Originally Posted by Hogpauls
Hey guys I have to make a trip down your way and have a couple questions. First off is the current max mag capacity in California 10 rounds? Second, if it is can I have in my possesion a handgun with 13 round mags that was purchased new California? I purchased this gun new in the early '90s. I assume if I get questioned about by LE, they would be able to confirm this since the weapon was originally licensed in California, correct me if I'm wrong. Any help would be appreciated.
It is illegal to import large capacity magazines into CA after 01-01-2000 [PC 12020(a)(2)].
However, as long as you legally possessed the large capacity magazine in CA prior to 01-01-2000, you can legally bring that large capacity magazine back into CA [PC 12020(b)(23)]. There is no CA residency requirement for this exemption.
Since, you owned the 13 round magazines in CA during the early-'90s, you can legally bring them back to CA. You can not legally bring any large capacity magazines that you acquired after 01-01-2000.
Penal Code 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.
(c)(25) As used in this section, "large-capacity magazine" means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:
(A) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
(B) A .22 caliber tube ammunition feeding device.
(C) A tubular magazine that is contained in a lever-action firearm.