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  #1  
Old 05-30-2019, 9:13 AM
chicopilot chicopilot is offline
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Default Has anyone been hassled by LE about 10+ capacity mags?

Just curious if anyone has actually had any contact with law enforcement of any kind about the legality of the standard capacity mags that we all were able to buy a couple of months ago. I ask because I'm going to have mine with me this weekend I think and am wondering if it's going to be a problem or if they'll hassle me about when I bought them or what. Thanks
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  #2  
Old 05-30-2019, 9:26 AM
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What mags? Am I being detained?

Dont be low hanging fruit for overzealous or ignorant LEOs.
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  #3  
Old 05-30-2019, 9:27 AM
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I see.
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  #4  
Old 05-30-2019, 9:31 AM
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I think at this point being discreet and using common sense is probably the best way to go.
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  #5  
Old 05-30-2019, 9:31 AM
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All my cop buddies quickly concluded (after Freedom week) that the law became virtually unenforceable- as it would take vast resources (time) to prove a case. They've moved on to other things. Of note, they were not hot on the law in the first place, but knew it was part of the job. None seem worked up about it at all (of course, they've seen some crazy law/policies over the last decade- to the point of a bit of desensitizing).
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Old 05-30-2019, 9:34 AM
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Quote:
Originally Posted by NorCalBusa View Post
All my cop buddies quickly concluded (after Freedom week) that the law became virtually unenforceable- as it would take vast resources (time) to prove a case. They've moved on to other things. Of note, they were not hot on the law in the first place, but knew it was part of the job. None seem worked up about it at all (of course, they've seen some crazy law/policies over the last decade- to the point of a bit of desensitizing).
I think its fair to assume, not all LEOs are the same. I would hazard to guess your friends dont work for LAPD, SFPD or some other extreme authoritarian chithole city. I just dont see a cop from one of those cities not at least confiscating any 10+ mags. That would be the best case scenario.

Never forget, LEOs are not attorneys or legal scholars. They will usually always "err on the side of caution" aka throw the book at you and leave it up to the DA to sort out the mess they made. There are pretty much no real negative ramifications if they eff up. That is, unless they shoot you in cold blood on camera. Everything else is your word against theirs and your word is pretty much worthless. So its really just their word that matters.
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  #7  
Old 05-30-2019, 10:06 AM
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Look man it's perfectly legal to use your standard capacity mags in a lawful manner. There a stay on acquiring any mags now while the case winds it's way back through the courts. I've read on other threads concerning this matter that worst case scenario is a nuisance charge. That is a misdemeanor with no effects on your gun rights. Worst case they are confiscated as a nuisance.

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  #8  
Old 05-30-2019, 5:05 PM
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Originally Posted by justmedave View Post
Look man it's perfectly legal to use your standard capacity mags in a lawful manner. There a stay on acquiring any mags now while the case winds it's way back through the courts. I've read on other threads concerning this matter that worst case scenario is a nuisance charge. That is a misdemeanor with no effects on your gun rights. Worst case they are confiscated as a nuisance.

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The stay does not allow acquiring magazines. It prevents enforcement on people who owned magazines legally, which includes those purchased during freedom week.

Also, the "nuisance" taking of magazines by a LEO is not a misdemeanor. It is not a crime.
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Old 05-30-2019, 5:36 PM
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Originally Posted by ARDude View Post
The stay does not allow acquiring magazines. It prevents enforcement on people who owned magazines legally, which includes those purchased during freedom week.

Also, the "nuisance" taking of magazines by a LEO is not a misdemeanor. It is not a crime.
Fixed it.

Quote:
Penal Code Section 372.
Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor
.
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  #10  
Old 05-30-2019, 5:55 PM
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Originally Posted by Chewy65 View Post
Fixed it.

.
It doesn't fall under 372PC. It falls under 32390PC. Which covers only the taking of LCM's under certain circumstances.

This is from the CRPA's website regarding "nuisance".

