Penalty for possession/use of oversized clip in CA?

Discussion in 'California Glockers' started by emesdub, Apr 23, 2007.

  1. emesdub

    emesdub Guest

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    As the title states, what's the penalty for "possession" of a 33 round magazine. For those who don't know, they only allow us 10 measly rounds here in California. :sad:

    What about actually "using" it (in a real-life warranted situation of course)?

    ... Loser enters my home, I positively identify he's an intruder, he has a gun himself and reaches for it when he sees me... I unload on his ass with my 33-rounder. Of course, there'd be numerous variables involved. But basically, if I used my gun in a lawful manner but used an "illegal" sized clip. What kind of trouble would I be in? Would the penalty be the same between the 15 and 33 round clips?
     
  2. cdurand

    cdurand NRA Member

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    Did you own this 33 round magazine prior to the ban? If so then you are fine to own it now.

    Is there any way to date a Glock mag? Maybe the follower since that seems to the parts that change from time to time. Of course people also update their own followers so that might not be a fool proof way to tell when a Glock mag was manufactured.
     

  3. barres

    barres

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    I am not from California, so take this with a big grain of salt, but I thought the California law banned the purchase or transfer of high cap mags. If you owned one prior to the ban it was grandfathered in as legal. If that is the case, then the use would be legal, so long as the ownership was. Beyond that, I don't know, and I may have that info mixed up with another state.

    Thank God I live in Texas!

    Oops, CDurand beat me to it. At least it looks like I had my info right!
     
  4. emesdub

    emesdub Guest

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    Okay, what if I wasn't "grandfathered" in?
     
  5. PACorps

    PACorps Millennium Member

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    Not from CA either (well, not since '82 anyway :)), but my hunch is it's an overall crap shoot on how much the law is willing to side with you on an all-bets-are-off basis should a true defense scenario occur. I'm also going to come clean and say it sounds like this question is being driven by posessing something you aren't legally supposed to (especially since you're telling us - theoretically - it's not grandfathered in), but no need to confirm or deny to us here on your part.

    Bottom line: yeah, I hate mag restrictions and glad I don't have them in WA, but being "limited" to 10 rounds really isn't such a limitation if you own several mags, use quality defensive ammo and engage in frequent an effective practice.
     
  6. wrkerr

    wrkerr

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    Then you cannot legally own it, let alone use it.
     
  7. fiveflat

    fiveflat

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    This is true. However DOJ has to prove that you didn't have it prior to the ban.
     
  8. harleyfx69

    harleyfx69

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    my 2 cents ..

    you wont really need more than 10 rounds for HD ..

    33 is getting into *mall ninja* territory ..

    have a couple spare 10 round magazines lined up .. since you said 33 im gonna guess that its a 9mm .. get yourself some good defensive hollow point rounds .. maybe SXT"s or ranger T's .. or something along those lines .. and youll be set ... i wouldnt risk that extra thing to put into a prosecutors mind that could turn a good shoot into something else ..


    something else to consider is having a shotgun or other defensive long arm as your primary and then your handgun as a secondary / backup / bedside to get to longarm piece ..

    IMO .. dont use the 33rd .. *theoretically* stick it in a box in the corner of an attic in your theoretical house ..

    overall any restrictions are bad .. but still most people in non restricted states dont even use those HIGH cap magazines in their handguns .. now a 30 rounder in a ar or ak is a different matter ..
     
  9. thorn137

    thorn137 Walther

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    It's not "illegal".

    It's illegal. If you dont like the CA law, get it changed or move to a less socialist state.

    And pls do your fellow gun owners a favor: dont use your illegal magazine when you shoot and kill an intruder. A legal-sized magazine is going to do the job just fine.

    thorn
     
  10. ipscshooter

    ipscshooter Mostly IDPA now

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    10 is more than enough, if you can hit your target. What about all those rounds you missed with as you are "unloading on his ass", that went sailing through walls into your loved ones?
     
  11. SweetG21

    SweetG21 Guest

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    Just out of curiostity, sticking to the original question. What would the penalty be? anyone know?
     
  12. JTB

    JTB always learning

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    According to the DOJ website up to a year in jail for possession
     
  13. Oneiros

    Oneiros Guest

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    My AK is for HD and it has 30 rounds per magazine. I even have a 75 rounder if I really wanted...
     
  14. DanMartin

    DanMartin

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  15. hokieglock

    hokieglock Proud Infidel

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    a couple of ten round mags should be sufficent. if you feel undergunned with this or live in an area with some MS-13 homies keep mr 12 gauge close by. use the handgun to get at the shotty. btw, put those "illegal" mags in a shoe box up in the attic for when kkommiefornia becomes free again.
     
  16. jnojr

    jnojr Grrrrrrr...

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    I believe this would be a felony... lose your gun rights forever.

    If you've lived in CA since before '00 and don't do anything stupid like admit that you bought a magazine after the cutoff, or go out of state and buy one that couldn't possibly have been in CA before the cutoff, or buy one with a credit card, you'll be OK... there's no way for them to prove you violated the law.

    This sort of thing isn't worth messing with. Most people who lived here before the ban bought all sorts of magazines for guns they might not even have owned at the time. We can dip into our stash of legally owned magazines. If standard capacity magazines are important to you, I'd suggest moving, 'cause there's next to no chance they'll ever be legalized here again.
     
  17. camoram

    camoram Guest

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    Would they be nice for the range or out plinking with your friend's? yes. Do they look "cool" ya. If you get caught it is a felony, you will loose your right to legally own a firearm in CA. So bottom line is, unless you owned it pre ban and can prove it; loose it. Like already said, buy more 10 round mags. I have 12 now. 2 are used full time for home defense rounds. and the other 10 are for the range.
     
  18. fiveflat

    fiveflat

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    Well, I recently bought a G27. I need the extended mag (which allows it to hold 11 rounds) so my pinky finger can have a place to hang out.
    I happen to have one and it's not illegal to own it. It's only illegal to purchase it after the ban date. Like I said - they have to prove that you bought it after the ban date. You don't have to prove that you bought prior to it.
     
  19. Cobra64

    Cobra64 Deals in Facts

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    Depends on where I am.
    I'm not aware that semi-automatic pistols use clips. Especially 33 round clips. If I needed that many rounds in one magazine, I think I'd spend more time at the range.

    Maybe this might be a good alternative:

    [​IMG]

    Not sure if it's legal in California though.
     
  20. fiveflat

    fiveflat

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    If I have a large-capacity magazine, do I need to get rid of it?

    No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers.

    (PC Section 12020 (b)(19-29))