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Posted: 1/11/2006 12:47:52 PM EDT
Let's say you had a LEO marked mag in your posession back before 2000. Would have been a federal violation. Now, you still have that mag and there is no law specifically stating LEO mags are a no go.

Would you still be violating the law in Kali for having one of these?
Link Posted: 1/11/2006 1:53:12 PM EDT
you can legally use these as "replacement parts", same with mags with post 2000 dates stamped on them, but i wouldn't because a LEO will automatically asume the mag is illegal, who needs the hastle. i would trade the bodies with someone in another state.
Link Posted: 1/11/2006 2:27:51 PM EDT
I thought the high-cap magazine ban was earlier than that...? Like in 1994?
Link Posted: 1/11/2006 3:20:49 PM EDT
That's one of the issues I'm talking about. If you had these back in 99-04 you would have been breaking federal law. That law doesn't exist anymore. Is there any statute of limitations issue that would come up?

Besides the obvious possibility of getting hassled a bit if found what could Kali prosecute you for?
Link Posted: 1/11/2006 3:24:02 PM EDT
california law now only regulates sale transfer of the magazines, not possession.

also it would be hard to find someone trading you an LEO marked mag body from a non-LEO marked one...

i believe all the magazines post ban can not be taken apart?
Link Posted: 1/12/2006 1:29:18 AM EDT

Originally Posted By elmo:

also it would be hard to find someone trading you an LEO marked mag body from a non-LEO marked one...

i believe all the magazines post ban can not be taken apart?



NO, you are wrong
Link Posted: 1/12/2006 2:56:31 AM EDT

Originally Posted By JBear:
Let's say you had a LEO marked mag in your posession back before 2000. Would have been a federal violation. Now, you still have that mag and there is no law specifically stating LEO mags are a no go.

Would you still be violating the law in Kali for having one of these?



You have a pretty clear undestanding of it.

An example would be say a cop in Cali bought 3 LEO mags in 1999, and 3 in 2000 then quit in 2006. He can keep the 1999 mags, but he has to surrender the 2000 mags to his employer. silly huh!?
Link Posted: 1/12/2006 6:04:11 AM EDT
[Last Edit: 1/12/2006 6:09:31 AM EDT by tatsuosan1964]
I have copied the text from the US DOJ's website. As stated previously, replacement parts are different but previous possession of banned magazines is still illegal. Unless you are LEO or were LEO prior to 2000 . If you were LEO prior to 2000 but left before Sept. 14,2004, the mags were supposed to have been turned in to the employer as AR15fan stated.



U.S. Department of Justice

Bureau of Alcohol, Tobacco,
Firearms and Explosives




--------------------------------------------------------------------------------

Washington, DC 20226



CHANGES IN FEDERAL LAW AS OF SEPTEMBER 13, 2004
RELATING TO
SEMIAUTOMATIC ASSAULT WEAPONS (SAWs)

AND

LARGE CAPACITY AMMUNITION FEEDING DEVICES (LCAFDs)


GENERAL

As of September 13, 2004, the provisions of Public Law 103-322, the Violent Crime Control and Law Enforcement Act of 1994, covering semiautomatic assault weapons and large capacity ammunition feeding devices are no longer in effect. The regulations implementing these provisions also are no longer in effect.

Specifically, there is no longer a Federal prohibition on the manufacture, transfer, and possession of semiautomatic assault weapons and large capacity ammunition feeding devices.

There are no longer any marking requirements for semiautomatic assault weapons and large capacity ammunition feeding devices. Existing markings on firearms and magazines relating to law enforcement or government use may be disregarded.

There is no longer any Federal requirement for Federal firearms licensees to obtain certain documentation before transferring semiautomatic assault weapons and large capacity ammunition feeding devices to government agencies or law enforcement officers. However, any records obtained prior to September 13, 1994, pertaining to the sale or transfer of semiautomatic assault weapons must still be retained for a period of 5 years. See 27 CFR § 478.129(f). Moreover, records of importation and manufacture must be maintained permanently and licensees must maintain all other acquisition and disposition records for 20 years.

