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Old 08-11-2009, 09:18 AM
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Default How many rounds can you have in your gun?

I carry a Glock 38. 45GAP. Is the law ten rounds total, or a ten round mag. So a firearm would be legal if it was 10+1 or ten total. Could I put a one round extension or would that be illegal. Right now I carry 9+1. Thanks.
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Old 08-11-2009, 09:27 AM
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You can carry up to ten rounds in the magazine.... so 10+1 would be your max.
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Old 08-11-2009, 09:28 AM
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My understanding is that it is a 10-round magazine restriction and not a gun (handgun or rifle) restriction. This precludes us from acquiring the designed/regular capacity mags for the gun as used throughout most of the country (there is a grandfather clause for those owning prior to the ban). So, 10+1 is ok.
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Old 08-11-2009, 02:39 PM
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You can carry as many bullets as your lawfully acquired magazine will hold. If you owned a magazine prior to the ban (I think it was January of 00 or 01? Somebody can correct me on that) you can still legally use that magazine, even if it holds a million bullets. There is nothing in the law that outlaws the ownership or possession of regular capacity magazines, nor is there anything that required you to destroy your magazines and replace them with low capacity ones. It is simply illegal to SELL (and therefore by implication illegal to purchase), IMPORT, or MANUFACTURE new magazines in the state which hold more than ten rounds.
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Old 08-11-2009, 02:51 PM
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Originally Posted by RomanDad View Post
You can carry as many bullets as your lawfully acquired magazine will hold. If you owned a magazine prior to the ban (I think it was January of 00 or 01? Somebody can correct me on that) you can still legally use that magazine, even if it holds a million bullets. There is nothing in the law that outlaws the ownership or possession of regular capacity magazines, nor is there anything that required you to destroy your magazines and replace them with low capacity ones. It is simply illegal to SELL (and therefore by implication illegal to purchase), IMPORT, or MANUFACTURE new magazines in the state which hold more than ten rounds.
All true (of course).

However, to put it in context, he has a Glock 38 which wasn't introduced until 2005. So, there would be no old magazines that would hold more than 10 rounds that he could have owned. So, in this case, 10 (+1 in the chamber) is the max.
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Old 08-11-2009, 05:17 PM
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Also, those million-round magazines can be difficult to conceal. Don't even think about putting it in a SmartCarry...!
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Old 08-11-2009, 05:25 PM
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Also, those million-round magazines can be difficult to conceal. Don't even think about putting it in a SmartCarry...!
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Old 08-11-2009, 06:52 PM
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Originally Posted by THE Gimper View Post
All true (of course).

However, to put it in context, he has a Glock 38 which wasn't introduced until 2005. So, there would be no old magazines that would hold more than 10 rounds that he could have owned. So, in this case, 10 (+1 in the chamber) is the max.
Correct.... He couldn't possibly own a
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Originally Posted by RomanDad View Post
lawfully acquired magazine
for it.
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Old 08-11-2009, 06:56 PM
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Originally Posted by RomanDad View Post
Correct.... He couldn't possibly own a
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Originally Posted by RomanDad View Post
lawfully acquired magazine
for it.
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Old 08-11-2009, 06:59 PM
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Quote:
Originally Posted by RomanDad View Post
You can carry as many bullets as your lawfully acquired magazine will hold.
I think my 1911 magazine holds close to 30 bullets
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Old 08-12-2009, 10:59 AM
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I think my 1911 magazine holds close to 30 bullets
Probably not in California, but... (and before the ammo price increases)

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Old 08-13-2009, 05:31 PM
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So how are you supposed to prove you owned the magazine before the cutoff date? Carry the receipt around with you everywhere you go? Is the cop that detains you for having a hi capacity magazine going to wait for you to go home and get the receipt that will by now be completely faded and illegible? Or is he going to take your word for it? And if that's the case what's keeping me from going to another state and buying a hi cap magazine and just saying I owned it before the ban? Are we going on the honor system here? I didn't even own any hand guns before about 2002, so I'm just plain screwed anyway as far as that one goes.

