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Posted: 11/30/2001 9:15:26 PM EDT
Lets say you were living in CA and owned highcap mags so when you leave the state and come back it could you be arrested for transporting mags into the state. How could they prove you didn't have them before?
Link Posted: 11/30/2001 9:31:06 PM EDT
[#1]
How could you prove you did?
Link Posted: 12/1/2001 2:27:30 AM EDT
[#2]
Innocent until proven guilty.. atleast last time I checked.
Link Posted: 12/1/2001 7:42:34 AM EDT
[#3]
Good point they would have to prove that I didn't have it before, which would be almost impossible because all of the hi caps were built before 2000 so the serial number wouldn't help them.
Link Posted: 12/1/2001 9:06:59 AM EDT
[#4]
Good point they would have to prove that I didn't have it before, which would be almost impossible because all of the hi caps were built before 2000 so the serial number wouldn't help them.
View Quote


What????
Hi-caps are still being made. They are just marked for LEO & military use only. And I dont beleive any mags have serial numbers on them. I think maybe a receipt is what you need.
Link Posted: 12/1/2001 9:18:40 AM EDT
[#5]
A reciept I bought my hi caps at the gunshow about 3 years ago, how am I going to find reciepts. Does everyone else keep reciepts for there mags.
Link Posted: 12/1/2001 9:42:07 AM EDT
[#6]
Link Posted: 12/2/2001 7:43:37 AM EDT
[#7]
Quoted:
How could you prove you did?
View Quote


In a criminal trial, even a Caliban tribunal, the burden of proving the fact that a violation was committed is still on the prosecution.

To get busted for an importing illegal high-cap magazine into Californistan you'd have to get caught red-handed driving in from another state with a bunch of magazines, in which you could come up with a reasonable doubt UNLESS you had a receipt showing that you had purchased them out of state, in which case your goose would be cooked.  Burn those receipts!

If you had a crateful of mags and no rifle you would be very prosecutable unless you could produce evidence that you owned them inside of CA prior to 1/1/01 and were keeping them out of state.

The mag ban is VERY hard to enforce.

BTW is anyone else going to the big show in Phoenix next weekend?
Link Posted: 12/3/2001 6:40:49 AM EDT
[#8]
You just say you took the magazines out of the state to sell them but couldn't get the price you wanted so you're bringing them back.  It's perfectly legal to take them out of the state and bring them back.
Link Posted: 12/6/2001 2:55:56 PM EDT
[#9]
good advice like someone else said very hard law to enforce.
Link Posted: 12/7/2001 2:10:08 PM EDT
[#10]
It would be illegal for you to bring back hi-cap magazines if there was a residency switch involved. Simply put, you cannot move out of the state and then back in as you would be importing hi-cap mags which is a no-no.

The proof would be in the DMV records and/or tax filings. You would have to counter that the mags never left the state. However, you would have to have consistently maintained a second household in CA. This is because you may not loan or give hi-cap mags for extended durations. So, no storing them at a relative's house. You may be able to make an argument that maintaining a bedroom at your parents house is sufficient. The strength of this argument will be stronger if you are young and going to college.
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