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Whats the law for mag capacity?

None2Slow

Regular Member
Joined
Apr 12, 2010
Messages
59
Location
Caldwell, Idaho, USA
I currently live in Idaho, but travel to California for family visits quite a bit, specifically Rio Linda in Sacramento County. I used to live there for 32 years. I am wanting to carry openly on my next visit and my firearm of choice is a Springfield XD compact .45. It has the 10rd mag and a 13rd mag. I know that Cali has a 10rd law, but does that affect when somebody from another state is visiting? The XD comes with a mag holster as well as the belt holster. Can I carry both of these magazines in California or am I just asking for trouble. Also, what should I be aware of when incountering LEO's ? Thanks for the help.
 
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Wc

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Can I carry both of these magazines in California? NO, just the 10rd mag.

What should I be aware of when incountering LEO's? You're ID is not California and they will taken the 13rd mag and cited.
 

wildhawker

Regular Member
Joined
Sep 13, 2009
Messages
113
Location
California, USA
Do not import assembled large-cap mags. Feel free to bring in your 10 round (or less) mags.

Never, ever ever consent to a search, and always state then exercise your right to remain silent.

If you encounter some sort of firearm-related legal issue in California, call our hotline at 800-556-2109.
 

1245A Defender

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Jul 7, 2009
Messages
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Location
north mason county, Washington, USA
huh?

Do not import assembled large-cap mags. Feel free to bring in your 10 round (or less) mags.

Never, ever ever consent to a search, and always state then exercise your right to remain silent.

If you encounter some sort of firearm-related legal issue in California, call our hotline at 800-556-2109.
who is this hotline gonna be answered by??
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
That number just went on my card for Cali Carry.

Now, being an Oregon resident (formerly from Cali), I carry my 12 round mags with my S&W 469 9mm. I bought the weapon (and the mags) when I lived in Cali, lawfully moved them to Oregon, and can lawfully return to Cali with them. Much to the chagrin of anyone who may go....oooo ooo we got him....

I wouldn't carry that weapon but for the fact that my other two sidearms (and my favorite rifle) are prohibited in cali due to mag capacity for one (which I aquired after leaving Cali and refuse to buy "wuss mags" for a 21 round capacity sidearm) and the other which is outright banned in Cali. Of course my deer rifle is also banned as an "evil black rifle"....even though it's mossy oak camo....an AR 10.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
Can I carry both of these magazines in California? NO, just the 10rd mag.

What should I be aware of when incountering LEO's? You're ID is not California and they will taken the 13rd mag and cited.

Incorrect response.

It is perfectly legal for a non-california resident to bring large capacity magazines (10+ rounds) into the state provided that they were posessed within the state prior to 1/1/00.

Posession of a large capacity magazine is not illegal. Importation, manufacturing, selling, offering for sale, giving & loaning large cap mags is generally a potential felony.

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.
...
(b) Subdivision (a) does not apply to any of the following:
...
(23) 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.
 

mjones

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Messages
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Location
Prescott, AZ
... and the other which is outright banned in Cali. Of course my deer rifle is also banned as an "evil black rifle"....even though it's mossy oak camo....an AR 10.

I'm curious what handgun you believe is 'outright banned' in CA - the only one I can thing of is the Taurus Judge - here in CA its classified as a Short Barreled Shotgun.

Your AR-10 - presuming its not actually an "Armalite AR 10" might be perfectly legal here as well. Generally speaking if its not on the outright 'banned' list, all you need todo is but on a 'bullet button' magazine release combined with non large capacity mags and its perfectly legal here. Check this flowchart for legality (http://www.calguns.net/caawid/flowchart.pdf)
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
Incorrect response.

It is perfectly legal for a non-california resident to bring large capacity magazines (10+ rounds) into the state provided that they were posessed within the state prior to 1/1/00.

Posession of a large capacity magazine is not illegal. Importation, manufacturing, selling, offering for sale, giving & loaning large cap mags is generally a potential felony.

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.
...
(b) Subdivision (a) does not apply to any of the following:
...
(23) 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.

This makes my 13 round mags for my Hi-Power completely legal as I bought them in CA, when it was still a part of the US, before going to SEA in '73. Now, should I be insane enough to enter the PDR of Kalifornia, they are completely legal to have, carry and use. In MA, my 13 rounders were legal by virtue of grandfathering, as well. Even though they are evil and honest subjects should only have 10 rounds, not the devil's 13.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
I'm curious what handgun you believe is 'outright banned' in CA - the only one I can thing of is the Taurus Judge - here in CA its classified as a Short Barreled Shotgun.

mjones is absolutely correct (as usual) about the magazines being perfectly legal as long as they were possessed in CA prior to 1/1/2000.

