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  1. #1
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    Default Shipping Hi-capacity Magazines to California?

    I have listed several AK magazines for sale on Gunbroker and I have been contacted by an individual who wants to bid on them, but he lives in California. He says it is legal for me to ship them to him disassembled as "kits" and then he will reassemble them as ten round magazines. He claims that is perfectly legal under California law. I have serious doubts and think it is a good way to find myself in trouble with the law. I am not going to take a chance with this guy and will tell him that I will not sell or ship to California-- but although I think I know the answer, has anyone heard of such an exception that would allow the shipment of hi-capacity mags into California?

  2. #2
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    Don't do it. You have only his word that they will be 10 round mags, and that could come back to bite you big time.

  3. #3
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    No, I am not going to do it. Whether he makes them 10 rounders or not, I suspect the mere act of shipping them into California is a crime itself. Also, I cannot imagine that the state of California would allow such a loophole in the law given their propensity for all forms of gun control. I just thought I would ask to see if anyone else had heard of this "exception" in the law...

  4. #4
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    i recommend watching A.k.A. Tommy Chong. Shows how they set him up and it sounds IDENTICAL. Simply say no shipping to CA and if they hound you. I bet anything its a sting.
    Last edited by Atraeu; 03-30-2009 at 11:58 PM.

  5. #5
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    I live in CA and it's perfectly legal to send magazine parts of any capacity. Just no assembled mags. And the buyer can only use the mags as repair parts for mags owned prior to 2000.


  6. #6
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    Default I swear

    What can the state of Kalifornia do if it discovers hi cap mags being shipped from out of state????? It's a State law people..not a Federal one

    I'm not plannin to sell any,but just the same...do you reeeely think Kali is gonna come after you?? they've got much bigger fish to fry

  7. #7
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    Doubt they will come after you, but they could use the publicity to argue other states are responsible for all their problems. Can see news coverage of all the stuff snuck into the state.

    Then again I remember New York going after several small gun dealers in VA.

    I would stay away from it to be safe.
    "Would you die in your sleep like an ailing pet?" - Serenity

  8. #8
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    Quote Originally Posted by kb466 View Post
    I have listed several AK magazines for sale on Gunbroker and I have been contacted by an individual who wants to bid on them, but he lives in California. He says it is legal for me to ship them to him disassembled as "kits" and then he will reassemble them as ten round magazines. He claims that is perfectly legal under California law. I have serious doubts and think it is a good way to find myself in trouble with the law. I am not going to take a chance with this guy and will tell him that I will not sell or ship to California-- but although I think I know the answer, has anyone heard of such an exception that would allow the shipment of hi-capacity mags into California?
    It's a legal technicality according to the resident lawyers at www.calguns.net. Nothing wrong with high capacity AK-47 magazines - as long as you sell them to a guy who registered his banned assault rifle under the Roos-Roberti law in 1989-90. There is no way of knowing when somebody purchased a batch of used AK maazines that were made before the 1994 Clinton AWB required the special markings on them. If he gets busted; that's his own fault...
    Last edited by cousinkix1953; 03-31-2009 at 01:57 AM.

  9. #9
    Dr. Johnny Fever Guest

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    You have lots of sale options these days. I vote leave it alone/no sales to CA. You don't need the grief.

  10. #10
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    As far as I am concerned, it isn't worth taking any sort of chance. I have already told the guy that I am not going to sell or ship the magazines to California.

  11. #11
    vladimir Guest

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    Only to an FFL O1 then its on their license if its wrong .Other than that I would pass .its bad for california folks ,but it has to be that way . I would move ..LOL

  12. #12
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    You can ship AK mags to FFLs but even that requires another Kommiefornia license too. Not sure what the anti-gun police want with them, since they are the only real customers any more. They don't use commie rifles either...

  13. #13
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    Quote Originally Posted by cousinkix1953 View Post
    You can ship AK mags to FFLs but even that requires another Kommiefornia license too. Not sure what the anti-gun police want with them, since they are the only real customers any more. They don't use commie rifles either...
    Maybe they need to plant them as evidence of AK's being sent to Mexico...
    Mike

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  14. #14
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    Quote Originally Posted by Berg View Post
    I live in CA and it's perfectly legal to send magazine parts of any capacity. Just no assembled mags. And the buyer can only use the mags as repair parts for mags owned prior to 2000.
    +1.
    There seems to be a lot of ignorant FUD being spread about CA. laws.
    The laws are bad enough, but what’s even worst is people that don't have a clue as to what they are talking about imposing their own perceived restrictions and spreading even more FUD. They are playing right into the hands of the anti gun crowd. If you don't know what the law is, then don't post. You are doing more harm than good.

