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

Discussion in 'Legal & Political Archive' started by Blackfeather7, Aug 30, 2010.

  1. Blackfeather7

    Blackfeather7 Oregon Member

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    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.
     
  2. CHLChris

    CHLChris Portland Metro East Love me some guns! Bronze Supporter

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    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?
     
  3. spengo

    spengo GLORIOUS CASCADIA Active Member

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    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.
     
  4. Dizle

    Dizle albany, oregon Member

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

    matt_w Hillsboro, OR Active Member

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    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 :)
     
  6. el gringo loco

    el gringo loco PDX Member

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    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.
     
  7. stackinchips

    stackinchips Portland, OR Member

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    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
     
  8. sigman

    sigman Olympia, Wa Member

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

    Crispy WA Member

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    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.
     
  10. d1esel

    d1esel Ridgefield WA. Member

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

    mccullogh NW Oregon Member

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    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
     
  12. Sponkmeister

    Sponkmeister Beverton New Member

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    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.
     
  13. spengo

    spengo GLORIOUS CASCADIA Active Member

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

    Also, 3rding calguns.net. Seems like they would be a more reliable source of info than the CA DOJ.
     
  14. coop44

    coop44 Tacoma ,WA Well-Known Member

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    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.
     
  15. wayoutwest

    wayoutwest Polk County, Oregon Active Member

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    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-large-cap-magazines-2005-11-10.pdf

    and relevent law


     
  16. BSG 75

    BSG 75 Oregon Well-Known Member

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    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.
     
  17. Trick

    Trick St Helens Active Member

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

    HahnsXD Battle Ground WA Active Member

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    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.
     
  19. SVT-ROY

    SVT-ROY Tigard Resident Beretta guru

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    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.
     
  20. BSG 75

    BSG 75 Oregon Well-Known Member

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    Putting a >10 round magazine in a "featured" (pistol grip, flash hider, foldable/collapsible stock) semiautomatic centerfire rifle in California is a felony, even if the rifle has a bullet button. If the rifle has a pistol grip or other "features" it must have a bullet button and a magazine with 10 rounds or less. If you have a "featureless" rifle then you don't need a bullet button and you can use magazines with >10 rounds, but you have to have owned the magazine(s) in California before 1/1/2000.

    Here is a flowchart to determine if a rifle is an illegal "assault rifle" in California http://www.calguns.net/caawid/flowchart.pdf