Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 8/27/2015 11:16:53 PM EDT
Just looking for advice to keep me legal, not trying to troll...

I have a number of 30 round mags which are legally owned and were in my possession prior to 2000. My question is this: I would love to take a carbine class out of state but if I take my legal mags out of state it appears there is no legal way to bring them back home (I am a CA resident)? It seems the most recent law would make me a felon even if I disassembled prior to returning home. I cannot afford that type of risk/liability.

I assume I am out of luck but is there any exemption or any legal way to use my legally owned mags out of state and then to bring them home? Again, not trying to troll. I don't think there is but I don't want to assume...

I am just a normal working class "Joe". No military, police, or fire connections...

thanks.
Link Posted: 8/28/2015 12:14:57 AM EDT
[#1]
Why would you reach that conclusion?  You would not be "importing".
Link Posted: 8/28/2015 12:51:15 AM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Why would you reach that conclusion?  You would not be "importing".
View Quote


Well, I did ask the question because somewhere along the line I thought I saw something that said I could take them out and bring them back but... If I get stopped at a border check (there is one on the I10 coming back into CA) and if for some reason they decide to search my car, that wouldn't be construed as "importing"? Perhaps I need to research the legal definition of importing.

I would have no way to prove I didn't just buy these mags in AZ or Nevada and that I was bringing them into the state illegally. If I was a officer and someone told me "I already owned these", I wouldn't believe them... Granted, the likely hood of me (average Joe) being stopped and searched is almost zero. In my 26 years of driving I have never ever been searched. But, like I said earlier, I cannot afford a felony charge and it is my understanding that is what the current law would charge me if I was "caught" bringing 30 round mags into the state.

Knowing this can be a touchy scenario, I want to reiterate that I currently legally own several 30 round mags. I am NOT asking for a way to skirt the law. Just wondering what, if any, options I have to take my existing mags out of state to use for a carbine class.

Thanks.
Link Posted: 8/28/2015 3:54:36 AM EDT
[#3]
I believe that the burden of proof lies with the state to prove that you're lying. Did you own a firearm that accepted those mags prior to 2000? Can you prove residence that you've lived in the state prior to 2000?

It's a shitty situation. What state would be traveling to for the class? Could you buy mags there and maybe resell them before crossing back?
Link Posted: 8/28/2015 8:44:33 AM EDT
[#4]
Link Posted: 8/28/2015 9:01:07 AM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Well, I did ask the question because somewhere along the line I thought I saw something that said I could take them out and bring them back but... If I get stopped at a border check (there is one on the I10 coming back into CA) and if for some reason they decide to search my car, that wouldn't be construed as "importing"? Perhaps I need to research the legal definition of importing.

I would have no way to prove I didn't just buy these mags in AZ or Nevada and that I was bringing them into the state illegally. If I was a officer and someone told me "I already owned these", I wouldn't believe them... Granted, the likely hood of me (average Joe) being stopped and searched is almost zero. In my 26 years of driving I have never ever been searched. But, like I said earlier, I cannot afford a felony charge and it is my understanding that is what the current law would charge me if I was "caught" bringing 30 round mags into the state.

Knowing this can be a touchy scenario, I want to reiterate that I currently legally own several 30 round mags. I am NOT asking for a way to skirt the law. Just wondering what, if any, options I have to take my existing mags out of state to use for a carbine class.

Thanks.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Why would you reach that conclusion?  You would not be "importing".


Well, I did ask the question because somewhere along the line I thought I saw something that said I could take them out and bring them back but... If I get stopped at a border check (there is one on the I10 coming back into CA) and if for some reason they decide to search my car, that wouldn't be construed as "importing"? Perhaps I need to research the legal definition of importing.

I would have no way to prove I didn't just buy these mags in AZ or Nevada and that I was bringing them into the state illegally. If I was a officer and someone told me "I already owned these", I wouldn't believe them... Granted, the likely hood of me (average Joe) being stopped and searched is almost zero. In my 26 years of driving I have never ever been searched. But, like I said earlier, I cannot afford a felony charge and it is my understanding that is what the current law would charge me if I was "caught" bringing 30 round mags into the state.

Knowing this can be a touchy scenario, I want to reiterate that I currently legally own several 30 round mags. I am NOT asking for a way to skirt the law. Just wondering what, if any, options I have to take my existing mags out of state to use for a carbine class.

Thanks.


I understand the concern.  I asked "why".  In response, you should get a copy of the law and find the wording on which your concern/conclusion is based.
Link Posted: 8/28/2015 10:34:18 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I believe that the burden of proof lies with the state to prove that you're lying. Did you own a firearm that accepted those mags prior to 2000? Can you prove residence that you've lived in the state prior to 2000?

It's a shitty situation. What state would be traveling to for the class? Could you buy mags there and maybe resell them before crossing back?
View Quote


This is good advice. They will create a narrative to show that you are lying, you would be wise to think of what you can prove to show that they are the ones lying. If the mags have some identifying marks on them, such as a date stamp, it may not be a bad idea to have a photo of them that was clearly taken at your place of residence in CA. It wont prove that you had them in CA prior to 2000, but it will prove that you were not importing them if you got searched at the crossing. Or better yet just avoid having them on you when you cross the border, link.

