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I agree with @Yarome (and a lot of the rest of you) in that there gets to be a point where trying to prove you owned your mags before the effective date of the ballot measure is ridiculous.

But being a bit obsessive/compulsive on such matters, I've identified a strategy I "might" pursue.

Notarization.

A Notary can NOT notarize a photo. But they CAN notarize a STATEMENT from me about a photo(s), along with accompanying documents.

Given that I have a spreadsheet of all of my mags (told 'ya - a little OC), I could lay the mags out and take photos. I figure that even though I own hundreds of +10 mags collected over that past 40 years or so, I could group them and get by with 4 or 4 photos.

Then present a document for notarization with the spreadsheet and accompanying photos and a statement that I owned these mags before BM 114 was enacted.

Print out the photos, print out the spreadsheet, print out a statement with space for signatures, pay the notary, then throw it in my safe-deposit box.

Pics and docs would take about an hour. 30 more minutes to hit up my bank's Notary and shove it in the safe deposit box.

I don't need any more mags and can wait until BM 114 is struck down in court before I buy more +10 mags.

Not sure I'll do this, but then again, not sure I won't do this.

Take what you like and leave the rest.

Cheers
And your buddy could do the same thing with the same photo of the same mags.

Anybody else want to give this a try?
 
A sworn affidavit is admissable as evidence in a court proceeding. BOOM! Yer done and the ball goes into the prosecutions court to refute the evidence. Good luck with that, buddy! :s0155:
Usually not in a criminal court since it prevents either side from cross-examining the accuracy of the information. The best evidence rule, among others, would require the actual person to come in and testify and be challenged.
It's not as if a LEO or court can request that you defend yourself first, on a whim... "or else we'll charge you." The standards of proof for a charge are quite low, but it must first exist before there is any defense requirement.
But this one, right here. The State / People / Government must prove you committed a crime first. Standard cap mags are still legal to possess after the new law. There is no affirmative defense needed since you are not admitting to something that could be a crime (like in a self-defense case). Cali has had this law for years and although I'm sure if you look hard enough you will find exceptions, this is a non-issue, even down there (exceptions when you hear about it usually related to bunch of bad behavior).

Where there is a potential issue will be when the new BFG Blaster 9000 comes out and uses mags that were not in existence prior to December 8, 2022. If you buy one with 10 rounders and then magically some standard caps appear on your person, Lucy might have some splaining to do. Having multiple firearms in an existing, long-established platform are your friends.
 
@WillametteWill "...Standard cap mags are still legal to possess after the new law. There is no affirmative defense needed since you are not admitting to something that could be a crime (like in a self-defense case)..."

You are only partially correct. They are only allowed under the exemptions stated in Section 12. It Is a criminal offense to possess those magazines outside of the exemptions.
 
A notary stamp proves you made a statement at a certain date and time.
It does not prove that statement to be true.

However, that statement can now be used against you.
 
You are only partially correct. They are only allowed under the exemptions stated in Section 12. It Is a criminal offense to possess those magazines outside of the exemptions.
Agreed, but within those exemptions there is no crime. Period.

This area has wonky wording (i.e. stating that it is an affirmative defense) like most of the rest of 114. So if you have a standard cap mag in your home, at a range, locked in transport or the other exemptions there is no crime. To each their own but I'm going to spend my time and money helping to get this thing overturned instead of marking mags and going to a notary. But that is just me, no disrespect intended to others who choose differently. One never knows the depths of evil and stupidity for the current OR government so events could change my mind on this and everyone else could be right. Seems like many of the Sheriffs are headed in the right direction though.
 
Why don't we all get together in a big parking lot somewhere with all of our magazines. We can put them in a BIG pile and give them all to one of us. that person takes a picture and can claim they owned all of these magazines before December 8th, 2020. They then give them to the next person who can take their own picture and make the same claim. Do this until everyone has owned all the magazines. And this way when the jack-booted thugs come to confiscate them you can truthfully say you gave them all away before December 8th. It's a win-win situation!!:rolleyes::rolleyes:
 
I have pictures of all my hi cap mags in the shower with me holding a newspaper with the date on it . The court will enjoy some of my creative poses and cat like prowess my modeling career will probably take off after that thank you 114 !
 
My two kids compete in rifle sports and use 20 and 15 round mags. To throw an idea for thought, how about setting up a trust and including your kids and wife on it?
Why would you that transfer is just as exempt as a firearm transfer between you. Besides is there an age limit on purchasing magazines, who's to say your six year old didn't buy them at his local gun shop.
 
I guess you can all just not worry about it until it comes into play.
The legal burden of proof in criminal trials is, simply a restatement of a fundamental presumption, that a person is presumed to be innocent until proven guilty.
 
How exactly would a photo or engraving prove anything? One could engrave "12/1/18" on a magazine they procure on 3/1/23. And if you have a dated photo, how do you prove that the mag you're pulled over with or whatever is the same one that's in your photo?
 
The 9th circuit has placed a stay on California magazine ban. Such a ban is unconstitutional. So says the court. The 9th circuit covers Oregon as well as California.
 
The 9th circuit has placed a stay on California magazine ban. Such a ban is unconstitutional. So says the court. The 9th circuit covers Oregon as well as California.
Do you have a reference or link to corroborate your statement? Everything I'm seeing says that the law was put on hold in 2019, but was again upheld in 2021 until June of this year when SCOTUS has asked the 9th circuit court to re-consider their decision in 2021 to uphold the magazine ban.
So this says that the law was upheld: https://www.sandiegouniontribune.co...rcuit-upholds-large-capacity-gun-magazine-ban
But this says there was a stay: https://www.nraila.org/articles/202...nue-possession-of-lawfully-acquired-magazines
And this talks about the latest SCOTUS decision: https://www.sfchronicle.com/califor...ders-Ninth-Circuit-to-reconsider-17277667.php

Very convoluted... :(
 
Do you have a reference or link to corroborate your statement? Everything I'm seeing says that the law was put on hold in 2019, but was again upheld in 2021 until June of this year when SCOTUS has asked the 9th circuit court to re-consider their decision in 2021 to uphold the magazine ban.
So this says that the law was upheld: https://www.sandiegouniontribune.co...rcuit-upholds-large-capacity-gun-magazine-ban
But this says there was a stay: https://www.nraila.org/articles/202...nue-possession-of-lawfully-acquired-magazines
And this talks about the latest SCOTUS decision: https://www.sfchronicle.com/califor...ders-Ninth-Circuit-to-reconsider-17277667.php

Very convoluted... :(
The Lincoln County Sheriff mentioned the stay in his comments about 114.
You can read it on his Facebook page.
 

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