In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.

Shipping high cap mags to CA question

Waco WaltzWaco Waltz Member Posts: 10,828 ✭✭
edited April 2012 in Ask the Experts
Selling some HK-91 mags and got this question from a potential bidder.

((Hello, Would like to bid on these but I'm in California. I have some of these for my Springfield SAR-8(made Grece on hk tooling) but over the years I have some with broken feedlips. Would you consider shipping these as repair/ re-build magazine kits??? Basically disaasembled with just the base plate removed. You can ship them to my FFL to feel more comfortable shipping to CA. Re-build/replacement parts kits are legal for CA residents so that we can service our existing pre-2000 legally owned mags. Thanks for your consideration. -Steve
))

My question is, is what he says OK? Would shipping to his FFL be even safer? Does he not want the mag floor plates and would including them void the legality of buying them for repaire?

Comments

  • Riomouse911Riomouse911 Member Posts: 3,492 ✭✭✭
    edited November -1
    As much as I hate to day it, I'd stay away from that one just to play it safe:



    California Penal Code12020-12040 clearly states.

    12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one
    year or in the state prison:

    (2) Commencing January 1, 2000, manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large capacity magazine. (Emphasis added)

    If he's replacing the entire body because of broken feed lips, I can see this being charged as "manufacturing" the mags.. he's not just replacing a worn spring on an otherwise serviceable unit. If you're supplying the mag body used to "manufacture", you might be liable as well.

    If the buyer is exempt from the hi-cap ban, then he can get the mags or mag parts himself locally. As for the "re-build kits," IMO that's a gray area that will someday be litigated..when someone gets arrested and charged with violating the ban. Don't want it to be you that takes the legal plunge...
  • Laredo LeftyLaredo Lefty Member Posts: 13,451 ✭✭✭
    edited November -1
    What the buyer Steve said is correct. Magazine parks kits are legal for sale here in Cal as long as the parts are dissassembled and are being used to "repair or replace" mags that were here before 1-1-2000. They dont actually have to be sent to an FFL as they are NOT guns, but if it makes you feel better then you can.

    I see these unassembled kits at our local gun shows all the time. As far as knowing if these parts are actually being used for repair or replacement and not "making new" mags, who knows. It would be the responsibility of the person receiving the parts to ensure they are being used legally.
  • dfletcherdfletcher Member Posts: 8,162 ✭✭✭
    edited November -1
    Importing disassembled +10 round capacity magazines as "rebuild kits" into CA is long established as legal. There are several on line companies doing so and the attached from CA DOJ in 2005 makes clear the practice is settled in the eyes of DOJ and our AG.

    http://www.hoffmang.com/firearms/DOJ-large-cap-magazines-2005-11-10.pdf

    The CA resident is responsible for complying with CA law.

    The mag rebuild kits I've received generally have the springs and floorplate removed from the mag body, shipped in one package.

    In addition to replacing or repairing legally owned +10 capacity magazines the mag kits are used to create "blocked" 10 round capacity magazines that have the appearance of a higher capacity magazine. And it is much easier, for example, to "rock in" the (blocked) longer mag on an M1A, a Mini 14 or a FAL style rifle.
Sign In or Register to comment.