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Clarification on 10 rd magazine law, please?

mjones

mjones

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Gunslinger said:
Peaceful transport of firearms under FOPA: http://www.law.cornell.edu/uscode/718/usc_sec_18_00000926---A000-.html

A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.

Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess such firearm to any other place where he or she may lawfully possess it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered. FOPA also seems to provide for necessary stops, like gasoline and rest.

Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest.
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Unfortunately, the issue at hand is importing large capacity magazines into California - FOPA is specifically about firearms.

I think a case could certainly be made that FOPA covers magazines...but it sounds risky to me.
 
Gunslinger

Gunslinger

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mjones said:
Unfortunately, the issue at hand is importing large capacity magazines into California - FOPA is specifically about firearms.

I think a case could certainly be made that FOPA covers magazines...but it sounds risky to me.
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The magazine is an integral part of the firearm. If that (large cap) was legal in the state where the journey began and legal at the destination, it is legal for peaceful transport. A gun is as incomplete without a magazine as it is without a firing pin.
 
mjones

mjones

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Gunslinger said:
The magazine is an integral part of the firearm. If that (large cap) was legal in the state where the journey began and legal at the destination, it is legal for peaceful transport. A gun is as incomplete without a magazine as it is without a firing pin.
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I agree with you completely that a large cap mag should be covered...simply clarifying that the door is indeed open for trouble. Weigh the risks and make an informed decision.

My google-fu is weak at the moment, but I think I have a good federal law analogy...LEOSA

That's the Law Enforcement Officer Safety Act - aka 50 state CCW for cops. Its my understanding that there are upheld convictions of LEOs for Large Cap Mags as well as Hollowpoint Ammo in the state of New Jersey.
 
Mike Hawk

Mike Hawk

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bigtoe416 said:
This isn't true. You can't use a 10+ round magazine in a OLL which fires centerfire ammunition and has a detachable magazine. If you were to have a Glock magazine which held 15 rounds that you obtained prior to January 1, 2000 and was at one time in CA before that date (or illegally manufactured/imported after January 1, 2000 and it's been three years since you've done so, and hence the statute of limitations has elapsed), then you'd be perfectly legal to use that magazine in your Glock.

Disagree? Give a citation.
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As long as we're doing hypotheticals here, I must also point out that the statute you speak of is somewhat irrelevant, and here's why: Say for example I went to a California gun show just yesterday and ran into a gentleman who told me that he owns an armored car company. He's selling normal capacity (15rd) pistol mags. It would be perfectly legal for ME to both buy and use those mags today, since buying, posessing or using them is not prohibited. Therefore the 3-year rule is irrelevant, and would be useless to anyone who would attempt to prosecute for this.
 
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inbox485

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Riverside County, California, USA
Simple answer is you are protected by federal law when transporting firearms through a state. The chance of it even being an issue is so slim, it is almost mundane to worry about (I put it in the same category as hair splitting the ins and outs of unloaded locked concealed carry). So, were it myself, and the gun and magazines were unloaded, and locked up in the trunk, I wouldn't give it a second thought.
 
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