply under this section:
        1. "Magazine" shall mean any ammunition feeding device.
        2. "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
        3. "Antique firearm" means any firearm manufactured prior to January 1, 1899.

is that a proper enough cite?
Click to expand...
No. Could you cite any applicable case law (state and federal) or newspaper or internet links that pertains to your position? kthanx.
 
G

Guest

Guest
imported post

lil_freak_66 wrote:
CV67PAT wrote:
lil_freak_66 wrote:
budlight wrote:
In 2004 the federal law that banned high capacity magazines expired. Thus any size magazineis now permitted under federal law. The ATF also released a memo that any magazine stamped "LE and GOVT use only" was legal for private citizens to own.

Now there are about 3 states out there that restrict magazine capacity, but Michigan is not one of them.
Click to expand...
i may be mistaken but i thinkcalifornia does not have magazine restrictions,or the assault rifle thing against .22 and smaller rimfire guns.
Click to expand...
Could you cite that statute please?
Click to expand...


found it a few months ago in a map diagram thing that helped figure out if your firearm is CA legal or not.

cant find that.



but if you google it,pretty much all the places that state california gun law on that state centerfire,or nothing more than rifle.

here is a few pieces from a few different sites to back it up.

http://www.calguns.net/a_california_arak.htm

RIFLES:

[size=]

A semiautomatic centerfire rifle capable of accepting detachable magazines and any of:

▪ a pistol grip protruding conspicuously below the weapon’s action

▪ a thumbhole stock or folding or telescopic stock;

▪ a flash suppressor, grenade launcher or flare launcher;

▪ a forward pistol grip.



A semiautomatic centerfire rifle with overall length of less than 30 inches;

A semiautomatic centerfire rifle with a fixed magazine holding over 10 rounds




**EDIT**

found the law cite.

http://ag.ca.gov/firearms/regs/genchar2.php

Effective January 1, 2000, Senate Bill 23, Statutes of 1999, establishes new criteria for defining assault weapons based on generic characteristics. This bill allows and requires persons who own/possess firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill adds Penal Code Section 12276.1 to the Penal Code as follows.
  • 12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
    1. A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
      1. A pistol grip that protrudes conspicuously beneath the action of the weapon.
      2. A thumbhole stock.
      3. A folding or telescoping stock.
      4. A grenade launcher or flare launcher.
      5. A flash suppressor.
      6. A forward pistol grip.
    2. A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
    3. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
    4. A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
      1. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
      2. (B) A second handgrip.
      3. A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
      4. The capacity to accept a detachable magazine at some location outside of the pistol grip.
    5. A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
    6. A semiautomatic shotgun that has both of the following:
      1. A folding or telescoping stock.
      2. A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
    7. A semiautomatic shotgun that has the ability to accept a detachable magazine.
    8. Any shotgun with a revolving cylinder.
      1. "Assault weapon" does not include any antique firearm.
      2. The following definitions shall apply under this section:
        1. "Magazine" shall mean any ammunition feeding device.
        2. "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
        3. "Antique firearm" means any firearm manufactured prior to January 1, 1899.

is that a proper enough cite?
Click to expand...
Doesn't mention any exclusion of .22cal in bold paragraph 5.

Upon closer examination you'd notice that an "assault weapon" is also a pistol and is limited to 10 rounds, regardless of caliber.

So, while the cite is proper, your analysis appears not to be.
 
lil_freak_66

lil_freak_66

Regular Member
Joined
Sep 8, 2008
Messages
1,799
Location
Mason, Michigan
imported post

CV67PAT wrote:
lil_freak_66 wrote:
CV67PAT wrote:
lil_freak_66 wrote:
budlight wrote:
In 2004 the federal law that banned high capacity magazines expired. Thus any size magazineis now permitted under federal law. The ATF also released a memo that any magazine stamped "LE and GOVT use only" was legal for private citizens to own.

Now there are about 3 states out there that restrict magazine capacity, but Michigan is not one of them.
Click to expand...
i may be mistaken but i thinkcalifornia does not have magazine restrictions,or the assault rifle thing against .22 and smaller rimfire guns.
Click to expand...
Could you cite that statute please?
Click to expand...


found it a few months ago in a map diagram thing that helped figure out if your firearm is CA legal or not.

cant find that.



but if you google it,pretty much all the places that state california gun law on that state centerfire,or nothing more than rifle.

here is a few pieces from a few different sites to back it up.

http://www.calguns.net/a_california_arak.htm

RIFLES:

[size=]

A semiautomatic centerfire rifle capable of accepting detachable magazines and any of:

▪ a pistol grip protruding conspicuously below the weapon’s action

▪ a thumbhole stock or folding or telescopic stock;

▪ a flash suppressor, grenade launcher or flare launcher;

▪ a forward pistol grip.



A semiautomatic centerfire rifle with overall length of less than 30 inches;

A semiautomatic centerfire rifle with a fixed magazine holding over 10 rounds




**EDIT**

found the law cite.

http://ag.ca.gov/firearms/regs/genchar2.php

Effective January 1, 2000, Senate Bill 23, Statutes of 1999, establishes new criteria for defining assault weapons based on generic characteristics. This bill allows and requires persons who own/possess firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill adds Penal Code Section 12276.1 to the Penal Code as follows.
  • 12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
    1. A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
      1. A pistol grip that protrudes conspicuously beneath the action of the weapon.
      2. A thumbhole stock.
      3. A folding or telescoping stock.
      4. A grenade launcher or flare launcher.
      5. A flash suppressor.
      6. A forward pistol grip.
    2. A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
    3. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
    4. A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
      1. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
      2. (B) A second handgrip.
      3. A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
      4. The capacity to accept a detachable magazine at some location outside of the pistol grip.
    5. A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
    6. A semiautomatic shotgun that has both of the following:
      1. A folding or telescoping stock.
      2. A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
    7. A semiautomatic shotgun that has the ability to accept a detachable magazine.
    8. Any shotgun with a revolving cylinder.
      1. "Assault weapon" does not include any antique firearm.
      2. The following definitions shall apply under this section:
        1. "Magazine" shall mean any ammunition feeding device.
        2. "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
        3. "Antique firearm" means any firearm manufactured prior to January 1, 1899.

is that a proper enough cite?
Click to expand...
Doesn't mention any exclusion of .22cal in bold paragraph 5.

Upon closer examination you'd notice that an "assault weapon" is also a pistol and is limited to 10 rounds, regardless of caliber.

So, while the cite is proper, your analysis appears not to be.
Click to expand...


well since the only .22 handgun i have is only a handgun in michigan,no worries there.

and i was referring to rifles in my original statement,as i did not know handguns were under the california awb,i figured they just had a simple capacity ban,sorry i hadnt made myself clear originally,ill go fix it to say rifles.

im getting better at this cite thing,i gotta start making bookmarks when im reading firearms laws though,for future reference.
 
G

Guest

Guest
imported post

Bronson wrote:
Hombre1 wrote:
hi capacity mags are perfectly legal. Wanna buy some?:lol:
Click to expand...

Where do you want to meet and what do you look like so I canrecognizeyou when I get there? :p

Bronson
Click to expand...
Careful. He has stated that cops can lawfully lie.

He may be trying to get up caught up in a cyber stalking charge.

Or it could be Chris Hansen doing a sting. Trying to catch predators making arrangements with children to meet.

After all, he does act like a 12 year old.
 
G

Guest

Guest
imported post

Hombre1 wrote:
No. Could you cite any applicable case law (state and federal) or newspaper or internet links that pertains to your position? kthanx.
Click to expand...
He just keeps trolling, and trolling, and trolling, and trolling, and trolling...
 
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