Re: Do Cali AW laws apply to mag fed bolt guns?
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: MidwestPX</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: The Mechanic</div><div class="ubbcode-body">Do me a favor m1match. Can you go to the Cal DOJ website and show me the err of my ways? My quote is off their web site.
I would like to see you go to a local range with a "LEO ONLY" magazine in your rifle today and not have some splanin' to do.</div></div>
Please see this letter from CA-DOJ:
http://www.hoffmang.com/firearms/DOJ-large-cap-magazines-2005-11-10.pdf
Basically, you can import rebuild kits that are just disassembled mags and you can replace every part of a pre-ban mag. This is why you can rebuild a pre-ban USGI into a PMAG.</div></div>
here is a portion of the pdf. I had to OCR it as it is actually an image. I will give up after this post on this as anyone can do what they want. I am a lucky one and LOADED up on magazines for every firearm I have and that I thought I could potentially buy in the future.
My comments in <span style="color: #FF0000">red</span>.
Q4: can a California resident travel to another state, purchase a hi-cap magazine in that state, disassemble it and ship the required replacement parts back to themselves in California?
A4: Penal Code section 12020(a)(2) makes it illegal to import a large capacity magazine into the state of California. If you traveled to another State in order to import a large capacity magazine, you would be guilty of a felony, even if you disassembled the large capacity magazine before returning to California. If you disassembled the large capacity magazine with the intent to use it only as repair parts, you could lawfully bring the parts in to California. In either case, you would test the limits of the law, and be at risk of criminal prosecutlon.
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"><span style="color: #FF0000">"makes it illegal to import a large capacity magazine into the state of California" I believe this.</span></div></div>
Q5; Can you replace the magazine body with one marked “For Law Enforcement Only?”
A5: While theoretically you could use such a part to repair a lawfully owned large capacity magazine, most dealers would be unlikely to sell you such a magazine body, unless you were a law enforcement officer.
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"><span style="color: #FF0000">Do you really want to test this?</span></div></div>
Q6: Is there any limitation to the number of parts you can replace in a legally obtained hi-cap magazine? (Scenario: if on successive days I replace each individual part of a legally obtained hi-cap magazine, am I guilty of assembling a new hi-cap magazine once the final part is replaced?)
A6: Whether the scenario you describe constitutes repairing or manufacturing a large
capacity magazine depends upon the legal opinion of the prosecutor in the
jurisdiction where the acts occur. There are 58 district attorneys in California’s 5
counties. They could elect to prosecute you for a felony (Penal Code
I 2280(a)(2)), if they believed that you were manufacturing a large capacity
magazine.
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"><span style="color: #FF0000">I read that as "Go ahead, make my day" in my best Clint Eastwood voice (including eye squint)</span></div></div>
Q 7: If he magazine body is replaced wit/i one clearly manufactured a/icr 2000... is there any burden of proof upon a California resident that they did in fact replace a worn/obsolete part and did not illegally purchase/import a new hi-cap magazine.
A7: A California resident who repairs a large capacity magazine that was owned before January 1, 2000 does not have any “burden of proof that the magazine was repaired, rather than replaced with a new magazine. However, it would be prudent in such a case to keep records documenting the purchase of the part necessary for the repair in order to demonstrate that the large capacity magazine was repaired, not replaced.
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"><span style="color: #FF0000">Repaired your original purchased BEFORE 2000.</span></div></div>
Q8: Can you use parts designed for a JO-round magazine to repair a legally obtained hi-cap magazine?
A8: if parts designed for a 10-round magazine are interchangeable with parts of a legally obtained large capacity magazine, there is no legal barrier to using them.
Q9: Can you have enough spare parts to assemble a new hi—cap magazine provided they are unassembled and intended for use as replacement parts?
A9: Whether the scenario you describe constitutes possession of magazine parts with the intent to manufacture or with the intent to repair a large capacity magazine depends upon the legal opinion of the prosecutor in the jurisdiction where the acts occur. You could be charged with a felony (Penal Code I 2280(a)(2)), if a prosecutor believed that you were manufacturing a large capacity magazine.
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"><span style="color: #FF0000">"depends upon the legal opinion of the prosecutor in the jurisdiction where the acts occur" I don't have one of those prosecutors in my hip pocket.</span></div></div>
<span style="color: #FF0000">Like I said it is all up to you to "test" the limitations of Kalifornia and its Supreme court, but I just don't have the money. </span>
