CalCCW  

Go Back   CalCCW > Concealed Carry in California > Legal
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read

Legal Discuss legal issues of California CCW

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 01-22-2009, 09:25 AM
OIS's Avatar
OIS OIS is offline
Member
 
Join Date: Aug 2007
Location: Sonoma / Hawaii / Aboard Yacht
Posts: 175
Post Magazine Capacity in California

Is the magazine capacity limit for an auto loading handgun consistent throughout the state of California or does the limit vary from county to county? I have tried to search "California Gun Laws" to no avail. Any help / citation would be most appreciated.

Thanks!
__________________
"Make each moment a masterpiece." COSMIO PROPELLOR, Artist.
Reply With Quote
  #2 (permalink)  
Old 01-22-2009, 09:31 AM
tango-52's Avatar
tango-52 tango-52 is offline
Senior Founding Member
 
Join Date: Mar 2007
Location: Lemon Grove
Posts: 2,345
Default

The State law pre-empts on the mag. capacity. Maximum of 10, unless you possessed the mags prior to the law taking effect (mid-90's I think).
__________________
Hokey religions and ancient weapons are no match for a good blaster at your side, kid. - Han Solo

A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects. - Lazarus Long (Robert A . Heinlein)

Reply With Quote
  #3 (permalink)  
Old 01-22-2009, 10:52 AM
Glock32 Glock32 is offline
Senior Founding Member
 
Join Date: Mar 2007
Location: Socal
Posts: 2,304
Default

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.

Commencing January 1, 2000, prohibits the manufacture, importation, sale, or transfer of
any large capacity magazine unless to specifically designated parties and under specified
conditions. A violation of this provision is a misdemeanor or a felony. A large capacity
magazine is defined as any ammunition feeding device with the capacity to accept more than
ten rounds
but shall not include any .22 caliber tube ammunition feeding device. Firearms
dealers may sell large capacity magazines only to parties who are exempt under PC section
12020 from the large capacity magazine restriction.

Last edited by Glock32 : 01-22-2009 at 10:57 AM.
Reply With Quote
  #4 (permalink)  
Old 01-22-2009, 10:59 AM
Tom98915's Avatar
Tom98915 Tom98915 is offline
Member
 
Join Date: Aug 2007
Location: .
Posts: 5,343
Default

Quote:
Originally Posted by Glock32 View Post
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.
That law seems pretty useless. If you carry multiple magazines it adds up to the same thing - lots of ammo at your disposal with a quick and easy reload. And I always have spare mags on me like most CCw'ers. But our not-so-bright politicians think they know everything...
__________________
Don't underestimate me.
I know more than I say,
think more thank I speak,
and notice more than you realize.

"Any man who thinks he can be happy and prosperous by letting the
Government take care of him better take a closer look at the American
Indian." ~ Henry Ford

Reply With Quote
  #5 (permalink)  
Old 01-22-2009, 12:35 PM
Scout's Avatar
Scout Scout is offline
Senior Member
 
Join Date: Aug 2008
Location: NV
Posts: 1,376
Default

Quote:
Originally Posted by Glock32 View Post
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.

Commencing January 1, 2000, prohibits the manufacture, importation, sale, or transfer of
any large capacity magazine unless to specifically designated parties and under specified
conditions. A violation of this provision is a misdemeanor or a felony. A large capacity
magazine is defined as any ammunition feeding device with the capacity to accept more than
ten rounds
but shall not include any .22 caliber tube ammunition feeding device. Firearms
dealers may sell large capacity magazines only to parties who are exempt under PC section
12020 from the large capacity magazine restriction.
Refering back to tango-52's statement.

If you possessed such mags prior to January 1, 2000, they are legal ?
__________________
Battle Born

Reply With Quote
  #6 (permalink)  
Old 01-22-2009, 12:39 PM
tango-52's Avatar
tango-52 tango-52 is offline
Senior Founding Member
 
Join Date: Mar 2007
Location: Lemon Grove
Posts: 2,345
Default

If you look at the statute, it has no prohibition against possession for your own use. Only if you try to lend or sell it do you have a problem. For example, I have a ParaOrdnance P12-45 that I got pre-2000, along with a bunch of magazines. They are all legal for me to own and use, even if it were my carry weapon.
__________________
Hokey religions and ancient weapons are no match for a good blaster at your side, kid. - Han Solo

A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects. - Lazarus Long (Robert A . Heinlein)

Reply With Quote
  #7 (permalink)  
Old 01-22-2009, 12:47 PM
Scout's Avatar
Scout Scout is offline
Senior Member
 
Join Date: Aug 2008
Location: NV
Posts: 1,376
Default

Quote:
Originally Posted by tango-52 View Post
If you look at the statute, it has no prohibition against possession for your own use. Only if you try to lend or sell it do you have a problem. For example, I have a ParaOrdnance P12-45 that I got pre-2000, along with a bunch of magazines. They are all legal for me to own and use, even if it were my carry weapon.
Excellent choice.

I too have a ParaOrdnance P14-45, purchased prior to 2000.

Also purchased numerous mags when I saw the change coming
__________________
Battle Born

Reply With Quote
  #8 (permalink)  
Old 01-22-2009, 01:59 PM
spc's Avatar
spc spc is offline
Founding Member
 
Join Date: Mar 2007
Location: Mono Co.
Posts: 3,685
Default

It is a must to stock up on full capacity magazines when the authorities put down such an ultimatum. What is the first thing someone does when told they can not have or do something???? They go out and acquire or do what is to be prohibited.

