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Old 06-03-2008, 20:50   #1
jdcatch
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New Glock owner with CA high-cap mag question

Awaiting delivery of a Glock 23 (my first gun purchase ever) and excited to join the Glock community.

I currently live in Florida, but I am moving to California soon. I was researching California's high-cap mag law and found the following excerpt from the California Dept. of Justice website: http://ag.ca.gov/firearms/pubfaqs.php#5

Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers.
(PC Section 12020 (b)(19-29))

Does this mean it is illegal for me to bring the 13 round mags that came with my Glock 23 to California?
Even if they were purchased legally in Florida?


Thanks in advance for any help provided!
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Old 06-03-2008, 22:41   #2
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Quote:
Originally Posted by jdcatch View Post
Awaiting delivery of a Glock 23 (my first gun purchase ever) and excited to join the Glock community.

I currently live in Florida, but I am moving to California soon. I was researching California's high-cap mag law and found the following excerpt from the California Dept. of Justice website: http://ag.ca.gov/firearms/pubfaqs.php#5

Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers.
(PC Section 12020 (b)(19-29))

Does this mean it is illegal for me to bring the 13 round mags that came with my Glock 23 to California?
Even if they were purchased legally in Florida?


Thanks in advance for any help provided!
Yes....do it and get caught.....your a FELON!
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Old 06-04-2008, 00:27   #3
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Yes. You can not legally bring (import) the large capacity magazines with you when you move to CA.

However, you can legally own magazine parts.
You can dissassembly your large capacity magazines and either sell them as parts in CA (mag repair kits) or keep them dissassembled. If you keep the parts, while in CA you can never assembly them, doing so would be considered manufacturing large capacity magazines.

So, you can...
option #1 = sell the magazines before you move to CA.
option #2 = dissassembly the magazines, bring them to CA and sell them as repair parts.
option #3 = disssassembly the magazines, bring them to CA and keep them dissassembled for the entire time they are in CA.

No matter what you do, you need to get some 10 round magazines for use in CA.

Also, within 60 days of relocating to CA, you need to register all your handguns with CA DOJ.
Download this form fill it out and mail $19 per handgun to CA DOJ.

Furthermore, you can not legally bring with you any firearm that is considered an assault weapon when you move to CA.
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Last edited by Quiet; 06-04-2008 at 00:32..
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Old 06-04-2008, 00:33   #4
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www.calguns.net

I highly recommend that all CA gun owners and future CA gun owners, go to www.calguns.net and join the forum there.

It will provide you with a wealth of information pertaining to the myriad of gun laws in CA.
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Old 06-04-2008, 06:30   #5
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My suggestion? DON'T MOVE TO COMMIEFORNIA!!!!!
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Old 06-04-2008, 08:16   #6
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It should also be noted that possession of high caps is NOT illegal. Only the sale, importation, or manufacture/assembly.
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Old 06-04-2008, 09:24   #7
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Originally Posted by Wulfenite View Post
It should also be noted that possession of high caps is NOT illegal. Only the sale, importation, or manufacture/assembly.
Very true. If you acquired these magazines in California before the ban, left them here, and are returning, then you can legally continue to own them. Are you sure you didn't acquire these here way back when?
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Old 06-04-2008, 17:03   #8
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Very true. If you acquired these magazines in California before the ban, left them here, and are returning, then you can legally continue to own them. Are you sure you didn't acquire these here way back when?
The problem with that is they are going to be NEW magazines....Im not UP on magazine markings but I wouldnt want to bet my freedom that the ATF isnt either.
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Old 06-05-2008, 00:13   #9
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Markings have absolutely no bearing. The mag could have a neon sign on it that blinks and says "I was Made After the California Mag Ban!!!" and it wouldent be proof you broke the law.

Any mag you lawfully possess can be repaired using new parts. All parts of the mag can be repaired/replaced. For instance, you could repair some crappy dysfunctional AR mags by replacing each part of the mag with parts from a Pmag; an AR mag that didn't exist when the ban went into effect. Perfectly legal, you just repaired an existing mag with newer, better quality, parts.

There's really only 5 ways you could run afoul the mag law. 1) You get caught bringing mags across the boarder in some sort of Cal DOJ buy bust sting operating across state lines. Of course if you disassembled those mags before you drove in from Nevada you'd only be importing parts which is legal. 2)You're observed by authorities assembling mag parts outside of a "repair". 3) You weren't born till after 2000. 4)You never set foot in the state prior to the ban (of course the burden of proof is the prosecutions, so they would have to prove you've never been in the state... a tall order). 5) You have a mag that ONLY fits a gun that didnt exist prior to 2000. 6) You let your mouth run and admit to a violation.

The law doesn't require you keep receipts for your pre 2000 mag purchases, it doesn't require you keep the damaged parts from your repairs.

This is truly a law that only effects the law abiding, because anybody with a room temperature IQ can violate it without any real chance of being prosecuted.
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Old 06-05-2008, 01:25   #10
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Burden of proof is on the DA's Office to prove you did not own the large capacity magazines in CA before the ban date.

If you were a CA resident prior to 2000, it would be hard to prove you didn't own large capacity magazines prior to the ban date.

