California magazine limits?

[Gunsmiff12B]

Hoping someone here can help me.

I’ve since listed some magazines in various places, and got an interested buyer.

Magazines are 20 rounders.

However here’s the issue.

Buyer lives in California, and I told him I didn’t want to ship magazines to California, to which he told me they lifted the magazine ban. I can’t seem to find anything online about them lifting it. So my question would be did they really lift it? Or is this buyer trying to get me to send him “restricted” magazines.

Also every gun law is an infringement, I’m just trying to cover my bases here.

 

[BugI02]

Penal Code § 32310 PC – Large-Capacity Magazines – California Law

Criminal Defense » Penal Code » 32310 PC - Large-Capacity Magazines
Large-capacity magazines (LCMs) are illegal in California to possess, sell, purchase, give away, import, transport, or manufacture. LCMs are defined as any ammunition feeding device with the capacity to accept more than 10 rounds.

There are some limited exceptions to this rule, such as for law enforcement and military personnel in certain circumstances. Plus the Ninth Circuit is currently considering whether Penal Code § 32310 – the state statute which bans large-capacity magazines – is unconstitutional.

 

[DadSmith]

Penal Code § 32310 PC – Large-Capacity Magazines – California Law

Criminal Defense » Penal Code » 32310 PC - Large-Capacity Magazines
Large-capacity magazines (LCMs) are illegal in California to possess, sell, purchase, give away, import, transport, or manufacture. LCMs are defined as any ammunition feeding device with the capacity to accept more than 10 rounds.

There are some limited exceptions to this rule, such as for law enforcement and military personnel in certain circumstances. Plus the Ninth Circuit is currently considering whether Penal Code § 32310 – the state statute which bans large-capacity magazines – is unconstitutional.

So when everyone bought millions when the judge ruled it unconstitutional they are legally in possession?

 

[BugI02]

Don't know the timeline, that's what turned up under a search on 'California magazine capacity law 2023'. It's possible it was written before the court ruled or possibly the state is appealing to a higher court. I wouldn't sell to Cali unless I was damn sure about the legality, note the language about 'illegal in California to possess, sell, purchase, give away, import, transport, or manufacture'

 

[BugI02]

So when everyone bought millions when the judge ruled it unconstitutional they are legally in possession?

I'm seeing that SCOTUS instructed the 9th circuit to reconsider its decision to uphold the 'high cap' magazine ban, and that a decision was expected in 2023

I can't find any information indicating that they have ruled, and SCOTUS did not overturn the ban, so in the absence of information to the contrary I believe the ban is still in effect

 

[DadSmith]

I'm seeing that SCOTUS instructed the 9th circuit to reconsider its decision to uphold the 'high cap' magazine ban, and that a decision was expected in 2023

I can't find any information indicating that they have ruled, and SCOTUS did not overturn the ban, so in the absence of information to the contrary I believe the ban is still in effect

Thanks for researching it.

 

[Mgderf]

If in doubt, back out

 

[Wabatuckian]

Hello,

Check here

California handguns - Calguns.net

Discuss your favorite California handgun technical and related questions here.

www.calguns.net

and here

POLITICS, LITIGATION AND ACTIVISM - Calguns.net

I'll also post over there and refer them to this thread. Their laws are all jumbled right now, and it takes Californians to figure them out.

 

[Wabatuckian]

Hoping someone here can help me.

I’ve since listed some magazines in various places, and got an interested buyer.

Magazines are 20 rounders.

However here’s the issue.

Buyer lives in California, and I told him I didn’t want to ship magazines to California, to which he told me they lifted the magazine ban. I can’t seem to find anything online about them lifting it. So my question would be did they really lift it? Or is this buyer trying to get me to send him “restricted” magazines.

Also every gun law is an infringement, I’m just trying to cover my bases here.

This question is now up here:

Can You Help With This Cali Mag Question❓ - Calguns.net

Can You Help With This Cali Mag Question❓ California handguns

www.calguns.net

 

[MrSmitty]

It would be a better idea to pay the guy to move from Commiefornia, and then sell him the mags......

 

[Gunsmiff12B]

Thanks for all the input everyone, I really appreciate it. Checked the calguns forum, (wabatuckian) thanks a ton. Gonna go with what my gut told me originally and not sell.

Again, thank you everyone who got back to me on this. Definitely not worth any fall out for less than $100

 

[IUKalash429]

Me? I would ship to ban states. I'm not responsible for knowing what BS may or may not be happening in another state at a given time. That's the buyer's responsibility. If they're willing to pay for my stuff, then I'd ship it to them. Let's not turn our backs on our brothers and sisters in arms stuck behind enemy lines.

 

[sporter]

Don't feel comfortable with it, don't do it.

End of story.

 

[schmart]

Me? I would ship to ban states. I'm not responsible for knowing what BS may or may not be happening in another state at a given time. That's the buyer's responsibility. If they're willing to pay for my stuff, then I'd ship it to them. Let's not turn our backs on our brothers and sisters in arms stuck behind enemy lines.

I've been told "Ignorance of the Law is no excuse". I hardly want to even visit those ban states, and certainly don't want to be drug through their legal system. Now, if they want to rent a PO box in Nevada and import them on their own, that's on them.
--Rick

 

[IUKalash429]

I've been told "Ignorance of the Law is no excuse". I hardly want to even visit those ban states, and certainly don't want to be drug through their legal system. Now, if they want to rent a PO box in Nevada and import them on their own, that's on them.
--Rick

That's fine, and to each their own. Again though, it is fully up to the buyer - not the seller - to know said buyer's state laws. Caveat emptor and all.

 

[FNparabellum]

Hoping someone here can help me.

I’ve since listed some magazines in various places, and got an interested buyer.

Magazines are 20 rounders.

However here’s the issue.

Buyer lives in California, and I told him I didn’t want to ship magazines to California, to which he told me they lifted the magazine ban. I can’t seem to find anything online about them lifting it. So my question would be did they really lift it? Or is this buyer trying to get me to send him “restricted” magazines.

Also every gun law is an infringement, I’m just trying to cover my bases here.

I personally wouldn't just to cover my own rear. Its clearly ridiculous but last I heard there also doing background checks on ammo

 

[BigMoose]

If anyone there wants that stuff, they can just drive to Nevada and smuggle it in themselves on their own risk.

 

[ECS686]

That's fine, and to each their own. Again though, it is fully up to the buyer - not the seller - to know said buyer's state laws. Caveat emptor and all.

That sounds great…UNTIL you are in a criminal or civil suit! And trust me if anything found can be traced back to anyone out of state California is Lawsuit crazy!

I’ll ad a business we won’t send any over 10 round mag to the ban State unless it’s accepted by the dealer with the gun in writing and or 2 there is some sort of exception that we can document.

 

[DDadams]

How does this work for things like 10 round 458 Socom magazines?

I.e

Standard capacity 5.56 AR magazines - which are 9-10 round 458 magazines?

 

[IUKalash429]

That sounds great…UNTIL you are in a criminal or civil suit! And trust me if anything found can be traced back to anyone out of state California is Lawsuit crazy!

I’ll ad a business we won’t send any over 10 round mag to the ban State unless it’s accepted by the dealer with the gun in writing and or 2 there is some sort of exception that we can document.

As a business you choose not to sell to gun owners there because you don't want to risk losing your business due to a frivolous lawsuit, not because you are breaking the law.

Can you point me to any cases where an individual in a state like Indiana was jailed for shipping mags to an individual in California?