Outside of the Judge, he could have a handgun with a threaded barrel, which would be deemed an "assault weapon."
 

Wc

Regular Member
Joined
Feb 15, 2010
Messages
329
Location
, ,
I'm aware of...

Incorrect response.

It is perfectly legal for a non-california resident to bring large capacity magazines (10+ rounds) into the state provided that they were posessed within the state prior to 1/1/00.

Posession of a large capacity magazine is not illegal. Importation, manufacturing, selling, offering for sale, giving & loaning large cap mags is generally a potential felony.

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.
...
(b) Subdivision (a) does not apply to any of the following:
...
(23) 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.

Howdy MJones,

OP didn't stated when and where on 13rd mag.
Non-California resident is better off before the Kalifornia LEO, DA and judge.
Botttom line... how can you provided it on the spot with the LEO?
Does mag have a marked from State and before or after dated?
Do trained LEO known about the mag's marked and/or law?
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
Botttom line... how can you provided it on the spot with the LEO?
Does mag have a marked from State and before or after dated?
Do trained LEO known about the mag's marked and/or law?

All these questions would apply equally to residents of California who have regular capacity magazines as well. Police need probable cause to arrest, and since possession isn't a crime and since bringing a regular capacity magazine into the state isn't always illegal, then we can conclude that probable cause doesn't exist even if the OP is stopped one foot into the border of California. The only way any person could be (successfully) arrested for being stopped immediately inside the border of California would be if the person had a receipt for the magazines from another state that had occurred after 1/1/2000 (but where the statute of limitations hadn't taken effect).

Is it possible that you may get arrested? Sure. Is it probable that you'd be able to sue the arresting officer in his individual capacity and win your case? I think so. Is it possible that you'd be found guilty even if you followed the law perfectly? Yeah, look at Theseus.
 
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mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
Bottom line - ANY problems with legally owned or imported magazine - call the CalGuns Foundation hotline posted above. They will make it go away.
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
I thought my post was accurate, and still do. Having purchased (therefore possessed) my "high cap" mags (which really aren't HIGH cap) in CA before the ban they are lawful for me to return with and carry due to the exception for that.

While I didn't quote the black letter law, I know I have that exemption and when in CA I carry a copy of the appropriate CA codes which includes it.


Yes my outright banned weapon is the Judge. With the correct SD ammo it's a pretty good weapon as long as you don't have a lemon. Have to try it out on the range enough to be confident in the particular one you get (if you don't live in CA).

My AR 10 is a Remington R-25 (DPMS manufactured). I will NOT bring it to CA until the Constitution is restored as I have no interest in carrying a "heavy" weapon like it with "mini mags" (10 rounders) in it when my 1984 scoped trapper in 45 LC with handloads or my Weatherby 30-06 can handle any hunting needs. And while Remington is the weapons manufacturer of record, I have no doubt that it's DPMS lineage would create problems. I love my rifle and wouldn't subject it to being in the hands of the polezi for the amount of time that it would take to MAYBE get it back, nor wish to endure the "hospitality" of the CA Dept of Corrections "housing" facilities.
 
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acmariner99

Regular Member
Joined
Feb 12, 2010
Messages
655
Location
Renton, Wa
It is for this reason why I never plan to enter the DPRK as I go everywhere with my weapon. I cannot legitimately prove that I possessed the magazine prior to the ban going into effect. If I entered Cali with my XD .45 with 13 rd magazine and got pulled over -- Id be scared out of my skin. I know the whole rights deal, but it wouldn't take much for an officer in CA to figure out that I was scared about something. Id have to enter Cali with the mags and or gun disassembled to be legal. And i do not know if there are 10 rd magazines for my particular XD: 4 inch barrel, standard is a 13 rd mag. To my knowledge, no one has been prosecuted under this law because it is hard to enforce, but I'm not one to tempt fate.
 

