30 round M16 Clip in California

Discussion in 'Weapons and Tactics' started by VeraJitsu, Jul 20, 2010.

  1. VeraJitsu

    VeraJitsu White Belt

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    Hey Sherdog...I just moved to California, and I know my 30 round M16 clip is illegal. My gun is a Benelli MR1. Anyone know how bad it would be if I got caught with it? I guess it depends on who catches me. Anyone have experience with this? Seems like a shame to just throw it away.
     
  2. Lord of Lies

    Lord of Lies Brown Belt

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    I don't know the California laws (since I live in a free state, AZ), but it's probably a felony. But I'm sure there are ways around it (they may allow pre-ban magazines, you may be able to put a new follower in it to limit it to 10 rounds, etc.).

    Go here, they should have the info you need:

    Calguns.net
     
  3. ComteGuillotine

    ComteGuillotine Blue Belt

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    Let me get this straight...


    "Hey world, I know I am breaking state laws, how bad would it be if they found out?"


    I strongly suggest you don't post online about being in violation of any law.
     
  4. pliftkl

    pliftkl Green Belt

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    Possession of a 30 round magazine in California is not by itself illegal. The burden is on the state to prove that you illegally imported or manufactured it (though the post you just made is pretty much an admission of guilt on your part).

    The penalty itself seems to be a misdemeanor, since it is punishable by at most 1 year in prison.
     
  5. D Train

    D Train Silver Belt

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    It would be a shame if TS were to lose that 30 round mag in a tragic boating accident and then posted about the accident on Sherdog so everyone would know that he no longer had that magazine. I really hope that doesn't happen.
     
  6. corporateslave

    corporateslave freedom

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    Exactly what this guy said.

    I don't think it is worth the risk to keep it. However, if you were to disassemble the magazine it would then be a "parts kit" or "rebuild kit" and you would not be prosecutable even if you did buy or import it recently.

    Also, in case you don't know your rifle needs a bullet button to be California legal.
     
  7. KaosX

    KaosX Banned Banned

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    No, according to law that's constructive intent.

    If I have an unbuilt AR-15 lower receiver and a SBR upper less than 16" and a buttstock it's constructive intent to the ATF that I was going to build an illegal (unregistered/stamped) SBR - even though I could have built a pistol from it - seriously, write the ATF a letter and ask them.

    The way the law is explained about Commiefornia's gun laws to me is that new production magazines can hold no more than 10 rounds - there's a lot of other stupid rules too regarding certain features (detachable magazines, pistols grips etc) however if you have certifiable pre-ban magazines then you're OK.
     
  8. Jumpy

    Jumpy Invincible

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    funnily enough, i don't think he'll pick up on this.
     
  9. corporateslave

    corporateslave freedom

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    Your example is correct with regards to constructing a SBR, but not magazines. If you have all the pieces to build a SBR or other illegal weapon, and don't have any other use for them, they will nail you.

    However, magazine rebuild kits can be used to make pinned 10 round mags, or repair/rebuild existing magazines. Seriously, they sell rebuild kits at every gun show in California, and dozens of online retailers ship them to/from California. They are extremely common.
     
  10. ChuckSteak

    ChuckSteak Purple Belt

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    This.

    Right on the spot.
     
  11. Taskforce3Tango

    Taskforce3Tango Loose cannon

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    Your IP address will be reported to the proper authorities. Way to hang yourself.
     
  12. G0NZ0

    G0NZ0 MADE MAN

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    Give it to me I could use it.
     

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