Large-Capacity Magazines - Revision history

Sysop at 13:30, 13 October 2020

2020-10-13T13:30:20Z

← Older revision		Revision as of 13:30, 13 October 2020
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	Currently, [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=32310&lawCode=PEN Penal Code section 32310] says:		Currently, [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=32310&lawCode=PEN Penal Code section 32310] says:

	any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.		any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

	PC32310 used to only say:		PC32310 used to only say:

Sysop at 13:29, 13 October 2020

2020-10-13T13:29:56Z

← Older revision		Revision as of 13:29, 13 October 2020
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	Currently, [~~Penal Code section 32310 (~~https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=32310&lawCode=PEN] says:		Currently, [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=32310&lawCode=PEN Penal Code section 32310] says:

	any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.		any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
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	It is not unlawful to possess a large-capacity magazine or large-capacity conversion kit. It unlawful, however, to receive or buy these items after January 1, 2014.		It is not unlawful to possess a large-capacity magazine or large-capacity conversion kit. It unlawful, however, to receive or buy these items after January 1, 2014.

	Legally, I think a more defensible position would be to lend a firearm with a large-capacity magazine loaded in it. [~~Penal Code section 27885~~ https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27885&lawCode=PEN] specifically allows lending firearms to people while you're personally present. Under [~~People v. Broadbent (2020) 47 Cal.App.5th 917](~~https://scholar.google.com/scholar_case?case=4397149109640696994), the magazine loaded into a firearm and the firearm itself are not separate items.		Legally, I think a more defensible position would be to lend a firearm with a large-capacity magazine loaded in it. [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27885&lawCode=PEN Penal Code section 27885] specifically allows lending firearms to people while you're personally present. Under [https://scholar.google.com/scholar_case?case=4397149109640696994 People v. Broadbent (2020) 47 Cal.App.5th 917], the magazine loaded into a firearm and the firearm itself are not separate items.

Sysop at 13:28, 13 October 2020

2020-10-13T13:28:52Z

← Older revision		Revision as of 13:28, 13 October 2020
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	Currently, [Penal Code section 32310](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=32310&lawCode=PEN) says:		Currently, [Penal Code section 32310 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=32310&lawCode=PEN] says:

	any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.		any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
Line 10:		Line 10:
	It is not unlawful to possess a large-capacity magazine or large-capacity conversion kit. It unlawful, however, to receive or buy these items after January 1, 2014.		It is not unlawful to possess a large-capacity magazine or large-capacity conversion kit. It unlawful, however, to receive or buy these items after January 1, 2014.

	Legally, I think a more defensible position would be to lend a firearm with a large-capacity magazine loaded in it. [Penal Code section 27885](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27885&lawCode=PEN) specifically allows lending firearms to people while you're personally present. Under [People v. Broadbent (2020) 47 Cal.App.5th 917](https://scholar.google.com/scholar_case?case=4397149109640696994), the magazine loaded into a firearm and the firearm itself are not separate items.		Legally, I think a more defensible position would be to lend a firearm with a large-capacity magazine loaded in it. [Penal Code section 27885 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27885&lawCode=PEN] specifically allows lending firearms to people while you're personally present. Under [People v. Broadbent (2020) 47 Cal.App.5th 917](https://scholar.google.com/scholar_case?case=4397149109640696994), the magazine loaded into a firearm and the firearm itself are not separate items.

Sysop: Created page with "Currently, [Penal Code section 32310](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=32310&lawCode=PEN) says: any person in this state who ma..."

2020-10-13T13:28:11Z

Created page with "Currently, [Penal Code section 32310](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=32310&lawCode=PEN) says: any person in this state who ma..."

New page

Currently, [Penal Code section 32310](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=32310&lawCode=PEN) says:

any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or **who gives, lends, buys, or receives** any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

PC32310 used to only say:
>any person in this state who 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 is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

However, in 2014, AB48 added "receives" because everyone kept saying the "found in the desert" or "found in the woods." So the jury instruction used to advise:

It is not unlawful to possess a large-capacity magazine or large-capacity conversion kit. It unlawful, however, to receive or buy these items after January 1, 2014.

Legally, I think a more defensible position would be to lend a firearm with a large-capacity magazine loaded in it. [Penal Code section 27885](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27885&lawCode=PEN) specifically allows lending firearms to people while you're personally present. Under [People v. Broadbent (2020) 47 Cal.App.5th 917](https://scholar.google.com/scholar_case?case=4397149109640696994), the magazine loaded into a firearm and the firearm itself are not separate items.