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  #1  
Old 04-10-2019, 3:44 AM
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Default Community property state?

So, can my wife legally use my new magazines? The day I got my FS92, she tried it and like it and took it and I had to buy myself one.... seriously, the woman has what CNN would call an arsenal but has never bought a gun in her life but that’s another story.

Can she use my new mags or can I tell her she has to use her own darned magazines?
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Old 04-10-2019, 4:40 AM
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Originally Posted by five.five-six View Post
So, can my wife legally use my new magazines? The day I got my FS92, she tried it and like it and took it and I had to buy myself one.... seriously, the woman has what CNN would call an arsenal but has never bought a gun in her life but that’s another story.

Can she use my new mags or can I tell her she has to use her own darned magazines?
Did you forget about the $20 she put in your pocket for a couple mags after you bought them? Unless you don’t want her to use it, then it’s what $20??
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Old 04-10-2019, 6:43 AM
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Originally Posted by five.five-six View Post
So, can my wife legally use my new magazines? The day I got my FS92, she tried it and like it and took it and I had to buy myself one.... seriously, the woman has what CNN would call an arsenal but has never bought a gun in her life but that’s another story.

Can she use my new mags or can I tell her she has to use her own darned magazines?
So why are we even asking stupid questions like this?? Do you really think anyone is going to bust you for not following exact letter of the law??
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Old 04-10-2019, 7:18 AM
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https://crpa.org/news/blogs/crpa-ale...-ordered-stay/
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  #5  
Old 04-11-2019, 9:17 AM
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So why are we even asking stupid questions like this?? Do you really think anyone is going to bust you for not following exact letter of the law??
Go back and re-read the OP

HTH
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Old 04-11-2019, 9:20 AM
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You can tell her anything you want if you don't care where you sleep ;-)
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Old 04-11-2019, 9:45 AM
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But, to address the 'community property' part ...

CA laws on community property and on guns have no clear intersection. It is certainly true that neither Feds nor CA have a way to record more than one individual as a gun owner - DROS and 4473 each have just one space.
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Old 04-11-2019, 10:36 AM
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Default Community property state?

Quote:
Originally Posted by Librarian View Post
But, to address the 'community property' part ...

CA laws on community property and on guns have no clear intersection. It is certainly true that neither Feds nor CA have a way to record more than one individual as a gun owner - DROS and 4473 each have just one space.

Magazines aren’t recorded or restricted to specific individuals in an authorized purchase sense that DROS authorizes sale completion for firearms. Magazines are just general property. You can put them in an airline checked baggage with no declaration or any locked transport condition requirements, etc.

True without a test case it might be unclear, but magazines are no different as to being community property immediately at the sale as would be any other now-banned item for sale such as an old side drop baby crib.

* oops fixed carryon to baggage

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Old 04-11-2019, 12:05 PM
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Quote:
Originally Posted by five.five-six View Post
Go back and re-read the OP

HTH
I read it the first time Nervous nelly

All these post of

Can we do this
Can we do that
Are you sure
What about this
Wait there's this too.

Some real stupid questions are being asked by some very intimidated people
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  #10  
Old 04-11-2019, 12:59 PM
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Originally Posted by lordmorgul View Post

True without a test case it might be unclear, but magazines are no different as to being community property immediately at the sale as would be any other now-banned item for sale such as an old side drop baby crib.
Perhaps that explains all the laws prohibiting buying baby cribs?

No, CA treats magazines as different from other objects.

There is an exception from the crime of lending (32310) at 32415
Quote:
32415.

Section 32310 does not apply to the loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met:

(a) The person being loaned the large-capacity magazine is not prohibited by Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition.

(b) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited, and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.
but it is not based on any version of 'community property'.
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I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


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Last edited by Librarian; 04-11-2019 at 4:16 PM.. Reason: fix 32 5 10 to 32 3 10
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  #11  
Old 04-11-2019, 1:06 PM
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Quote:
Originally Posted by Librarian View Post
But, to address the 'community property' part ...

CA laws on community property and on guns have no clear intersection. It is certainly true that neither Feds nor CA have a way to record more than one individual as a gun owner - DROS and 4473 each have just one space.
Still, if I had a very valuable gun collection and was getting a divorce, the odds of the judge not ruling the collection was community property would be practically zilch since all but the ones I would sell at a Police Buy Back were bought with Community funds.

Once I consult with an Estate planning attorney, I might ask him a less pointed question regarding firearm ownership and watch his eyes bug out.
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  #12  
Old 04-11-2019, 1:41 PM
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You are correct. There is no exception to the community property presumption for firearms or shooting accessories. Non-shooting spouses in a dissolution will frequently say, "keep them," but not without some offset for their value.
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Old 04-11-2019, 1:56 PM
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Quote:
Originally Posted by Librarian View Post
Perhaps that explains all the laws prohibiting buying baby cribs?

No, CA treats magazines as different from other objects.

There is an exception from the crime of lending (32510) at 32415 but it is not based on any version of 'community property'.


But there are. http://healthland.time.com/2011/06/2...for-all-cribs/

There is no reliable method of determining whose a magazine was within a marriage union other than direct owner attestation, “this magazine is mine”. At any time during the freedom week transfer by gift could or did occur.


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  #14  
Old 04-11-2019, 2:54 PM
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SO is it still legal to buy a Hi Cap baby crib?
And “if” I were to own one, how many babies is my wife allowed to load in it?

Barry
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  #15  
Old 04-11-2019, 3:26 PM
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Did you mark the ones you bought for her and those you bought for yourself? If not, just put hem in a box and write “his and hers” on it.

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