Lets say I get traffic stopped cop says I smell like weed and searches my car without my consent.  I have 15 rounds in a mag for my Glock in the car.  What is the penalty?  Fine?  Or big penalty?

Don't smoke weed. Problem solved.

I want to say first time is slap on the wrist, but second time is felony? This might just be for possession of LCM though. I'm sure sbhaven will be along shortly.

90$ fine

I don't smoke weed and my car has never had weed inside of it.  I know cops will say whatever they want in order to search your car unconstitutionally so I'm using this as the hypothetical that allows them to do such.

I believe it is a class D felony.

Just found this, guess the guy got a misdemeanor summons.

Cant help you jimbo, but this raises further questions....

So you have a LCM on you, how does the LEO know you declared it?

Did this guy get a summons because of the mag, or the amount of rounds he had, or both?  

What are the laws for having an undeclared LCM vs a declared LCM with more than 10 rounds?



ETA: Load 10 rounds in the mag and 5 loose ones in your pocket

All good points bending.

Here is how I see all this stuff being enforced.

AWs will be called in to see if it is registered. Permit will be checked. They may ask if he has a magazine declaration on file. yes or no will be the answer.

The above assumes a routine check. maybe a traffic stop and the cop spots a gun or you say yes I have a gun or guns in the car.

Now if you are being arrested because of a crime then there will be add on charges. The magazine declaration will be scrutinized, a search warrant for your home will be executed and everything will be scrutinized and compared to records in Middletown. This is when any undeclared magazines will get you in trouble. The state will probably call the ATF if they suspect you have a large stash. This is when 922r compliance and pinned brakes or flash hiders will be checked. Safe storage violations will be trumped up too.

All of this of course is just my speculation and how I see this happening.

This is where the PREBAN aspect should make everyone nervous.  WIll your average joe LEO know about the preban exemption?

First, don't smoke weed, or have anyone in your car who smoked weed, then you won't smell like weed.

Did you declare that 15 round Glock magazine? Is that 15 round Glock magazine within the Glock you are carrying on your person, and is that magazine only loaded to 10 rounds?

If you answer yes to declaring the 15 round Glock magazine then so long as your transporting that Glock magazine (either unloaded or loaded to ten rounds) to or from one of the locations specified in the statutes where you can legally possess large capacity magazines you are not breaking any laws. If you are in some location other than the locations specified by law then you may be arrested for breaking the law.

If you answer yes to carrying that 15 round declared magazine and have it loaded to 10 rounds and is within a handgun you owned prior to 4/5/13 and which you are carrying on your person and you have a valid pistol permit, you are legally carrying and nothing should happen other than being sent on your way. You are allowed to carry a large capacity magazine within any handgun that was legally possessed prior to 4/4/13 and provided said magazine is only load to 10 or fewer rounds.

If you are caught carrying a declared large capacity magazine outside of the places specified in the statute(s) then it is a class C misdemeanor.

If you are, somehow, caught with an undeclared magazine then you will be fined $90 for the first offense and can be charged with a class D felony for each subsequent offense. If you are found to possess a large capacity magazine that was obtained after 4/5/13 then you may be charged with a class D felony.

You may want to familiarize yourself with the following three statutes related to large capacity magazines, where they can be possessed, and how they are transported when not carried within a handgun.

Sec. 53-202w. Large capacity magazines. Definitions. Sale, transfer or possession prohibited. Exceptions.

Sec. 53-202x. Declaration of possession of large capacity magazine. Regulations.

Sec. 53-202f. Transportation and transfer of assault weapon. Authorized actions of gun dealer, manufacturer, pawnbroker or consignment shop operator.

Your not saying an undeclared mag can be lawfully possessed if its carried in a pre (new) ban handgun right?

 




 

I just carry my 1911 plus 2 extra mags, 7+1+7+7=22

I could carry 10 rd 1911 mags but I dont feel like buying them

Sbhaven I'm impressed. You said it better than I could have.

And yes I would assume if you had 2 undeclared mags, the first would be a fine and the second would be a felony. Bye bye gun rights 4eva!

What's the reward for running out of bullets?

Haha ohh one of these guys.  