Wc

Regular Member
Joined
Feb 15, 2010
Messages
329
Location
, ,
Standard in AZ

It is for this reason why I never plan to enter the DPRK as I go everywhere with my weapon. I cannot legitimately prove that I possessed the magazine prior to the ban going into effect. If I entered Cali with my XD .45 with 13 rd magazine and got pulled over -- Id be scared out of my skin. I know the whole rights deal, but it wouldn't take much for an officer in CA to figure out that I was scared about something. Id have to enter Cali with the mags and or gun disassembled to be legal. And i do not know if there are 10 rd magazines for my particular XD: 4 inch barrel, standard is a 13 rd mag. To my knowledge, no one has been prosecuted under this law because it is hard to enforce, but I'm not one to tempt fate.

http://www.calguns.net/calgunforum/archive/index.php/t-55126.html (please see wutzu)
 

None2Slow

Regular Member
Joined
Apr 12, 2010
Messages
59
Location
Caldwell, Idaho, USA
Well, considering that I have an XD .45 compact, it would be safe to assume to that it was made well after 2000. I purchased it this past summer. The nice thing about the compact is that it is available with the 10 and the 13. I use to have a Ruger P89 with the 10rd and a 25rd. When I had an incident where the neighbor called the police and htey showed up, the look on their face was priceless. 1 of the officers was looking over the gun while the other noticed the 25rd and picked it up. The look of shock and aww was funny. This was in California with the Sacramento County Sherrifs dept. I got the typical "you should call us instead of answering the door with a gun" speech. They left without incident and just that warning.

I do appriciate the info you guys have given and the above number will definately go into my phone while I'm there.
 

Gundude

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Joined
Sep 30, 2009
Messages
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Location
Sandy Eggo County
Well, considering that I have an XD .45 compact, it would be safe to assume to that it was made well after 2000. I purchased it this past summer. The nice thing about the compact is that it is available with the 10 and the 13. I use to have a Ruger P89 with the 10rd and a 25rd. When I had an incident where the neighbor called the police and htey showed up, the look on their face was priceless. 1 of the officers was looking over the gun while the other noticed the 25rd and picked it up. The look of shock and aww was funny. This was in California with the Sacramento County Sherrifs dept. I got the typical "you should call us instead of answering the door with a gun" speech. They left without incident and just that warning.

I do appriciate the info you guys have given and the above number will definately go into my phone while I'm there.

I would do both, call 911, then answer the door with a gun. They clean up the mess when they get there, if necessary.
 
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None2Slow

Regular Member
Joined
Apr 12, 2010
Messages
59
Location
Caldwell, Idaho, USA
It wasnt that bad, just somebody knocked on the door and when I asked who it was, I got no answer so I grabbed my gun. I again asked who it was and got no answer, so I approched the door and opened it with my body behind it. The guy on the other side asked if I had a Siamese cat. I said that I don't know what it was. He then asked if it had a red color. I replied that it has a flea collar. I dont know what color it is. At that point he saw the gun. He reached behind his back and started to pull something out. At this time I had my gun leveled at his chest. He produced a cell phone from behind his back. He then called and stated that when he came over to complain about my cat, I pulled a gun on him. He tried to give my description, at which time I produced my ID and let him give them all the correct info. maybe 5 minutes later the Sherrif showed up. I stated my story and what had happend when he knocked and how I answered the door. When they got there I had all my reciepts laid out along with a few "targets" with some well placed rounds. They told me that the guy was complaining because my cat pee'd on his door. Ohh and the guy was later arrested for possesion of methamphetamines..... go figure.
 

Gundude

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Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
It wasnt that bad, just somebody knocked on the door and when I asked who it was, I got no answer so I grabbed my gun. I again asked who it was and got no answer, so I approched the door and opened it with my body behind it. The guy on the other side asked if I had a Siamese cat. I said that I don't know what it was. He then asked if it had a red color. I replied that it has a flea collar. I dont know what color it is. At that point he saw the gun. He reached behind his back and started to pull something out. At this time I had my gun leveled at his chest. He produced a cell phone from behind his back. He then called and stated that when he came over to complain about my cat, I pulled a gun on him. He tried to give my description, at which time I produced my ID and let him give them all the correct info. maybe 5 minutes later the Sherrif showed up. I stated my story and what had happend when he knocked and how I answered the door. When they got there I had all my reciepts laid out along with a few "targets" with some well placed rounds. They told me that the guy was complaining because my cat pee'd on his door. Ohh and the guy was later arrested for possesion of methamphetamines..... go figure.

A cop would have shot him when he reached behind his back, and it would have been a good shoot.
 
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