Licensees who provided letters of future intent to sell semiautomatic assault weapons and large capacity ammunition feeding devices to law enforcement agencies and other qualified customers are no longer obligated to comply with such letters.

Anyone who illegally possessed, manufactured, or transferred semiautomatic assault weapons or large capacity ammunition feeding devices before the bans sunset still have violated the law since their possession, manufacture, or transfer was illegal at the time.


IMPORTATION

The prohibition on the importation of non-sporting firearms under 18 U.S.C. section 922(l) and 925(d)(3) still applies.

Importation of large capacity ammunition feeding devices still is covered under the Arms Export Control Act. Therefore an approved permit still is required to import large capacity magazines.

Temporary importation of semiautomatic assault weapons and large capacity magazines is now lawful under the provisions of 27 CFR § 478.115(d) because temporary importations are not subject to the sporting purpose test.

ASSEMBLY OF NON-SPORTING SHOTGUNS AND SEMIAUTOMATIC RIFLES FROM IMPORTED PARTS

The prohibition on assembly of non-sporting shotguns and semiautomatic rifles from imported parts as provided under 18 U.S.C. § 922(r) and 27 CFR § 478.39 still applies.

LAW ENFORCEMENT OFFICERS AND POLICE DEPARTMENTS

Law enforcement officers and police departments who obtained semiautomatic assault weapons are no longer required to use such firearms only for official use.

Law enforcement officers and police departments may now sell or transfer semiautomatic assault weapons to persons who are not prohibited from receiving firearms.

Law enforcement officers and police departments may now sell or transfer large capacity ammunition feeding devices to anybody.

Signed statements that semiautomatic assault weapons and large capacity ammunition feeding devices will be used for official use are no longer required to be provided to Federal firearms licensees.

RETIRED LAW ENFORCEMENT OFFICERS

Federal law does not prohibit retiring law enforcement officers from keeping semiautomatic assault weapons or large capacity ammunition feeding devices.

Former law enforcement officers who received semiautomatic assault weapons on retirement may now transfer those firearms to persons who are not prohibited from receiving firearms. Transfer of large capacity ammunition feeding devices is no longer restricted.

NATIONAL FIREARMS ACT

All provisions of the National Firearms Act relating to registration and transfer of machineguns, short barreled rifles, weapons made from rifles, short barreled shotguns, weapons made from shotguns, any other weapons as defined in Title 26 U.S.C. section 5845(e), silencers, and destructive devices still apply.

Registered silencers can now be attached to semiautomatic rifles and pistols without creating a prohibited semiautomatic assault weapon.

USAS-12 and Striker12/Streetsweeper shotguns are still classified as destructive devices under ATF Rulings 94-1 and 94-2 and must be possessed and transferred in accordance with the NFA.

EFFECT ON STATE LAW

Expiration of the Federal law will not change any provisions of State law or local ordinances. Questions concerning State assault weapons restrictions should be referred to State and local authorities.


Download the PDF Version



Link Posted: 1/12/2006 7:35:07 AM EDT
Link Posted: 1/12/2006 12:25:17 PM EDT
So what needs to happen for someone to legally own a magazine greater than 10 rounds here in cali?

I'm sure many of the people who are buying all the stripped lowers right now want to know.

Also, are there markings on mags to determine when they were manufactured?
Link Posted: 1/12/2006 1:33:39 PM EDT

Originally Posted By LOW2000:
So what needs to happen for someone to legally own a magazine greater than 10 rounds here in cali?



Bottom line: they had to have it in their possession in California on or before 12/31/1999.



I'm sure many of the people who are buying all the stripped lowers right now want to know.