Be nice to cops, or tell them you have too many machine guns and a grenade launcher in the car and don't want the hassle of moving them all around.   Works for me.

Carry more mags. FDM

Just say you're a friend of David Gregory!

No I'm not saying nor does the statute indicate that one can carry or possess an undeclared magazine. What has confused more than a few who haven't read the statute is that you cannot carry in public a declared large capacity magazine within a handgun that was purchased post 4/4/13.

What is unknown (I think) is what happens if one is somehow caught with multiple undeclared magazines as their first offence. Does getting caught with multiple undeclared magazines constitute a single offense leading to a fine? Or is only one of the undeclared magazines a fine but the rest are each an individual felony? The stupid statue appears to indicate the latter.

I don't see what purchase date of handgun has to do with anything. I have plenty of mags that will work in multiple guns. So say I buy a new Glock, that will take the 15 round mags I purchased 4 years ago and declared/have been paying mag tax on, why couldn't I carry the new gun with old declared mags?

Because the statues state you cannot carry a LCM within a handgun purchased post 4/4/13. Straight from the statute:

Sec. 53-202x. Declaration of possession of large capacity magazine. Regulations.

(f) Any person who declared possession of a large capacity magazine under this section may possess the large capacity magazine only under the following conditions:

(1) At that person’s residence;

(2) At that person’s place of business or other property owned by that person, provided such large capacity magazine contains not more than ten bullets;

(3) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets;

(4) While on a target range which holds a regulatory or business license for the purpose of practicing shooting at that target range;

(5) While on the premises of a licensed shooting club;

(6) While transporting the large capacity magazine between any of the places set forth in this subsection, or to any licensed gun dealer, provided (A) such large capacity magazine contains not more than ten bullets, and (B) the large capacity magazine is transported in the manner required for an assault weapon under subdivision (2) of subsection (a) of section 53-202f; or

(7) Pursuant to a valid permit to carry a pistol or revolver, provided such large capacity magazine (A) is within a pistol or revolver that was lawfully possessed by the person prior to April 5, 2013, (B) does not extend more than one inch below the bottom of the pistol grip, and (C) contains not more than ten bullets.

I didn't realize that wording was in there, again, thank you for the thorough response sbhaven.

this thread seems like it was made by a 15'r

It's a valid question


We all should be weighing the risk/ reward

Get in line '13er.

Makes you giggle til it happens to you.  

I used to get pulled over on the regular when I drove an older lumina and I wasn't breaking any kind of laws.  Now that I drive a benz I've gotten pulled over just once.  What happened?  Do I suddenly look less 'guilty' because I drive a better car?

Conndjc drives an MRAP, it doesn't get pulled over a lot.

Sums it up rather well.

My thoughts as well.  Hmmmmmm.  Da faq?

No summons for infractions or felonies. If the Bridgeport guy got a summons it wasn't for the magazine. Could it have been added onto a summons for other motor vehicle charges? Yes.

 

Actually the police do not have any requirement to tell you the truth or not deceive you......


I'm not particularly making a position in favor of, or against such tactics.  But I don't know why anyone is implying that cops don't manipulate interactions.  The assumption is that the police will report everything truthfully.  But I would never assume they are telling you anything other than what they want you to know, if they have a reason to want you to think something is true.  I don't think they pin their badge on and wonder how many people they can lie to that day either....

Let's not make this a cop/us thing.  They have a job to do.

I was merely laying this out as a hypothetical in order to ask my relevant question.

I laugh at that idea because the hypothetical vehicle driver has said fully loaded 15rd mag.  So it's just a case of being a sore looser because you'd get caught.  

Don't have said illegal shit in your car and it won't matter of the LEO makes shit up in order to search your car.  Pretty simple really.  

Part of the problem with this asinine law... All it does is create more division and animosity between the people and the corrupt state, and corrupt agents thereof.

Think of just how absurd it is... How many rounds a normal guy keeps in a sheetmetal box... The box can hold 20, but the sheep only get 10. As if that law does anything other than attack law abiding people.

It probably really depends on your lawyer. I would guess a fine assuming they don't find anything else that makes you newsworthy...