  15. #15
    vladimir Guest

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    Quote Originally Posted by TRICKSTER View Post
    +1.
    There seems to be a lot of ignorant FUD being spread about CA. laws.
    The laws are bad enough, but what’s even worst is people that don't have a clue as to what they are talking about imposing their own perceived restrictions and spreading even more FUD. They are playing right into the hands of the anti gun crowd. If you don't know what the law is, then don't post. You are doing more harm than good.
    A good part of it is that FUD . But the real thing is the people in the other 49 dont want to screw with it . And would rather sell to someone else than try to enterpret the california laws . To me sending 5 - 30 round disasembled mags ,is the same as sending 5-30 round mags ....period . A judge may find this same common sence approach . So I wouldnt even risk it slightly . Its unfortunate for you california members ,but most of us are not lawyers,risktakers .All for a measly few bucks . Sorry but your politicians dug that hole for you.

  16. #16
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    If he wants them that bad he should contact a family member or a friend that lives out of state and they can buy them and assume the responsibility of shipment. I use to live in Kalifornia and I collected alot of the fantasy type knives that all the knife catalogs would not ship to California but they were always for sale in mall stores or swapmeets for twice the price. My Dad lived in a free state and would buy them for me for "gifts" and send them out to me, problem solved.

  17. #17
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    I live in Calif, and am up on current Calif law. Technically and I say technically it is legal to ship high capacity magazine parts into Calif.

    The reason behind the law allowing import of mag parts into Calif. is If one of your legally owned mag breaks you can buy parts to fix it.

    The problem I see is when a party inside Calif asks you to send ALL the parts of a mag to him. I would not do that just because I would imagine the fellow may just put the parts together.

    If it was just a follower, base plate or spring I would not hesitate to send the part.

    A complete mag dissembled although TECHNICALLY legal I would NOT send here. Just not worth the risk.

    Here is the code pertinent to "large capacity" ( over 10 rounds) magazines in Calif:

    Penal Code 12020 (a)
    Prohibited activity
    (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. (felony)

    Allowed usages
    19) The sale of, giving of, lending of, importation into this
    state of, or purchase of, any large-capacity magazine to or by any
    federal, state, county, city and county, or city agency that is
    charged with the enforcement of any law, for use by agency employees
    in the discharge of their official duties whether on or off duty, and
    where the use is authorized by the agency and is within the course
    and scope of their duties.
    (20) The sale to, lending to, transfer to, purchase by, receipt
    of, or importation into this state of, a large-capacity magazine by a
    sworn peace officer as defined in Chapter 4.5 (commencing with
    Section 830) of Title 3 of Part 2 who is authorized to carry a
    firearm in the course and scope of his or her duties.
    (21) The sale or purchase of any large-capacity magazine to or by
    a person licensed pursuant to Section 12071.
    (22) The loan of a lawfully possessed large-capacity magazine
    between two individuals if all of the following conditions are met:
    (A) The person being loaned the large-capacity magazine is not
    prohibited by Section 12021, 12021.1, or 12101 of this code or
    Section 8100 or 8103 of the Welfare and Institutions Code from
    possessing firearms or ammunition.
    (B) The loan of the large-capacity magazine occurs at a place or
    location where the possession of the large-capacity magazine is not
    otherwise prohibited and the person who lends the large-capacity
    magazine remains in the accessible vicinity of the person to whom the
    large-capacity magazine is loaned.
    (23) The importation of a large-capacity magazine by a person who
    lawfully possessed the large-capacity magazine in the state prior to
    January 1, 2000, lawfully took it out of the state, and is returning
    to the state with the large-capacity magazine previously lawfully
    possessed in the state.
    (24) The lending or giving of any large-capacity magazine to a
    person licensed pursuant to Section 12071, or to a gunsmith, for the
    purposes of maintenance, repair, or modification of that
    large-capacity magazine.
    (25) The return to its owner of any large-capacity magazine by a
    person specified in paragraph (24).
    (26) The importation into this state of, or sale of, any
    large-capacity magazine by a person who has been issued a permit to
    engage in those activities pursuant to Section 12079, when those
    activities are in accordance with the terms and conditions of that
    permit.
    (27) The sale of, giving of, lending of, importation into this
    state of, or purchase of, any large-capacity magazine, to or by
    entities that operate armored vehicle businesses pursuant to the laws
    of this state.
    (28) The lending of large-capacity magazines by the entities
    specified in paragraph (27) to their authorized employees, while in
    the course and scope of their employment for purposes that pertain to
    the entity's armored vehicle business.
    (29) The return of those large-capacity magazines to those
    entities specified in paragraph (27) by those employees specified in
    paragraph (28).
    (30) (A) The manufacture of a large-capacity magazine for any
    federal, state, county, city and county, or city agency that is
    charged with the enforcement of any law, for use by agency employees
    in the discharge of their official duties whether on or off duty, and
    where the use is authorized by the agency and is within the course
    and scope of their duties.
    (B) The manufacture of a large-capacity magazine for use by a
    sworn peace officer as defined in Chapter 4.5 (commencing with
    Section 830) of Title 3 of Part 2 who is authorized to carry a
    firearm in the course and scope of his or her duties.
    (C) The manufacture of a large-capacity magazine for export or for
    sale to government agencies or the military pursuant to applicable
    federal regulations.
    (31) The loan of a large-capacity magazine for use solely as a
    prop for a motion picture, television, or video production.
    (32) The purchase of a large-capacity magazine by the holder of a
    special weapons permit issued pursuant to Section 12095, 12230,
    12250, 12286, or 12305, for any of the following purposes:
    (A) For use solely as a prop for a motion picture, television, or
    video production.
    (B) For export pursuant to federal regulations.
    (C) For resale to law enforcement agencies, government agencies,
    or the military, pursuant to applicable federal regulations.
    Last edited by JIMMY C; 03-31-2009 at 11:41 PM.
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  18. #18
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    Quote Originally Posted by kb466 View Post
    As far as I am concerned, it isn't worth taking any sort of chance. I have already told the guy that I am not going to sell or ship the magazines to California.