Link Posted: 8/28/2015 11:35:22 AM EDT
[#7]
Take a picture of them with todays paper in front of your house so you can prove they are being returned and weren't bought out of state.  If you are still worried then leave them at home, buy new mags wherever your class is, use them for the class and then after class donate them to your instructor or some lucky ARFCOMer.
Link Posted: 8/28/2015 6:38:12 PM EDT
[#8]
Link Posted: 8/28/2015 8:58:39 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


This is good advice. They will create a narrative to show that you are lying, you would be wise to think of what you can prove to show that they are the ones lying. If the mags have some identifying marks on them, such as a date stamp, it may not be a bad idea to have a photo of them that was clearly taken at your place of residence in CA. It wont prove that you had them in CA prior to 2000, but it will prove that you were not importing them if you got searched at the crossing. Or better yet just avoid having them on you when you cross the border, link.

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I believe that the burden of proof lies with the state to prove that you're lying. Did you own a firearm that accepted those mags prior to 2000? Can you prove residence that you've lived in the state prior to 2000?

It's a shitty situation. What state would be traveling to for the class? Could you buy mags there and maybe resell them before crossing back?


This is good advice. They will create a narrative to show that you are lying, you would be wise to think of what you can prove to show that they are the ones lying. If the mags have some identifying marks on them, such as a date stamp, it may not be a bad idea to have a photo of them that was clearly taken at your place of residence in CA. It wont prove that you had them in CA prior to 2000, but it will prove that you were not importing them if you got searched at the crossing. Or better yet just avoid having them on you when you cross the border, link.



Good advice, I like the identifying marks/picture idea. Since you might be spending some ca$h for the carbine course why don't you contact the school and tell them your situation. They may have some range mags you can borrow.
Link Posted: 8/28/2015 9:37:05 PM EDT
[#10]
For the cost of the mags, why not just buy them across state line and donate them when you leave. Even if you bought 5 that's less than $100, way cheaper than any ticket/litigation.
Link Posted: 8/28/2015 10:47:24 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
For the cost of the mags, why not just buy them across state line and donate them when you leave. Even if you bought 5 that's less than $100, way cheaper than any ticket/litigation.
View Quote



hey hey hey, didn't you know teeners weren't supposed to make sense?
Link Posted: 8/29/2015 12:32:53 AM EDT
[#12]
Wow, what a day at work. Finally got home and had a chance to read everyone's reviews. Thanks for all who chipped in.

I see the word "import" that I was concerned with seems to be intended more for people bringing mags that weren't previously in the state or with the intention to sell. I still need to research more for my own knowledge. I like the idea of adding some identify marks and taking a picture in front of my house with a news paper. I will carry the photo along with a copy of the law with me. While it might not be a magic ticket, I feel I could at least make an attempt to intellectually answer an officers questions if it ever became an issue.

Someone posted a usps link. I like the idea of the flat-rate box, I just don't like the idea of trusting the post office with something that I can't replace... Especially since my postman should be fired. At least once a month I get mail that belongs to someone else on my street and I have had mail delivered to neighbors!
Link Posted: 8/29/2015 9:23:25 AM EDT
[#13]
Photos sounds like a prudent thing to do.  I may do that, myself.

Trying to "educate" a misinformed LEO who is about to arrest you for "importing" sounds like a bad idea to me.  I'd advise you to say very little and plead your case to the judge.  

USPS sounds like an extremely bad idea - a set up for an "importing" charge.

Link Posted: 8/29/2015 9:57:30 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Photos sounds like a prudent thing to do.  I may do that, myself.

Trying to "educate" a misinformed LEO who is about to arrest you for "importing" sounds like a bad idea to me.  I'd advise you to say very little and plead your case to the judge.  

USPS sounds like an extremely bad idea - a set up for an "importing" charge.

View Quote


Good point about staying quiet. As I thought about it last night, if I had the law and photos, it could simply look like I was planning illegal activity. What innocent person carries around "evidence" with them... Carrying "evidence" could simply make you look like you knew you were guilty, even when you weren't. This is a little off topic but would you remain completely silent or would you state something to the affect that you are legally bringing the mags back per civil code xxx...? I get not talking, but who wouldn't rather not to have to explain themselves to a judge.

USPS, I have a hard time thinking they x-ray packages with the intent of looking for things to report to the authorities. I suspect that might go on on a small scale but even if the package was x-rayed, are they really trained to determine if what they see is a legal mag or not. It could be a 10/30 or even an airsoft mag... With all that said, if something did happen, I could see potential issues with mailing them; why would an innocent person mail themselves mags. If you took them out of state legally, why not simply bring them back with you.  
Link Posted: 8/29/2015 1:24:09 PM EDT
[#15]
Just for discussion, I'm not a lawyer just an honest citizen, I would clearly state the circumstances to the officer (legally possessing them in CA before the cut-off).  If he was ill-informed enough to continue to pursue the arrest option, I think I would get very quiet (name rank and serial #).  

If the officer was satisfied to "merely" confiscate them, despite being legally owned, I would allow that if it avoided an arrest (path of least resistance).

I would hire a lawyer immediately after the arrest and long before going to court.

I would have my lawyer present whatever evidence seemed appropriate. I would push for full dismissal and expunging the arrest.


Does that sound like a decent plan?


I legally own 30 round and 20 round mags in California.  I do not expect to ever have this problem, ... ever.
Link Posted: 8/29/2015 2:54:06 PM EDT
[#16]
take the picture, send it to your work email, and personal email before you leave.  An LEO needs reasonable suspicion to stop you, more to confiscate your mags. you show him that picture, and his PC to confiscate goes out the window (unless he has some other bases for PC, which he won't).  if he still confiscates after you show him the picture, or offer to, you will get them back.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top