If you are a new CA resident possessing large capacity magazines or a CA resident possessing large capacity magazines for a firearm that was not made before 2000 or a non-resident of CA possessing large capacity magazines in CA, it would be significantly easier for the DA's Office to prove you imported/manufactured them.
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Old 06-06-2008, 21:08   #11
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[QUOTE=Quiet;10602782]within 60 days of relocating to CA, you need to register all your handguns with CA DOJ.QUOTE]

Which is precisely why I will NEVER move to CA. Hear me - I will NEVER register my guns with any government, local, state or federal. Geez - you guys need to take your state back. CA has moved so far to the left that I'm surprised it hasn't fallen into the Pacific.
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Old 06-06-2008, 23:22   #12
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Which is precisely why I will NEVER move to CA. Hear me - I will NEVER register my guns with any government, local, state or federal. Geez - you guys need to take your state back. CA has moved so far to the left that I'm surprised it hasn't fallen into the Pacific.
I guess you would never live in Southern NV as well.
As a resident of Clark County, you have 72 hours to register your handguns with the LVMPD.

Or live in NY and NJ.
Both of which has far worst gun control laws than CA.


Taking back CA is an uphill battle which gets harder every year, when more and more pro-gun CA residents give up and move out of CA.
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Last edited by Quiet; 06-06-2008 at 23:36..
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Old 06-07-2008, 18:48   #13
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Quote:
I currently live in Florida, but I am moving to California soon. I was researching California's high-cap mag law and found the following excerpt from the California Dept. of Justice website: http://ag.ca.gov/firearms/pubfaqs.php#5
You found that section. Did you look further to find the following info in the same linked section to the following section (#25)?

I am moving into California and I own several handguns. What are the new-resident registration requirements?

You are considered to be a personal handgun importer as defined by California law. You may bring all of your otherwise California-legal firearms with you, but you must report all of your handguns to the DOJ within 60 days as required utilizing the New Resident Handgun Ownership Report. PDF logo [PDF 518 kb / 2 pg] You are not required to report rifles or shotguns. You may not bring ammunition feeding devices with a capacity greater than ten rounds, machineguns, or assault weapons into California.
(PC sections 12001(n), 12072(f)(2))


Read this other linked page, including the section titled Shotguns and Rifles, which also includes some of the same important information regarding ammunition feeding devices with the capacity to accept greater that 10 rounds. http://caag.state.ca.us/firearms/ab991.php

You can download a .pdf copy of the current California Firearms Laws booklet from the state attorney general website. The direct link is http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf

The general link to the Bureau of Firearms part of the Office of the Attorney General State of California - Department of Justice Website, (which the original poster obviously located) is http://caag.state.ca.us/firearms/

2007 dangerous Weapon Control Laws link http://ag.ca.gov/firearms/dwcl/

12020 thru 12040 Unlawful Carrying and Possession
http://ag.ca.gov/firearms/dwcl/12020.php

ARTICLE 2. UNLAWFUL CARRYING AND POSSESSION OF WEAPONS

* 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. ..... (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.


BTW, there are 58 Counties in CA. Some District Attorney Offices may have different priorities when it comes to prosecuting some types of crimes. http://california.resourcesforattorn...attorneys.html

The value of 'free legal advice' - (especially received from folks who aren't licensed to practice law and give out legal advice) - gleaned off the internet may ultimately prove to have even less worth than what you paid for it.

Welcome to California, BTW.
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Last edited by fastbolt; 06-07-2008 at 23:31..
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Old 06-09-2008, 23:42   #14
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But you had those preban right? =p
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Old 06-15-2008, 16:00   #15
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But you had those preban right? =p
How would that be possible if he's just moving into the state?

And why risk years of your life and your 2A rights for the rest of your life over 3 rounds of magazine capacity?

OP would be better off to just not move here. But, if he "has" to, using ten round magazines just isn't one of the ten biggest problems he's going to face.
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Old 06-15-2008, 17:23   #16
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How would that be possible if he's just moving into the state?

And why risk years of your life and your 2A rights for the rest of your life over 3 rounds of magazine capacity?

OP would be better off to just not move here. But, if he "has" to, using ten round magazines just isn't one of the ten biggest problems he's going to face.
It was a joke, you can relax.

High Cap mags aren't that big of a deal from what I have seen, maybe it's different throughout California, but I've gone to many ranges including the Sheriff's Range in Orange County with friends who have had High Cap magazines, and nothing was said.

My friend even shot next to an officer and the guy said "****, next time I'm out I'll bring the 33 rounders."

But I definantley agree with you on him not moving here, I'm moving back to Houston pretty soon and getting away from all of this crap!
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Old 07-28-2008, 00:57   #17
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Even if he's just moving here in CA, is it possible that jdcatch visited CA prior to the ban and bought some 10+ rounder and stashed it here somewhere before going back to his own state?
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Old 07-28-2008, 08:40   #18
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Even if he's just moving here in CA, is it possible that jdcatch visited CA prior to the ban and bought some 10+ rounder and stashed it here somewhere before going back to his own state?
Exactly. If he stepped, drove, maybe even flew, over California with a high cap in his pocket, EVER, that mag can be brought back in.
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Old 07-29-2008, 00:03   #19
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CA 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.
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