    You should have sent them. Piss on California.

  19. #19
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    Those IDIOTS in Sacramento has just realized that they can put serial numbers on high capacity magazines. Never mind that most of the world's military weapons have been marked this way for decades. I have some spare magazines for my WW1 SMLE and serial numbers are on those too.

    How does the buyer prove that he registered his AK/s-47 in 1989-90 as required by the Roos-Roberti law? If somebody legally posesses a grandfathered banned assault rifle, there is no way of knowing for sure when he purchased another magazine for it, unless it is dated or marked like those made during the federal ban between 1994-2004.

    You only have to worry about shipping magazines made for weapons that did not exist 20 years ago before that law went into effect...

  20. #20
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    Quote Originally Posted by cousinkix1953 View Post
    Those IDIOTS in Sacramento has just realized that they can put serial numbers on high capacity magazines. Never mind that most of the world's military weapons have been marked this way for decades. I have some spare magazines for my WW1 SMLE and serial numbers are on those too.

    How does the buyer prove that he registered his AK/s-47 in 1989-90 as required by the Roos-Roberti law? If somebody legally posesses a grandfathered banned assault rifle, there is no way of knowing for sure when he purchased another magazine for it, unless it is dated or marked like those made during the federal ban between 1994-2004.

    You only have to worry about shipping magazines made for weapons that did not exist 20 years ago before that law went into effect...
    Regarding "proof" of registration. If you registered your "assault weapons" you received a registration statement, and the weapons are listed in the Calif firearms data base by serial number.

    Regarding Possession of mag's with over a ten round capacity the law as I posted above does not prohibit simple possession. Violations occur when you

    " manufacture 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"

    Basically it's impossible for law enforcement to tell when you obtained your mags unless the mags are marked with a made on date, or are LEO marked post ban mags.

    It's a very poorly worded law, and as far as I could research there have been ZERO prosecutions for simple possession of large capacity mags in Calif.

    cousinkix1953, You state "You only have to worry about shipping magazines made for weapons that did not exist 20 years ago before that law went into effect..."

    I would NOT ship ANY mags with over a ten round capacity into Calif. as that would be a violation .
    Last edited by JIMMY C; 04-01-2009 at 06:09 PM.
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  21. #21
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    The guy is right. It is perfectly legal to ship all the parts for a normal capacity magazine to California, the parts just cannot be assembled. You have to remember, California's gun laws were written by morons.
    Mauserguy

  22. #22
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    Quote Originally Posted by Mauserguy View Post
    The guy is right. It is perfectly legal to ship all the parts for a normal capacity magazine to California, the parts just cannot be assembled. You have to remember, California's gun laws were written by morons.
    Mauserguy
    You can say it again. Dur fascist attorney general Wilhelm Lockyer confiscated more than 2000 Chinese SKS sporters, from law abiding suckers who registered them, at the time of purchase in the gun stores in 1999-2000. He didn't get after the criminals who owned the same kind of rifles. Four Oakland cops were killed with one of those illegal firearms. So now those anti-gun morons wan't to ban the SKS sporters again.

    Those village idiots have just realized that they can put serial numbers on magazines too. New technology, my azz. The world's military weapons contractors have done this for decades using a set of punches and a hammer...

  23. #23
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    Default Kalifornia

    Thanks for posting the quote. I lived in Kalifornia and moved out two years ago. I had lots of high cap mags from prior to 2000, as I was a Deputy and back in the late 80s had a registered under the AW bill AR and AK. I sold the guns, but not the mags. There is a slim possibility that in a few years we may move back (UGh! wife's idea). I kept the factory stuff so I can un-convert my Saiga if this happens. At least it is documented that I owed the guns/magazines back as far as 1989.:D

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