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Thread: CA parts sale

  1. #11
    Gunco Rookie minimini's Avatar
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    Quote Originally Posted by jrs View Post
    You'd have parts, but if you assembled them you'd be in violation of the law unless you have the proper permit & license.
    No permit or license needed unless you are building for selling, than you need an 07 ffl. Just build/configure legally and your good to go.

  2. #12
    jrs
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    B.U.F. (Bald, Ugly, Fat) jrs's Avatar
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    I stand corrected. Though the wording can be read that the importation or manufacture is illegal. Manufacture doesn't necessarily mean commercial manufacture, or does it. Any lawyers out there with an opinion?


    ARTICLE 2. UNLAWFUL CARRYING AND POSSESSION OF WEAPONS

    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.
    jrs
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    "A great civilization is not conquered from without until it has destroyed itself from within.", Will Durant

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  3. #13
    Gunco Rookie minimini's Avatar
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    Quote Originally Posted by jrs View Post
    I stand corrected. Though the wording can be read that the importation or manufacture is illegal. Manufacture doesn't necessarily mean commercial manufacture, or does it. Any lawyers out there with an opinion?


    ARTICLE 2. UNLAWFUL CARRYING AND POSSESSION OF WEAPONS

    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.
    In this case, manufacturing is considered assembly. DOJ definition - " A large capacity magazine is defined as any ammunition feeding device...."
    Therefore the individual parts do not constitute a magazine as defined. A spring is just a spring, the housing alone can't feed etc. However, once they are assembled, then they become a magazine by definition. Here are a few different examples.

    "manufactures" I can't make one at home.
    "imports into the state' - cannot be from anyone private or company as a complete magazine as defined by CA DOJ.
    "causes to be manufactured" I can't assemble one from a kit nor can I create or manufacture one for a different weapon. Can't take a pre-ban M16 and modify to fit a PTR91. (for illustration purposes )
    "keeps for sale, or offers or exposes for sale" I owned a hi-cap preban. I cannot within the state, sell to another CA resident or to another state. I must leave the state to execute out of state sale. (the sell out of state sale is debated by some attorneys in CA but it has not been tested). The only way a CA resident can sell you one within the state or out legally is by disassembly and thusly now it becomes a rebuild kit- see 'causes to be manufactured'. You can only use it for your personal prebans, but you cannot 'add' another magazine to your collection. If it gets sold out of state, the buyer, provided no restrictions in their state, simply reassembles it for their use.
    "or who gives" - self explained.
    "lends" - You can be present such as at a range. You cannot lend, have them take it home and hold on to it.

    Here's more, if you were at a range and you 'found one', you can legally own it as it did not fit the wording above. Additionally, it is up to the DA to determine, if you are caught with a hi-cap mag, when you acquired it. So you can't have a hi cap mag for a weapon that wasn't made before 2000.

    Keep in mind though that in the case of a s/a centerfire rifle, that if you fix the mag so to not make an AW that it cannot be a hi cap but a 10rd otherwise your in possession of an AW. Section 12276.1.(2)

    If you have pre-bans, you can legally buy rebuild kits all day long to legally rebuild you existing mags. They are more expensive b/c they are kits, but they are easily and legally obtainable.
    CA DOJ issued also letter stating that rebuild kits are legal. Although you won't find it on their website, a copy can be found at the forum below.

    If your not a member yet, I would invite you to be.

    Calguns.net
    (mods, if I can't put this website, I apologize and please remove, just trying to help out the member who's in CA)

  4. #14
    jrs
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    Quote Originally Posted by minimini View Post
    If your not a member yet, I would invite you to be.

    Calguns.net
    (mods, if I can't put this website, I apologize and please remove, just trying to help out the member who's in CA)
    Joined. And thank you for that enumeration of possibilities.
    jrs
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    "A great civilization is not conquered from without until it has destroyed itself from within.", Will Durant

    "All that is necessary for the triumph of evil is that good men do nothing.", Edmund Burke

  5. #15
    Citizen, Patriot, Ranger bellson's Avatar
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    Quote Originally Posted by ruarmed View Post
    are high cap mags allowed to be bought if its taken apart and sold as repair parts ?
    Again, crazy as it may sound; parts is parts! You can buy mag bodies, springs, followers, floorplates, etc. etc. etc. No laws broken.....If I as the unfortunate citizen of the PRK then assemble said parts into NEW magazines, I am a FELON!

    What was that "Equal Protection under the Law" thingy again?!?

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  6. #16
    Citizen, Patriot, Ranger bellson's Avatar
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    Quote Originally Posted by Bluejack View Post
    I am only shipped the upper AK parts kit without receiver , barrel , gas tube, bolt , carrier, dust cover, recoil spring, that is all , no FCG, no Buttstock, no trigger guard, no stock set , no mags, I think I will be okey on that part

    It is no problem BlueJack! I live here (DAMMIT) and I know that it is legal.
    Imagine whirled peas

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    Bellson

  7. #17
    Citizen, Patriot, Ranger bellson's Avatar
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    Default Directed ONLY at JRS!!!

    JARHEAD!
    Imagine whirled peas

    Peace, Love, And Superior Firepower






    Bellson

  8. #18
    Gunco Veteran AK Builder FloridaAKM's Avatar
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    All this talk makes my head hurt, no wonder I live on the other coast.

    "If God had not intended for us to eat animals, how come He made them out of meat?" - Sarah Palin
    New Member of the Busted Box Club

  9. #19
    Gunco Member noobert's Avatar
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    or we can say"screw califronia"

  10. #20
    Gunco Member glen avon's Avatar
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    Quote Originally Posted by noobert View Post
    or we can say"screw califronia"
    you can, but it makes no sense if it's misspelled....

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