But yeah, not that long ago I was listening to some CHP officers interactions on the scanner as they had someone pulled over in posession of a high capacity magazine. And there was a lot of chatter back and forth on the radio about whether it was legal or not, and the one officer was telling the officer that made the stop, that as long as the person owned them before whatever that date was, that they were legal. But then the officer on the scene, acted like he didn't like that answer and just wanted it to be illegal and he got really short with his replies and I believe what I heard was him eventually determining that it was illegal for this person to have this high capacity magazine. But I don't know what he did to the person. Give them a ticket? Confiscate their illegal magazine? Arrest them? Whip them accross the face a few times with it? What would be the charge? Is it misdemeanor? Can't be felony can it?
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Old 08-13-2009, 06:35 PM
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Originally Posted by Truckoholic View Post
So how are you supposed to prove you owned the magazine before the cutoff date? Carry the receipt around with you everywhere you go? Is the cop that detains you for having a hi capacity magazine going to wait for you to go home and get the receipt that will by now be completely faded and illegible?
And that's why we advise that the best course of action is not to carry them. Yeah, it may be legal, but do you want to go through the above? You can if you want to, but why not just avoid the potential hassle?
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Old 08-13-2009, 09:02 PM
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Default Just a thought

To bad the Glock 37 model was introduced in 2003 at the shot show.

Glock’s New Model 37 .45 G.A.P.

IF it was introduced prior to 2000 you could use G37 mags in your G38. Sorry, 10+1 is the most you can have in California.
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Old 08-13-2009, 09:15 PM
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Quote:
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So how are you supposed to prove you owned the magazine before the cutoff date?
The burden of proof is on the state.... Not on the defendant. So my question would be "How will the state prove you DIDNT own them before the ban?" (now... If the GUN they are for didnt exist and therefore you COULDNT have owned the magazines prior to 2000, that seems like a primae facie evidence that YOU BROKE THE LAW TO GET THEM....)
Quote:
Is the cop that detains you for having a hi capacity magazine going to wait for you to go home and get the receipt that will by now be completely faded and illegible?
What is he detaining you for? POSSESSION of the magazines IS NOT AGAINST THE LAW....

Quote:


Or is he going to take your word for it?
What else can he do.... YOU ARE NOT VIOLATING ANY LAW.

Quote:

And if that's the case what's keeping me from going to another state and buying a hi cap magazine and just saying I owned it before the ban?
Because you could get caught bringing them back INTO the state.... and that IS easy to prove.

Quote:

Are we going on the honor system here?
No. We're going on the American criminal justice system, which places the burden on the State to prove YOU broke a law thats actually on the books.... Rather than asking you to prove you didnt break a law that isnt on the books.


Quote:
I didn't even own any hand guns before about 2002, so I'm just plain screwed anyway as far as that one goes.
That has nothing to do with it. The question isnt "Did you own the gun".... Its "DID you own the magazines?" One has very little to do with the other.

Quote:
But yeah, not that long ago I was listening to some CHP officers interactions on the scanner as they had someone pulled over in posession of a high capacity magazine. And there was a lot of chatter back and forth on the radio about whether it was legal or not, and the one officer was telling the officer that made the stop, that as long as the person owned them before whatever that date was, that they were legal. But then the officer on the scene, acted like he didn't like that answer and just wanted it to be illegal and he got really short with his replies and I believe what I heard was him eventually determining that it was illegal for this person to have this high capacity magazine.

But I don't know what he did to the person. Give them a ticket?
A ticket for what? Did he give them a ticket for driving a red car as well? Thats not illegal either.

Quote:
Confiscate their illegal magazine?
The magazine isnt illegal.
Quote:
Arrest them? Whip them accross the face a few times with it?
God, I hope so.... That would be a winning lottery ticket.

Quote:

What would be the charge? Is it misdemeanor? Can't be felony can it?
None of the above?


Quote:

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:
That means its a misdemeanor to:

Quote:
(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.
You will notice.... There are several VERBS in that crime..... Those VERBS are what is illegal to DO after January 2000.

They are :

1. Manufacture/ Cause to be manufactured
2. Import
3. Keep for sale
4. [i]Offer or expose [/]for sale
5. Give
6. Lend


Now.... Please dont make me go through each of them and explain the common definitions of those verbs and how none of them have any impact on you possessing high capacity magazines.
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Last edited by RomanDad : 08-13-2009 at 09:28 PM.
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