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Posted: 3/10/2002 6:45:05 PM EDT
can you legally get mag bodies shipped to you in california and mark them as replacement parts
Link Posted: 3/10/2002 7:17:11 PM EDT
Yes. Magazine replacement "parts" are allowable for import in CA. Trouble is getting someone to ship em to you.
Link Posted: 3/14/2002 8:10:29 PM EDT
Unless you have the "permit", you won't be getting any legal high-cap mag bodies sent to you. You have to receive them through a "permitted" party. I wouldn't be able to tell you who THAT might be! CA DOJ website FAQ's 8. If I have a large-capacity magazine, do I have to get rid of it? No.Ê Continued possession of large-capacity magazines(able to accept more than 10 rounds)Ê that you owned in California before January 1, 2000, is not prohibited.Ê However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or [red]licensed dealers[/red].Ê (PC Section 12020 (b)(19-29))Ê
Link Posted: 3/14/2002 8:16:23 PM EDT
WSmac, ATF has explicitly stated that any "individual" part that makes up a whole magazine is not a magazine. Magazine intact with spring, follower and floorplate=hi-cap mag. Any part by itself, including the body is not a "high capacity ammunition feeding device." As long as your intention is not to create more magazines than you already have, technically we can get the replacement bodies sent to us.
Link Posted: 3/14/2002 9:01:39 PM EDT
Originally Posted By JBear: WSmac, ATF has explicitly stated that any "individual" part that makes up a whole magazine is not a magazine. Magazine intact with spring, follower and floorplate=hi-cap mag. Any part by itself, including the body is not a "high capacity ammunition feeding device." As long as your intention is not to create more magazines than you already have, technically we can get the replacement bodies sent to us.
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That is correct. I can't find it on the CA DOJ website at the moment, but there is a provision that says something to the effect that if you need to repair existing magazines, you may get parts for it. Individual components are parts.
Link Posted: 3/15/2002 10:34:48 PM EDT
i know of one guy at the kaliban gun shows that sells AR 30rnd mag Bodies, and with all the DOJ assholes running around the gun shows now he hasnt been busted, so it must be legal.
Link Posted: 3/15/2002 10:51:08 PM EDT
I stand corrected. I posted the info about ownership of highcap mags, not what I was looking for though. I agree that there should be no problem, but my personal experience is only based on what I was told by someone I know who may be one of the only AW friendly FFL'S in the Extreme Northern part of CA. He said he could only deal in mag bodies if the citizen turned in his old ones, and that he had to get a permit from the state to deal with the mags. Perhaps he meant to buy and sell high caps?! There's a member in Oregon who used to live in California and told me he had planned on sending mag bodies to California for someone but realized it was illegal. I would suggest that anyone who finds an outfit that will send mag bodies to California, or one in state that deals in the bodies, post the info for those people living there. I'm sure they would appreciate it.
Link Posted: 3/16/2002 7:40:29 AM EDT
What happens if you buy a hi-cap and bring it into the state?
Link Posted: 3/16/2002 11:24:16 AM EDT
Link Posted: 3/18/2002 12:29:49 AM EDT
Link Posted: 3/18/2002 12:44:28 AM EDT
I recently had a preban 92FS magazine that had a cracked feed lip and a very understanding business shipped out a preban mag body after I had shipped my bad mag body shipped to him. Done deal, no harm no foul, and no laws broken. 100% legal even in this draconian state. Sorry fellas. This business is very generous but they only deal with very specific things and the mag body was from his last stock of existing pre ban mags.
Link Posted: 3/18/2002 7:11:30 AM EDT
Word of advice for someone shipping completed mags to the Caliban, bake them in a cake before shipping [;D] All mag replacement parts are still legal.
Link Posted: 3/18/2002 7:34:02 AM EDT
Originally Posted By 1911greg: What happens if you buy a hi-cap and bring it into the state?
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A friend was planning to take a vacation this summer, driving through California, ending up in Oregon. He wrote and asked if, in accordance with federal law, he drove through CA on his way to OR, with the guns all locked away, ammo seperate, WITH HIS OWN HI CAP MAGS, was there any problem. The AG's office said YES, he was illegally importing hi-cap magazines if he did so.
