You're mixing and matching a lot of issues and seem not to have some basic understandings that magazine
law and AW law are generally nonoverlapping in CA except in one specific instance discussed below.
Quoted:
Quick question, are sworn law enforcement officers able to use high capacity (30rnd) magazines in an ar-15?
1. LEOs are allowed to acquire and possess over-10-round magazines. Mags they acuqire/possess themselves
can be retained on retirement. Mags that are given to them or "sold with duty gun for $1 on retirement" (or
variation thereof) are illegally transferred to them and the Dept is at fault.
2. They can use these over-10rd mags in any firearm in which that configuration is legal.
3. They cannot install an over-10rd magazine in a BullletButton maglock equipped semiauto centerfire rifle as that triggers
"assault weapon" status per a PC 12276.1 definition. If the rifle in question can legally be in non-assault weapon
status (i.e., "featureless" - no pistol grip, flash hider, etc. or rimfire) then that particular configuration can have an
over-10rd mag inserted.
4. If they want to use an "assault weapon" configuration per 12276/12276.1 PC, they can get dept sign-off and DOJ registration.
They are allowed to use over-10rd mags in these guns always. This "LEO AW registration" becomes void on termination,
separation/retirement or even transfer to another PD/SO in CA.
If illegal, would it be legal if Pre ban magazines were used?
I hate the terms pre-ban/post-ban because those generally refer nationwide to the now-expired Fed AW ban of 1994-2004
and have little relevance to CA.
CA allows individuals who have acquired/possessed over-10rd mags within CA before 1/1/2000 to keep them. It does not
matter if the individual was or is a CA resident or not - the mere fact he possessed them for a microsecond in CA is sufficient
regardless of his residency then, any intermediate time, or now. [And as long as he's not a prohibited person; prohibiteds
can't have ammo nor mags either, as best I recall.]. Also, Fed 1994 mag status (i.e, 'post ban" mag mfgd after 1994) is
not relevant now [ even if that acquisition path were Federally illegal at the time.]
LEOs are exempt from all this stuff if they acquired the mag themself.
For LEOs, magazine dates of acquisition or manufacture are irrelevant to their ownership.
And regardless of dates, using an over-10-round mag in a semiauto centerfire rifle with a BulletButton-style maglock is still an
'assault weapon' by law. LEOs are NOT automagically exempted from these AW laws.
If legal to use pre ban magazines, would it be legal if after you own the Pre ban magazines, you upgrade them to PMAGS 30rnd?
Again, it's legal to own/use pre-2000-owned magazines in CA for normal folks. You are allowed to repair magazines and replace
such parts as they wear. (There's even a DOJ letter on this.)
I personally feel one is really reaching to 'convert' an USGI-style mag to a PMAG. You cannot swap mag for mag, and this is something
that involves the ol' "smell test" - there may be wiggle room if the mag was 'repaired' to use a PMAG tube and retained at some point
floorplates etc. That may cause extended interaction with DAs and who knows what happens if it gets into a courtroom.
I have hundreds of pre2000 hicap mags and would not do this. (I also do not understand the fascination with PMAGs (except by
the Airsoft kiddies).
For the LEO's, if illegal would you bust another LEO for this?
Aside from getting facts and details straight per above, this just won't happen. If LEOs are popped for AWs it likely will be result
of DOJ BOF investigation/activity, and/or local DA encounters AW in investigation of cop (domestic violence, etc.) or some kinda
IA thing. Cops have been popped for AW matters but usu due to other ancillary investigations. A large Dept like LAPD with its
own "Gun Unit" *might*.
Bill Wiese
San Jose CA