This will be one of the ways new off-list lower purchasers will likely get in trouble - trying to sneak some in from OR/NV/AZ. Expect elevated attention to such details. (The other: assembling into illegal configuration before any DOJ action or paperwork, which may or may not happen, so folks should intend to only have 10rd fixed mag guns)

Others that have acquired off-list lowers that already had AR-type rifles registered back in 2000 (or actual Colt AR15s registered by 12/31/1990) have legal hicap mags already in their possession.


Also, are there markings on mags to determine when they were manufactured?


Your question sounds like a possible intent to evade the law. I strongly encourage you not to.

But, yes, many (but not all) mags made after Sept 1994 will have a date code and/or "For LEO/military use only" marking.

It is legal to replace a bad mag body, and using this mag shell would be legal on a legally owned magazine. However, having a whole pile of new mag parts would smell pretty bad legally.

Bill W.
San Jose, CA

Link Posted: 1/12/2006 1:56:53 PM EDT
I wanted to know for the fact that if I have a hicap mag and no receipt for it but am only recently aquiring the weapon itself, I didn't want to get in trouble and have no way to explain myself to stay out of trouble.

This is all assuming that the lowers get banned, I don't intend, nor will I attempt any of this before/if this lower gets registered as an AW under the kesler list.
Link Posted: 1/13/2006 5:27:42 AM EDT

Originally Posted By bwiese:

Originally Posted By LOW2000:
So what needs to happen for someone to legally own a magazine greater than 10 rounds here in cali?



Bottom line: they had to have it in their possession in California on or before 12/31/1999.





They had to have lawfully had it in their possession in California on or before 12/31/1999.
Link Posted: 1/13/2006 11:37:52 AM EDT
[Last Edit: 1/13/2006 11:39:05 AM EDT by G_MAN]
So what needs to happen for someone to legally own a magazine greater than 10 rounds here in cali?


Originally Posted By LOW2000:
I'm sure many of the people who are buying all the stripped lowers right now want to know.



everyone who has purchased one of these new lowers had the forthought to stock up on 30 magazines (prior to 2000)knowing they would need them, they are then going to upgrade/replace most, if not all, the parts with "replacement" parts, which are legal to buy and import into CA. and not buy fully assembled mags from another state, that's illegal.
Link Posted: 1/13/2006 12:15:46 PM EDT
[Last Edit: 1/13/2006 12:24:29 PM EDT by phish]

Originally Posted By LOW2000:
I wanted to know for the fact that if I have a hicap mag and no receipt for it but am only recently aquiring the weapon itself, I didn't want to get in trouble and have no way to explain myself to stay out of trouble.

This is all assuming that the lowers get banned, I don't intend, nor will I attempt any of this before/if this lower gets registered as an AW under the kesler list.



You either bought them <12/31/1999 or not, since this is your 4th post and you're even asking this question, I'm leaning towards NOT!

Anyone who had the foresight before Y2K and made all their purchases would've known what the laws were going to be when the clock struck midnight and wouldn't be asking these jack-assy questions in the first place.

p.s. The name is Kasler, kesler was that dude from Return to Castle Wolfenstein
Link Posted: 1/13/2006 1:13:39 PM EDT
[Last Edit: 1/13/2006 1:15:52 PM EDT by LOW2000]
You're right, I forgot that this is the internet and if you don't have a high post count, you know nothing.

BTW, i'm guessing there are about 5000 other people who if they aren't already here, they will be here searching for the answer to this same question.
Link Posted: 1/13/2006 2:05:58 PM EDT
cry me a river dude, I bet those 5000 people know how to use the search function or can read the laws for themselves

and if you really did buy any magazines, you would've been able to answer the question yourself if there's any markings to determine when they were made


So what needs to happen for someone to legally own a magazine greater than 10 rounds here in cali?


If you even bothered to read the laws or any FAQ for that matter, you would've known the answer to that question.
Link Posted: 1/13/2006 2:06:28 PM EDT

Originally Posted By LOW2000:
BTW, i'm guessing there are about 5000 other people who if they aren't already here, they will be here searching for the answer to this same question.



Then they should have a look at this thread. At least three knowledgeable people have answered the question for you.
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