I know I did. The Government is what got me started with handguns in the early '90s when they proposed elimination of full capacity magazines, and the same is true with my evil black rifles late in the '90s

spc
__________________
SierraNevadaCCW
"The difference between someone on the left and us, is we instinctively understand this through common sense, education and intelligence -- while liberals have trust issues, control issues and view the world from fantasy land."



Reply With Quote
  #9 (permalink)  
Old 01-22-2009, 03:52 PM
Glock32 Glock32 is offline
Senior Founding Member
 
Join Date: Mar 2007
Location: Socal
Posts: 2,304
Default

Quote:
Originally Posted by Scout View Post
Refering back to tango-52's statement.

If you possessed such mags prior to January 1, 2000, they are legal ?
Correct.
Reply With Quote
  #10 (permalink)  
Old 01-22-2009, 10:56 PM
sigfreed&freud's Avatar
sigfreed&freud sigfreed&freud is offline
Junior Member
 
Join Date: Dec 2008
Location: Rocklin
Posts: 90
Default

My father bought me a handgun for Christmas several years ago. He is an FFDO and thus had access to the option of 12 rd magazines, which he got. The gun is being transferred into my name. I have an appointment for my application in a little while. So, even though these are NOT pre-ban mags, is it legal for me to carry these while CCWing?
__________________
"Happiness is a warm gun... and then very shortly after, a clean one."
Reply With Quote
  #11 (permalink)  
Old 01-22-2009, 11:29 PM
PHM's Avatar
PHM PHM is offline
Senior Member
 
Join Date: Jan 2008
Location: San Bernardino
Posts: 1,044
Default

Quote:
Originally Posted by sigfreed&freud View Post
My father bought me a handgun for Christmas several years ago. He is an FFDO and thus had access to the option of 12 rd magazines, which he got. The gun is being transferred into my name. I have an appointment for my application in a little while. So, even though these are NOT pre-ban mags, is it legal for me to carry these while CCWing?

NO, it is not legal, you must have had them in your possession before the ban took effect.
__________________
Reply With Quote
  #12 (permalink)  
Old 01-22-2009, 11:39 PM
CCWInstructor's Avatar
CCWInstructor CCWInstructor is offline
Senior Founding Member & Social Director
 
Join Date: Mar 2007
Location: Huntington Beach
Posts: 9,737
Default

Quote:
Originally Posted by sigfreed&freud View Post
My father bought me a handgun for Christmas several years ago. He is an FFDO and thus had access to the option of 12 rd magazines, which he got. The gun is being transferred into my name. I have an appointment for my application in a little while. So, even though these are NOT pre-ban mags, is it legal for me to carry these while CCWing?
Your dad must keep the mags. He can loan them to you as long as he stas with the mags. The LEM he bought also came out after 2000.
__________________
"A kind word only goes so far, a kind word and a gun goes a lot further" Al Capone 1924

Be Safe, Be Confident, Get Trained! Copyrighted 1996

Amateurs Talk Hardware (Guns)

Professionals Talk Software (Training)

greg@firearmstraining.com

Oh Yeah! "Piss On Golf! Waste of a good range." Lt. Colonel Dave Grossman (Ret.) 1998
Reply With Quote
  #13 (permalink)  
Old 01-23-2009, 12:00 AM
Grog45 Grog45 is offline
OC Junior Member
 
Join Date: Dec 2008
Location: Santa Ana
Posts: 11
Default

As long as I am in the locality and teaching or shooting with someone I am not "loaning them" correct? Since I am planning to teach several "liberal folks" the joys of shooting I want to make sure I don't end up in matching bracelets for the effort up at Burro Canyon. Since the locals LEO's are almost always in cruz mode...
Reply With Quote
  #14 (permalink)  
Old 01-23-2009, 12:08 PM
Gronk Bronson's Avatar
Gronk Bronson Gronk Bronson is offline
Member
 
Join Date: Nov 2008
Location: Bakersfield
Posts: 406
Default

How do I prove I've had my Glock 23 since 1990 along with the 13 round mags? It's list on my CCW permit and I want to make sure I'm legal to carry the 13 round mags at all times.
Reply With Quote
  #15 (permalink)  
Old 01-23-2009, 12:22 PM
tango-52's Avatar
tango-52 tango-52 is offline
Senior Founding Member
 
Join Date: Mar 2007
Location: Lemon Grove
Posts: 2,345
Default

Quote:
Originally Posted by Gronk Bronson View Post
How do I prove I've had my Glock 23 since 1990 along with the 13 round mags? It's list on my CCW permit and I want to make sure I'm legal to carry the 13 round mags at all times.
You don't have to prove when you bought them. The DA has to prove you bought them after 2000.
__________________
Hokey religions and ancient weapons are no match for a good blaster at your side, kid. - Han Solo

A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects. - Lazarus Long (Robert A . Heinlein)

Reply With Quote
Reply



Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


All times are GMT -7. The time now is 03:38 PM.


Powered by vBulletin® Version 3.6.8
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.0.0 RC8
2007-2010 CalCCW.com