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Open carry with high capacity mags purchased pre-banned

Wolfcom

Regular Member
Joined
Jul 22, 2010
Messages
12
Location
Los Angeles
I've tried searching the forum but coul'nt find and answer to my question.
I live in Hollywood, CA and want to UOC with 2 15rd magazines. Gun plus the 2 mags were purchased pre-banned in 1996 so I know I can own them.

Does anyone know if its legal to OC with these mags or do I have to carry 10 rnd mags.
I've done alot of reading and researching and from what I've gathered, It should be perfectly legal for me to OC with these high capacity mags as long as I purchased them pre-banned.

What do you think?
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
I've tried searching the forum but coul'nt find and answer to my question.
I live in Hollywood, CA and want to UOC with 2 15rd magazines. Gun plus the 2 mags were purchased pre-banned in 1996 so I know I can own them.

Does anyone know if its legal to OC with these mags or do I have to carry 10 rnd mags.
I've done alot of reading and researching and from what I've gathered, It should be perfectly legal for me to OC with these high capacity mags as long as I purchased them pre-banned.

What do you think?

It is not illegal to use or possess magazines that will hold more than ten rounds.

All but one of my magazines was manufactured to hold 15 rounds. I was in possession of them during my police encounter and the issue was never raised. I purchased them before the high cap ban went into effect and the burden of proof is on the state to prove otherwise.
 

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
I wouldn't risk it. What happens if (when you get arrested and your firearm/magazines are taken as evidence) the police LOSE the your pre-ban magazines? You're screwed, not exactly replaceable.

Nobody is going to arrest anyone for having high-cap mags. The state has to prove you imported or manufactured the magazines in the past 3 years (statute of limitations). Mere possession is not a crime. Maybe a 20 year old kid would raise suspicion if he had high-caps, but other than that, nobody cares.

Carry your mags and be proud of it.
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
Just to be clear, not only must they have been purchased pre-ban, they must have been possessed within CA's borders before the ban.

So, no matter where/when they were purchased, possession within the state is the test.

Now, the burden of proof is supposed to be on the prosecution to prove you illegally imported, offered for sale, etc in violation of statute. However, as we have seen in other cases, the justice system (at the trial level, at least) is severely flawed. Just ask Theseus if being within the letter of the law is enough.
 

Mike Hawk

New member
Joined
Nov 18, 2009
Messages
301
Location
San Pedro, CA, ,
I've probably said it before, but the 3 year rule is moot. Even if you had bought them the day before from a stranger at a gun show (within CA), no crime was commited by you. It is legal to purchase, posess and use full capacity mags for handguns in CA.

But again, as we all should know, some cops don't really care for research and pull laws outta their arses as they see fit. In which case you'd beat the rap, but not the ride.
 
Last edited:

lotar4life

Regular Member
Joined
Jul 23, 2010
Messages
28
Location
Palos Verdes Estates
What problem will arise that you can't effectively put down with 20 rounds of ammo? On a side note... is there some sort of limit on the number of mags we can legally carry?
 

Mike Hawk

New member
Joined
Nov 18, 2009
Messages
301
Location
San Pedro, CA, ,
What problem will arise that you can't effectively put down with 20 rounds of ammo? On a side note... is there some sort of limit on the number of mags we can legally carry?

This sounds like the reasoning of one Bill Ruger, LOL. But to answer your hypothetical, how about 21 gangbangers? And no, no limit on # of mags.
 
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