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"Found" High Cap Magazines

Pace

Regular Member
Joined
Jun 2, 2009
Messages
1,140
Location
Las Vegas, NV
Has anyone actually been prosecuted under the high-cap magazine statute for owning high cap magazines? What if you "found" one (ie, parents died, was in their possession, or you accedently picked one up at a shooting range, etc).

The statute seems pretty clear that high cap magazines are illegal to sell, give, import.. but not possess.

On another note, if you are just visiting, high cap magazines aren't being imported, correct?
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
Has anyone actually been prosecuted under the high-cap magazine statute for owning high cap magazines? What if you "found" one (ie, parents died, was in their possession, or you accedently picked one up at a shooting range, etc).

The statute seems pretty clear that high cap magazines are illegal to sell, give, import.. but not possess.

On another note, if you are just visiting, high cap magazines aren't being imported, correct?

So long as some form of 'conspiracy' isn't involved finding large-cap mags is legal.

You are correct that simple posession is not regulated in CA.

Unfortunately your last statement is incorrect. The simple act of bring a large-cap mag from a state other then CA into California is importation (and illegal unless you qualify for one of the exemptions)

The most common exemption is that it is legal to re-import large-cap magazines in CA if you posessed them within CA prior to 1/1/00. Residency nor Ownership are an aspect of that exemption.

For citation: This is all covered in CA Penal Code 12020
 

pullnshoot25

Regular Member
Joined
Jul 24, 2008
Messages
1,139
Location
Escondido, California, USA
So long as some form of 'conspiracy' isn't involved finding large-cap mags is legal.

You are correct that simple posession is not regulated in CA.

Unfortunately your last statement is incorrect. The simple act of bring a large-cap mag from a state other then CA into California is importation (and illegal unless you qualify for one of the exemptions)

The most common exemption is that it is legal to re-import large-cap magazines in CA if you posessed them within CA prior to 1/1/00. Residency nor Ownership are an aspect of that exemption.

For citation: This is all covered in CA Penal Code 12020

Don't forget the three year statute of limitations.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
Don't forget the three year statute of limitations.

True enough - but within the context of an out of state poster it gets a little trickier...

If an out of stater illegally imported a large-cap mag into CA 1096 Days ago and left the mag within CA, the importer is now 'safe' from prosecution. In other words, the mag can't leave the state and come back as that would be a new crime.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
Don't forget the three year statute of limitations.

Is there a court case which happens to deal with statute of limitations? I've read elsewhere that the statute of limitations begins not when a crime was committed, but when a crime should have been discovered, or was discovered. If this is the case, assembling a standard capacity magazine in California and then keeping it hidden for three years may not qualify as being protected under the statute of limitations.
 

mark-in-texas

Regular Member
Joined
Aug 20, 2010
Messages
319
Location
Richmond, Tx
Just a little nit to pick....Please stop using the term 'high capacity' when describing magazines over 10 rounds. They're 'full capacity.' The others are 'politically limited.' Sorry, a pet peeve of mine.....carry on!
 

coolusername2007

Regular Member
Joined
Jun 28, 2009
Messages
1,659
Location
Temecula, California, USA
Just a little nit to pick....Please stop using the term 'high capacity' when describing magazines over 10 rounds. They're 'full capacity.' The others are 'politically limited.' Sorry, a pet peeve of mine.....carry on!

I thought it was "regular capacity" or even "normal capacity" where as ours are "low capacity" or perhaps "infringed capacity". Heh, maybe even "well regulated capacity".
 

Pace

Regular Member
Joined
Jun 2, 2009
Messages
1,140
Location
Las Vegas, NV
i don't personally care either way. they are all high-capacity to some of us who first used revolvers :)

Just a little nit to pick....Please stop using the term 'high capacity' when describing magazines over 10 rounds. They're 'full capacity.' The others are 'politically limited.' Sorry, a pet peeve of mine.....carry on!
 

Pace

Regular Member
Joined
Jun 2, 2009
Messages
1,140
Location
Las Vegas, NV
Visiting = Importing? I'd love to see the definition legally in the code for "import". Most state codes import means for sale or permanent possession in a state/county.

So long as some form of 'conspiracy' isn't involved finding large-cap mags is legal.

You are correct that simple posession is not regulated in CA.

Unfortunately your last statement is incorrect. The simple act of bring a large-cap mag from a state other then CA into California is importation (and illegal unless you qualify for one of the exemptions)

The most common exemption is that it is legal to re-import large-cap magazines in CA if you posessed them within CA prior to 1/1/00. Residency nor Ownership are an aspect of that exemption.

For citation: This is all covered in CA Penal Code 12020
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
Just a little nit to pick....Please stop using the term 'high capacity' when describing magazines over 10 rounds. They're 'full capacity.' The others are 'politically limited.' Sorry, a pet peeve of mine.....carry on!

Actually, the correct legal terminology is "Large Capacity Ammunition Feeding Device" which is defined specifically as being able to accept more than 10 rounds of ammunition.

When dealing the the law, precise terminology is best.

Is there a legal definition to "Full Capacity"? How many rounds does a "Full Capacity" magazine take? In my wife's Baretta, the "Full Capacity" magazine is 7 rounds. In my Hi-Point 9mm the "Full Capacity" magazine is 8 rounds. If an aftermarket company makes a 100 round drum magazine for a gun, is that a "Full Capacity" magazine, or is that an "Extended Capacity" magazine?

In California the term "Large Capacity" has a clearly defined meaning when dealing with magazines.
Any other terminology is simply an exercise in self-gratification.
 
Last edited:

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
Visiting = Importing? I'd love to see the definition legally in the code for "import". Most state codes import means for sale or permanent possession in a state/county.

The CA penal code regularly makes a distinction between 'simple importing' and importing for a specific purpose suchas 'import for commercial sale'

For example, a common exemption to importing a mag is:
(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.

vs
12020.1. Any person in this state who possesses, commercially
manufactures or causes to be commercially manufactured, or who
knowingly imports into the state for commercial sale
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
Is there a court case which happens to deal with statute of limitations? I've read elsewhere that the statute of limitations begins not when a crime was committed, but when a crime should have been discovered, or was discovered. If this is the case, assembling a standard capacity magazine in California and then keeping it hidden for three years may not qualify as being protected under the statute of limitations.

PC 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:

PC 801. Except as provided in Sections 799 and 800, prosecution for an
offense punishable by imprisonment in the state prison shall be
commenced within three years after commission of the offense.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
PC 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:

PC 801. Except as provided in Sections 799 and 800, prosecution for an
offense punishable by imprisonment in the state prison shall be
commenced within three years after commission of the offense.

You're probably right. What I was referencing is called the "discovery rule," and I can't find an instance of it in criminal cases. Maybe it's just a civil thing.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
You're probably right. What I was referencing is called the "discovery rule," and I can't find an instance of it in criminal cases. Maybe it's just a civil thing.

Discovery as a trigger is in PC 803, 803.5 - no firearms related offenses are included.
 
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