Link Posted: 3/18/2002 7:47:40 AM EDT
To all California residents. If you are looking for high cap mag bodies and other replacement items for guns or magazines why don't you try driving to Phoenix Arizona and going to one of the many gun shows at the state fair grounds. If it is not illegal to replace the defective or broken magazine parts then it should not be a problem to drive to AZ and buy them and bring them back to CA. Crossroads of the west ( a gun show organizer) has a website that lists when the shows will take place.
Link Posted: 3/18/2002 1:05:23 PM EDT
Originally Posted By Troy: ... The PRK couldn't do anything to a person in, say, Texas, who sent a package containing hi-caps to a person in the PRK. The could bust the PRK resident who RECEIVED the mags, though. ...
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True, but if the sender was an FFL holder the BATF could hassle them severely. One of the conditions of keeping an FFL is that the licensee must comply with all state and local laws.
Link Posted: 3/19/2002 2:23:08 PM EDT
Link Posted: 3/19/2002 8:22:38 PM EDT
Has anyone been to the Big Reno,Nevada show? I was just wondering if it would be worth going to because I will be in the Sacramento area this weekend. Also how hard is it to buy a gun over there out of state and bring it back to CA? Thanks
Link Posted: 3/19/2002 10:44:43 PM EDT
Link Posted: 3/22/2002 7:14:37 PM EDT
[Last Edit: 3/22/2002 7:20:19 PM EDT by bwiese]
Troy... Perhaps Steve-in-VA can help us here... I've been carrying this argument on the AR15 email list (Yahoo groups) too... Aside from the replacement parts issue (yes, you can import replacement bodies, but you can't create/build a new mag from these parts), you wrote: "... law says that it is illegal to IMPORT hi-cap mags. The PRK couldn't do anything to a person in, say, Texas, who sent a package containing hi-caps to a person in the PRK. The could bust the PRK resident who RECEIVED the mags, though." That simply is not true: the Texas guy - with aggressive prosecution, albeit - is subject to California law as he is a party to a transaction involving a Californian in California; he cannot break the law by "remote control", so to speak. Whether it's worth warrant/ extradition/ prosecution is a different issue. But look at CDNN - one of the largest national hicap mag mail-order vendors, and they're in Texas. They don't comply with California law out of the spirit & love of liberalism. These dudes will sell anything anywhere they can - but not hicaps to California! CDNN is large enough to afford good legal representation; they'd sell hicaps to Kalif in a minute if they could - too much money in it not to do so. Some have said they won't do it because their FFL won't allow it - but believe me, if they could bypass Calif. BS and sell hicaps to Calif they'd set up a separate company w/o FFL just for mag sales. Another example, mail-order liquor distributors cannot ship booze to some states/areas - even if they have NO operations in the destination state. They can (have!) been sued/prosecuted for this on a state basis. Try advertising and selling an aftermarket engine-control part from outside of California into California without markings in the ad or on the device "For off-road use only!" or "Not legal for sale/use in Calif. on pollution-controlled motor vehicles." I've heard of several big fines of out-of-state performance parts co's for violating these rules. So DON'T think you're isolated from California laws just because you're present within, and reside in, another state. You are subject to not violating their laws - remotely or otherwise! - when a transaction involves California. Bill Wiese San Mateo, CA
Link Posted: 3/23/2002 8:48:30 AM EDT
I think Troy is right, but it is an intrepretation. The law hasn't been tested in the courts yet. I believe companies like CDNN don't want to become a test case. Even if they weren't convicted it would be a huge hassle and cost. All it would take is shipping to an area with a zealous anti-rights AG.
Link Posted: 3/23/2002 2:35:13 PM EDT
That's all it really is. A hassle and people walking on eggshells about vague, irrational laws. Just making a blanket statement about nothing being sent to Cali minimizes the hassle. And let's face it, nobody wants to be the "test case." And anybody who does it probably doesn't want to write a specific letter to the DoJ, lest they receive a letter back with something to the effect of "yes, it's possible, but you have to fill out this form, that form, etc etc etc" and next thing you know you end up registering how many high cap mags you own with a photo included of all of them, just in case the evil DoJ thinks you're making extra mags from replacement mag bodies. Like the military, it's probably best to "don't ask, don't tell."
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