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Old 07-14-2010, 10:44 AM
scifiguy scifiguy is offline
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Default Modifying Magazines to Reduced Capacity

Hello,

I'm new to the forum, and currently waiting for my CCW to process. I have a question about California law regarding magazine capacity.

Can you transfer a pre-ban gun with pre-ban high cap. magazines if you modify the magazines to only hold a maximum of 10 rounds?

--Mike
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Old 07-14-2010, 11:08 AM
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Is the transfer from a non-family private party? If it is, I think the answer on the gun is "no." Not sure about rebuilding the mag.
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Old 07-14-2010, 02:13 PM
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Quote:
Originally Posted by scifiguy View Post
Can you transfer a pre-ban gun with pre-ban high cap. magazines if you modify the magazines to only hold a maximum of 10 rounds?
As a private-party transfer through an FFL, yes, this would be legal, provided the gun doesn't violate any of the Assault Weapon laws and isn't a registered AW.

Magazines can only be transferred as restricted-capacity magazines, so if you can modify them to hold 10 rounds or less, that's fine. Otherwise they have to be transferred as 'parts' and disassembled, and re-assembly in California is a crime.
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Old 07-14-2010, 03:12 PM
scifiguy scifiguy is offline
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The transfer is through parent-child gift. I'd rather modify the magazines to 10 rounds than scrap them.

Thanks.

--Mike
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Old 07-15-2010, 08:10 AM
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An alternative would be to offer them for sale as "parts kits" to those who also legally own the same type mag, or as a unit to LEOs, and use that dough to purchase new 10 rounders.

By all means do not scrap them.
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Old 07-15-2010, 08:33 AM
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Quote:
Originally Posted by scifiguy View Post
The transfer is through parent-child gift. I'd rather modify the magazines to 10 rounds than scrap them.

Thanks.

--Mike
If you can modify them yourself, you can probably "unmodify" them back...

AFAIK the way Glock magazines were limited was by adding ribs on the inside of the magazine body that reduced the "double stack" to "single stack" (or maybe one and a half).
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Old 07-15-2010, 09:32 AM
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Quote:
Originally Posted by Gunter View Post
If you can modify them yourself, you can probably "unmodify" them back...

AFAIK the way Glock magazines were limited was by adding ribs on the inside of the magazine body that reduced the "double stack" to "single stack" (or maybe one and a half).
With many mags, it's just different followers or floor plates. It's perfectly legal to modify them back to hi-cap if you leave California, you just can't bring them back into the state that way.

For parent-child transfers where both parties are permanent California residents, remember that handguns require a form (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf) and fee, where long guns do not, and you cannot transfer registered assault weapons that way.
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Old 07-15-2010, 09:52 AM
scifiguy scifiguy is offline
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It was my understanding that the transfer paperwork for things like parent to child inheritance was not mandatory. There don't seem to be any penalties for not filing it. Am I wrong?

Thanks.

--Mike
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Old 07-15-2010, 10:10 AM
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Quote:
Originally Posted by scifiguy View Post
It was my understanding that the transfer paperwork for things like parent to child inheritance was not mandatory. There don't seem to be any penalties for not filing it. Am I wrong?
It's optional for long guns, but required for handguns under Penal Code §§ 12078(i)(1)(B), 12078(c)(2)(A).

I'm not a lawyer, but transferring a handgun outside of that exemption is the same as buying one private party without going through a dealer, which appears to be a misdemeanor.

I would not recommend attempting to circumvent the law, as a conviction on that misdemeanor would remove your rights to own firearms for 10 years in California.
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Old 07-15-2010, 10:17 AM
scifiguy scifiguy is offline
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Go it.

Staying legal is why I'm here. Unfortunately, California gun laws turn honest people into criminals.

Thanks.

--Mike
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Old 07-15-2010, 11:03 AM
scifiguy scifiguy is offline
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Quote:
Originally Posted by scifiguy View Post
Go it.

Staying legal is why I'm here. Unfortunately, California gun laws turn honest people into criminals.

Thanks.

--Mike
Sorry, that should have been "Got it."
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Old 07-15-2010, 02:14 PM
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Quote:
Originally Posted by scifiguy View Post
It was my understanding that the transfer paperwork for things like parent to child inheritance was not mandatory. There don't seem to be any penalties for not filing it. Am I wrong?

Thanks.

--Mike
I have asked the same question. Yes, you MUST! as stated in the form.

Individuals must submit this application with a fee of $19 in the form of a check or money order made payable to
the Department of Justice, for 1 or more handguns, to:

Unregistered handguns do have penalties.
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Old 07-15-2010, 09:07 PM
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Default one of those answers might be a little edgy.....

MODIFY? if the feds can make a semi auto .22 into a full auto, and have it stand up in court, they can prove a modified mag can be un-modified....shouldn't touch that one with a ten foot pole.... Couldn't find any case history on this, but neither could the attorney for the guy that went to prison for a ".22 machinegun".
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Last edited by Sidekick : 07-15-2010 at 09:12 PM.
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Old 07-16-2010, 04:01 AM
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Default in regards to modifying large capacity magazines...

The large capacity magazines can be dissassembled into parts and legally transfered.

The magazine parts can then be used to make a permanent 10 round magazine.



Penal Code 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.
(c)(25) As used in this section, "large-capacity magazine" means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:
(A) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
(B) A .22 caliber tube ammunition feeding device.
(C) A tubular magazine that is contained in a lever-action firearm.
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Old 07-17-2010, 03:41 AM
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Leave your large cap mags dissasembled and use them out of state. Buy some 10 round mags and be happy.

I don't know about the feds and the FA 22 but they don't care about how many rounds your mags hold.
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