Thread: is it legal to take hi-cap mags to CA disassembled?

Unfortunately it looks like we may be moving back to California to be closer to the kids and grandkids. I have been told that it would be legal to take my hi-cap mags with me if I disassemble them and keep them disassembled while in the state.

Does any one know if this is true or not?

Peace, but keep your powder dry.

First of all, "But he said so..." doesn't really hold up in court. I'm not sure if CA law is as accessible as OR law on the web, but maybe you should look at the regs yourself.

Unless somebody has them at their fingertips.

My guess (opinion based on logic, NOT the law) is that if high-cap mags are illegal (stupid commie law, though it is) put together, I can't imagine taken apart they would be legal.

Except, if they are stored as separate parts, who would even know?

Hi-cap magazine? What is that? 100rd c mag? I have some standard capacity 30rd magazines for my AR-15. I heard in California you are only allowed to have low-cap 10rd mags.



If you're worried about it I wouldn't bring them at all. Have an OR friend hold on to them for you or rent a storage box. Of course some very very bad people might just bring their standard-cap magazines with them anyway and hide them (who's gonna know?) but I would never ever do a thing like that. That would be illegal and that's just wrong.

you can have the mags that look like 30rounders (for ar15) but only hold 10

I'm sure the people of CA will feel much safer knowing that you won't be taking any fully assembled hi-cap mags there

Be careful when you research this. The statute may not specifically address this exact situation. Case law will likely be what determines what is defined as possession and case law is much more difficult to research on your own.

In Oregon, in federal court, and in many other states, there is a concept called constructive possession. This legal concept allows for people to be charged with possession of contraband items if they possess all of the required components and the contraband item is readily able to be assembled. An example would be that you own an AR-pistol and an AR stock. Depending on the circumstances (and there are many possible mitigating factors), you could theoretically be charged with possession of a SBR based on the theory of constructive possession. Case law will likely determine (and maybe not too clearly) what is defined as readily able to be assembled. I would be surprised if CA did not consider the concept of constructive possession when determining if you were in possession of a contraband magazine.

However, I do believe that CA conformed to the Federal Assault Weapons ban in that magazines manufactured before a certain date remain legal. I am not 100% sure on this, but that exception would be mush easier to research.

I am no lawyer so do not take my words as legal advice. As a previous CA resident, I owed a few "Re-build" kits/mags that I legally got at shops and had some shipped to me from online retailers as well. The re-build mag is just a disassembled magazine (floor plate, spring, follower all separated) and its legality in CA is for pre-ban magazine owners to be able to repair their existing pre-ban mags. However anyone can pretty much buy them. I used them when I took trips to the NV desert to shoot, and before I came back I just disassembled the magazines. My advice is to either sell/store your mags or if you really want them, just keep them in a safe spot disassembled. Almost everyone I know from CA that is into shooting owns rebuild kits, but just take your pre-cautionary measures and best of luck

I would think no but would ask on Cal Guns if I were you.

Try calling the county/city Sheriff/PD you are moving to, and ask them as they are the ones you are most likely to deal with. If it holds true to what I remember, some of those grey areas are susceptible to city to city and/or county to county politics, regulations and ordinances.

Call the DOJ in Sacramento. That will be the best source for gun law info in California.

Originally Posted by Blackfeather7

Unfortunately it looks like we may be moving back to California...

I'm very sorry. I lived in the State of Confusion for 23 years and will never go back.

I have given up trying to keep up with their ridiculous laws. That said I know plenty of people with hi-caps that live down there.

44mag.com used to disassemble mags for an extra couple of dollars and ship them as repair kits to some states that had grandfather clauses. They have changed the website and I don't see that service offered now but the idea is worth looking into.
Good luck

Originally Posted by d1esel

Call the DOJ in Sacramento. That will be the best source for gun law info in California.

After reading calguns.net for a while, this is the LAST place to get any kind of accurate Cali gun law info. They will spread fear, uncertainty and doubt about if something is illegal or not.

Go to Calguns.net and register there if you haven't already. Read and understand that the gun laws in California are messed up and convoluted.

Originally Posted by titsonritz

I'm very sorry. I lived in the State of Confusion for 23 years and will never go back.

I have given up trying to keep up with their ridiculous laws. That said I know plenty of people with hi-caps that live down there.

What is this hi-cap thing people keep talking about? My good buddies Smith and Wesson don't know either.


Also, 3rding calguns.net. Seems like they would be a more reliable source of info than the CA DOJ.

Originally Posted by Sponkmeister

After reading calguns.net for a while, this is the LAST place to get any kind of accurate Cali gun law info. They will spread fear, uncertainty and doubt about if something is illegal or not.

Go to Calguns.net and register there if you haven't already. Read and understand that the gun laws in California are messed up and convoluted.

I have been registered on calguns under the same screen name for some time, unlike this site they have a legal counsel and a 2nd amendment defense organization, they are the lone voice of freedom in a screwed up state.

Yes, you can import the "high cap" mags back into California but they will have to be dissembled...they would have to be blocked to 10 rounds and permanently fixed as 10 rounds if you want to use them. Unless you owned them in California prior to 1/1/2000 in which case you should be able to move back with them.

http://www.hoffmang.com/firearms/DOJ...2005-11-10.pdf

and relevent law

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.
...
(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.

There are exceptions in 12020(b), (b)(19)-(32) notably
Quote:
(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.

Originally Posted by Blackfeather7

Unfortunately it looks like we may be moving back to California to be closer to the kids and grandkids. I have been told that it would be legal to take my hi-cap mags with me if I disassemble them and keep them disassembled while in the state.

Does any one know if this is true or not?

Yes it is true.

But why bring them down there if you can't use them there? Might as well sell them before you move.

The easiest solution would be to have your kids and grandkids move north.

I researched this topic when I was planning a road trip that would take me through CA for about 150 miles. From everything I was able to gather it is legal to disassemble the mags and bring them into the state.

You could get an AR15 with the "bullet button" rather than a mag release. Its lame but the only way for 30 round mags. I'm not sure if you guys seen them but you have to use a bullet tip to press the mag release. That way is considered a fixed mag.