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Thread: Open carry with high capacity mags purchased pre-banned

  1. #1
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    Open carry with high capacity mags purchased pre-banned

    I've tried searching the forum but coul'nt find and answer to my question.
    I live in Hollywood, CA and want to UOC with 2 15rd magazines. Gun plus the 2 mags were purchased pre-banned in 1996 so I know I can own them.

    Does anyone know if its legal to OC with these mags or do I have to carry 10 rnd mags.
    I've done alot of reading and researching and from what I've gathered, It should be perfectly legal for me to OC with these high capacity mags as long as I purchased them pre-banned.

    What do you think?

  2. #2
    Regular Member SargentMac's Avatar
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    I wouldn't risk it. What happens if (when you get arrested and your firearm/magazines are taken as evidence) the police LOSE the your pre-ban magazines? You're screwed, not exactly replaceable.

  3. #3
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by Wolfcom View Post
    I've tried searching the forum but coul'nt find and answer to my question.
    I live in Hollywood, CA and want to UOC with 2 15rd magazines. Gun plus the 2 mags were purchased pre-banned in 1996 so I know I can own them.

    Does anyone know if its legal to OC with these mags or do I have to carry 10 rnd mags.
    I've done alot of reading and researching and from what I've gathered, It should be perfectly legal for me to OC with these high capacity mags as long as I purchased them pre-banned.

    What do you think?
    It is not illegal to use or possess magazines that will hold more than ten rounds.

    All but one of my magazines was manufactured to hold 15 rounds. I was in possession of them during my police encounter and the issue was never raised. I purchased them before the high cap ban went into effect and the burden of proof is on the state to prove otherwise.
    New to OPEN CARRY in California? Click and read this first...

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    CL SUBJ IN COMPLIANCE WITH LAW


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    Regular Member wewd's Avatar
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    Quote Originally Posted by SargentMac View Post
    I wouldn't risk it. What happens if (when you get arrested and your firearm/magazines are taken as evidence) the police LOSE the your pre-ban magazines? You're screwed, not exactly replaceable.
    Nobody is going to arrest anyone for having high-cap mags. The state has to prove you imported or manufactured the magazines in the past 3 years (statute of limitations). Mere possession is not a crime. Maybe a 20 year old kid would raise suspicion if he had high-caps, but other than that, nobody cares.

    Carry your mags and be proud of it.
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    Just to be clear, not only must they have been purchased pre-ban, they must have been possessed within CA's borders before the ban.

    So, no matter where/when they were purchased, possession within the state is the test.

    Now, the burden of proof is supposed to be on the prosecution to prove you illegally imported, offered for sale, etc in violation of statute. However, as we have seen in other cases, the justice system (at the trial level, at least) is severely flawed. Just ask Theseus if being within the letter of the law is enough.
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    Regular Member Mike Hunt's Avatar
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    I've probably said it before, but the 3 year rule is moot. Even if you had bought them the day before from a stranger at a gun show (within CA), no crime was commited by you. It is legal to purchase, posess and use full capacity mags for handguns in CA.

    But again, as we all should know, some cops don't really care for research and pull laws outta their arses as they see fit. In which case you'd beat the rap, but not the ride.
    Last edited by Mike Hunt; 08-04-2010 at 12:46 AM.

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    Regular Member lotar4life's Avatar
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    What problem will arise that you can't effectively put down with 20 rounds of ammo? On a side note... is there some sort of limit on the number of mags we can legally carry?
    The more we sweat in times of peace, the less we bleed in times of war.

  8. #8
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by lotar4life View Post
    What problem will arise that you can't effectively put down with 20 rounds of ammo? On a side note... is there some sort of limit on the number of mags we can legally carry?
    You have to ask?

    ZOMBIES.

    AFAIK, the only restriction on the number of filled magazines you can carry is what weight you are willing to bear.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
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    Thank you all for your input. I will carry my mags with pride

  10. #10
    Regular Member Mike Hunt's Avatar
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    Quote Originally Posted by lotar4life View Post
    What problem will arise that you can't effectively put down with 20 rounds of ammo? On a side note... is there some sort of limit on the number of mags we can legally carry?
    This sounds like the reasoning of one Bill Ruger, LOL. But to answer your hypothetical, how about 21 gangbangers? And no, no limit on # of mags.

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