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.

California Laws- Am I a felon?

Chris-86GTChris-86GT Member Posts: 16 ✭✭
edited March 2002 in Gun Rights and Constitutional Law
In 1999 I was a working student and had no money to buy the guns I wanted. Hearing of the Jan. 1st, 2000 ban on hi cap magazines, I went to a local gun store and purchased hi cap mags (50 round) for my Ruger 10/22. Knowing I would purchase a Glock 17 in the future, I purchased a 19 round mag with one of those 2 round extenders as well as a 30 round. (I wish I hadn't purchased the 30) Here is the problem. I was under the assumption that because I purchased the magazine before the ban, than I could buy the gun later and still be legal. I had proof that I purchased it before 2000 but the receipt was lost due to a wind storm. No worries right??? The gun store has records. One problem, shortly after I purchased the mags, the gun store owner was shot down by ATF agents in his store. It turned out he was not doing anything illegal but thats neither here nor there. The point is, the gun store will no longer have records. Where does burden of proof lie?? In this case, burden of proof should lie on the state, so if for some reason they do get me with the magazines, there should be no way to "get me" because even if they did find records, they would state I bought them before 2000. What do you think? I purchased the magazines with cash to prevent any record of it, I should have written a check.I guess this is the bottom line:If I were to get caught with the magazines, it would be my word that I purchased them before 2000. Could they prosecute me for a felony only on the basis that I purchased the gun in 2001, therefore the magazine would have been purchased afterward?Thanks for your input,MeP.S.I know someone is going to tell me "its not worth it, sell your mags" but my response to that is, I purchased it legally, I should be able to own it, I wont sell them.
· Share on FacebookShare on Twitter

Comments

  • pikeal1pikeal1 Member Posts: 2,707
    edited November -1
    not 100% sure, but I think all hi cap mags made after the ban should say Law Enforcement, or something to that effect. The preban hi-caps won't say anything. So long as they don't say LE on them, you should be fine...but then again, your talking about the country of california. they have their own laws on that side of the world.
    · Share on FacebookShare on Twitter
  • 44mag44mag Member Posts: 271 ✭✭✭
    edited November -1
    Why don`t you do one of two things. Either get rid of the gun grabbers in the Republic of Kalifornia or move to a State where they treat their citizens like human beings?
    · Share on FacebookShare on Twitter
  • pikeal1pikeal1 Member Posts: 2,707
    edited November -1
    i was reading the last post and was gonna say to do it from a pay phone too. Scary!
    · Share on FacebookShare on Twitter
  • EOD GuyEOD Guy Member Posts: 931 ✭
    edited November -1
    The LEO Only marking that are stamped on post ban mags only pertain to the Federal ban, not the California ban. Even pre ban magazines are illegal in California unless they were in the state prior to Jan 1, 2000.
    · Share on FacebookShare on Twitter
  • Chris-86GTChris-86GT Member Posts: 16 ✭✭
    edited November -1
    Exactly.... I looked at the mags and I cannot find ANY identifying marks, no serial numbers... nothing.... how can I prove it was in California before 2000?? The point is I can't, but then again, they can't prove they WEREN'T in california before 2000 so if my understanding of Law is correct, they would not be able to prosecute.
    · Share on FacebookShare on Twitter
  • Big TimberBig Timber Member Posts: 103 ✭✭
    edited November -1
    I believe pikeal is right, As long as their isn't gov markings on it you should be fine. Can't verify this 100% but pretty sure. One easy way to take care of this........ Stay away from the law.BT
    · Share on FacebookShare on Twitter
  • jetjet Member Posts: 543 ✭✭✭✭
    edited November -1
    get someone who knows you had them before the ban sign a letter and have it noterized.As soon as posibble.If this is not possible,move to free(er)state.
    · Share on FacebookShare on Twitter
  • chappsynychappsyny Member Posts: 3,381 ✭✭
    edited November -1
    Yes, you do have the right to retain possession of those magazines, but if you are really concerned about getting caught and becoming a fellon for not having the receipt, you might as well sell them. Or, better yet, trade them to someone for a few legal mags. You may be in the right, but ask youself; which would you rather lose, the high-cap mags or your guns, because that's what will happen if they convict you. Good luck,
    New Hampshire, USA - "Live Free or Die!!!"
    · Share on FacebookShare on Twitter
  • salzosalzo Member Posts: 6,396 ✭✭
    edited November -1
    If I lived in California, and was a gun owner, I would just assume I was a felon.
    Happiness is a warm gun
    · Share on FacebookShare on Twitter
  • borderguyborderguy Member Posts: 387 ✭✭
    edited November -1
    Chris, Relax....Other than the fact you live in a state screwed up beyond reason by Candy-Assed Liberal Politicians. (And other Hollyweirdos) The burden of proof lies upon the state to prove the magazines are illegal.
    · Share on FacebookShare on Twitter
  • imadorkimadork Member Posts: 147 ✭✭✭
    edited November -1
    Take it easy Chris. The possession of high cap mags is not limited, so unless the state can prove beyond a reasonable doubt that you imported high caps into the state or bought or sold them after the ban, you're fine. It's also not a felony to purchase high-caps. It's a misdemeanor punishable by up to one year in a county jail. Also, you should note that the state is not going to waste its time?prosecuting small-time individual owners for buying a few high cap magazines. Consider yourself lucky for buying the mags before the ban, but consider also the large number of CA gun owners who attend out of state gun shows and bring high cap magazines back illegally with no consequences. The ban was intended to prevent convenient mail order purchases, which is enough to deter the average person, but not the determined gun owner. There are ways despite the ban anyway...
    · Share on FacebookShare on Twitter
  • drawndrawn Member Posts: 544 ✭
    edited November -1
    Some good reading.Kalifornia-2002 How to Own a Gun & Stay Out of JailAuther John MachtingerPublished by: Gun Law PressP.O.Box 641369Los Angeles, Ca 90064E-mail GunLawPress@yahoo.comWeb Site law updates www.homestead.com/GunLawPress
    · Share on FacebookShare on Twitter
Sign In or Register to comment.