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Getting Busted W/ High Cap Mag

Discussion in 'California Glockers' started by CPG19, Jan 3, 2010.

  1. CPG19

    CPG19

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    I've been doing some research , but i could not find any infomation . what will happen if owner get busted with high capacity magazine ?

    would he loose full ownership / cant no longer own / buy ?

    or just tickets / gets magazine taken away / etc ?

    i know its not worth it ! but , just curious what will happen
     
  2. johnatwi

    johnatwi

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    It all depends on the city/state and local and state laws.
     

  3. MURRAY

    MURRAY Millennium Member

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    to me its not worth losing my guns or my PP but thats just me. I can carry preban mags in NY
     
  4. MySiK26

    MySiK26 ******

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  5. toshbar

    toshbar Timber Baron

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    Define "busted". "Busted" to me means "convicted", which means there is a law that exists and was broken. It is impossible to be convicted of breaking a law that doesn't exist, so unless your state has said laws, nothing will happen.
     
  6. vinnier6

    vinnier6

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    in california you can have preban mags as well....now how are they going to prove you didnt get the mags preban??
     
  7. Apollo11

    Apollo11

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    Not sure about the legal aspect, but you would need to eternally relegate yourself to the land of the non law abiding gun ******; living amongst those whom give all gun owners a bad name and others ammo for legislation. Such a place is not a happy one.
     
  8. curator

    curator

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  9. voyager4520

    voyager4520

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    A better question would be what are the prosecutors going to say when a regular capacity magazine is logged into evidence in a justifiable homicide when the owner had to defend himself? They're going to say he was breaking the law and he's a murderer.
     
  10. Minnow

    Minnow

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    California:

    http://www.ag.ca.gov/firearms/dwcl/12020.php
    UNLAWFUL CARRYING AND POSSESSION OF WEAPONS

    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.

    I hear the Governator is going to grandfather phased plasma rifles in the 40watt range...
     
    Last edited: Jan 4, 2010
  11. Glock-it-to-me

    Glock-it-to-me Catching liars

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    Go ask Alice, I think she'll know
    We don't have those screw the gun-owners laws in Texas.
     
  12. Quiet

    Quiet Casino Goon

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    In CA, possession of large capacity magazines is not prohibited.

    What is prohibited is the importation, selling, giving and lending of large capacity magazines after 01-01-2000.

    If a person in CA possess large capacity magazines, the state must prove that the person acquired the large capacity magazines after 01-01-2000. If the person possessed the large capacity magazines in CA prior to 01-01-2000, then that person is 100% legal (as long as the don't sell/give the magazines).

    Since the burden of proof is on the state, most CA LEOs (I know) don't bother with enforcement of this as long as the person possessing the magazines has a plausable story on how/when they acquired the magazines or if the person gets caught in the act of doing a prohibited activity (importing/selling/giving) with the magazines. However, possessing large capacity magazines that were not invented before 01-01-2000, will have LEOs looking harder into your story (such as... possessing large capacity magazines for the Springfield XDM, FN Five-seveN, Ruger SR9, H&K P30, etc).

    Some LEOs won't care and some LEOs will confiscate everything & let the lawyers figure it out. (letter of the law vs spirit of the law)

    Most cases I've seen involving PC 12020(a)(2) violations is that they are add on charges (done by the DA's Office) to other firearms related crimes (such as possession of unregistered assault weapons).
     
    Last edited: Jan 4, 2010
  13. Minnow

    Minnow

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    Risky at best. If I was the OP I would simply carry an extra 10 round magazine and not play the legal game.
    Glad I live in Texas where we don't have those kind of restrictions.
     
  14. atbarr

    atbarr

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    Same for Kentucky, land of the Free!

    A.T.
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  15. Dave Davis

    Dave Davis

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    You can also get rebuild magazine kits so you can keep the pre-ban Hi-cap magazine you have in good working order. There is a place on the net that will sell complete rebuild kits with all 4 parts in it......you must already own a pre-bam Hi-cap mag
     
  16. BigKid

    BigKid

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    In california, the extra 3, 4, or 5 rounds really aren't worth it. Any firearms violation can get you declined for your CCW and possibly even declined when trying to purchase.
     
  17. moncoacp

    moncoacp

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    In NY it is a Class D violent felony carrying a possible determinate sentence of between 2 and 7 years.