California Mag capacity question

TheGoldenState said:
You mentioned LEO, am curious if this includes retired LEO?
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TGS - I'm presuming you're asking about a gun manufactured after 1/1/2000 and related magazines.

First, I did not see an exemption for retired LEOs to purchase "large-capacity" magazines either with a gun or separately. I ain't no lawyer though so I could have missed it if it's buried elsewhere.

If you acquired the gun while an active-duty LEO and that acquisition was specifically for the discharge of (your) duties whether on or off duty, and where the use (was) authorized by the agency and (was) within the course and scope of (your) duties then you obtained the "large capacity magazines" within the law.

12020(b)(20) exempts sworn LEOs who are authorized to carry a firearm "in the course and scope of his or her duties." I'll leave it to a lawyer to interpret whether "retirement" consitutes the "course or scope" of a retiree's "duties". ;)
 
I think there needs to be a revolution in California, to take back what's ours and kick these corrupt money grubbing politicians out to the streets and reclaim our freedom, but it'll never happen. Would be kinda nice though :D It's easier to just move to another state. This state's going to hell in a hand basket. I'm like a rat deserting a sinking ship, Hi-Ho Arizona! People are nicer in Arizona too! Not so stuck up, :barf:
 
R.valleyguy,

There are several lawsuits in the works that will challenge many of the state laws. The next two years or so should be interesting ones in California.
 
As a resident & gun owner in the Non-free state of Kaliforina. Anything larger than a 10 round mag is illegal to use.
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No. As was stated above, if you own them legally, you can use them.

The only caveat is that you don't want to use them is it would put the firearm in an illegal configuration, i.e. a +10 round fixed magazine.

The Penal code doesn't say what you can do, it says what you can't do.


This is what the law says:

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.
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Note the word "possess" isn't there. Note "use" isn't in there. In fact, note the words "find" and "buy" aren't in there either....

It has also been argued that the way the law is written, if I sell or give you a 11 round magazine, I have committed a crime, you have not.
 
emcon5 said:
Note the word "possess" isn't there. Note "use" isn't in there. In fact, note the words "find" and "buy" aren't in there either....

It has also been argued that the way the law is written, if I sell or give you a 11 round magazine, I have committed a crime, you have not.
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First, IANAL and I didn't stay at a Holiday Inn either.

To be über technical, neither is the word "Sell" in the law. It only says "keeps for sale, or offers or exposes for sale". But it doesn't actually mention selling.

Obviously, as a general rule, you "expose for sale" those things you want to sell so buyers may see what they are buying. "Keep for sale" implies that the sole or primary purpose for keeping the item is to sell it.

In theory.... and I would NOT want to be the test case for this ...
If I solicit you by saying I'll buy any original Glock 19 mags you have for $X.xx each and after you collect the money, you hand me the magazine, it does not appear that any violation has occurred. You neither offered it for sale (indeed, I didn't know if you had any at all) nor exposed the magazine until after I paid for it and it became my property.

This, of course, is dancing your defense on the edge of Occam's Razor.

Do not try this at home and without adequate legal advice!
 
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