IX. HOW DOES THE COURT’S RULING AFFECT CALIFORNIA’S “NUISANCE” PROVISION?
While a law enforcement agency might, in fact, seize “large-capacity” magazines as a “nuisance” under California Penal Code section 32390, it is our attorneys’ view that there is no legal authority for it to do so—at least not for those who lawfully acquired their magazines. As an initial matter, our attorneys believe section 32390 is unenforceable against at least lawfully acquired “large capacity” magazines, regardless of this ruling, as it was never intended to apply to them. In 2010, the Legislature reorganized firearm laws with the intent of making them easier to understand by renumbering, breaking up, and rewording long, complicated statutes. All those alterations were expressly intended to make no substantive legal change to the existing statutes.
The predecessor of section 32390 was an ambiguous provision that, at most, applied only to “large capacity” magazines that were unlawfully made, imported, sold, or acquired, but not merely possessed; this is because that previous statute applied to a whole host of weapons whose possession was illegal, while the “large capacity” magazine statute only applied to acquisition of news ones. The legislative history for the original “large capacity” magazine statute expressly stated that it did not intend to affect lawfully possessed magazines. It would make no sense, nor would it likely pass constitutional muster under the Due Process Clause, to construe section 32390 as applying to the lawful possession of magazines.
In any event, even if our attorneys’ analysis of California Penal Code section 32390 is wrong, the ruling in the Duncan matter makes clear that it is unconstitutional and thus unenforceable. The notion that an item whose possession is protected by the Second Amendment can be seized by government provided there is no criminal penalty is absurd; particularly so if there is no compensation for it, because seizing a “large-capacity” magazine as a nuisance would still be an illegal taking under the ruling. The ruling itself leaves little doubt that it would not tolerate enforcement of section 32390. As stated by the court in the March 29, 2019, decision:
Casting a common sized firearm magazine able to hold more than 10 rounds as a nuisance, as a way around the Second Amendment, is like banning a book as a nuisance, as a way around the First Amendment. It conjures up images from Ray Bradbury’s novel, Fahrenheit 451, of firemen setting books on fire, or in this case policemen setting magazines on fire.
In the coming days, CRPA attorneys will be sending a letter to various law enforcement channels in the State explaining Section 32390 ‘s unenforceability. If you or anyone you know has a “large-capacity” magazine seized by law enforcement on the basis that it is a nuisance under Section 32390, we urge you to contact CRPA attorneys immediately by sending an email to helpdesk@michellawyers.com or by calling (562) 216-4444.
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  #11  
Old 05-30-2019, 6:06 PM
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Here's an idea. Stay away from cops. Featureless out.
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  #12  
Old 05-30-2019, 6:12 PM
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I've owned and used lcms for 20+ years.

Never had an issue.
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  #13  
Old 05-30-2019, 11:54 PM
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Quote:
Originally Posted by NorCalBusa View Post
All my cop buddies quickly concluded (after Freedom week) that the law became virtually unenforceable- as it would take vast resources (time) to prove a case. They've moved on to other things. Of note, they were not hot on the law in the first place, but knew it was part of the job. None seem worked up about it at all (of course, they've seen some crazy law/policies over the last decade- to the point of a bit of desensitizing).
This~~~~~

In addition, i keep this printed in all my cars. If asked i'll just hand over this complete verbiage...

Magazine capacity restriction? Yes Yes §32310
Section 32310 of the Penal Code states that any person 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, receives, or assembles any large-capacity magazine from a parts kit is punishable by imprisonment in a county jail not exceeding one year or imprisonment. Thus, the offenses listed can be charged as a felony or a misdemeanor at the discretion of the prosecutor.[21] Large-capacity is defined as being able to hold more than 10 rounds. In November 2016 California voters approved Proposition 63. The referendum outlaws the possession of such magazines, requires background checks for all ammunition sales and mandates the reporting of lost or stolen firearms.[22] Under Proposition 63, mere possession of a large-capacity magazine is punishable as a misdemeanor with a $100 fine or an infraction with a $100 fine. This prohibition applies to magazines acquired prior to January 1, 2000 that were previously considered "grandfathered."[23] Importation, manufacture, lending, assembling a large-capacity magazine from a parts kit, or buying a large-capacity magazine remains chargeable as a felony or a misdemeanor.[24]

On June 29, 2017, a federal judge blocked the enforcement of Proposition 63's ban on the possession of large-capacity magazines, pending the outcome of litigation concerning the ban. Magazines that would have been subject to the Proposition 63 ban are legal for private citizens to keep until the injunction is either lifted and/or the ban is upheld by the courts.[25][26] On March 29, 2019, the entire large-capacity magazine law was blocked permanently by the district court; this includes the ban on possession, in addition to the ban on manufacturing, importing, selling, etc.[11][27] Following a stay request from Attorney General, Judge Benitez allowed the ban on manufacture, import, and sale of large-capacity magazines to be enforced while keeping in place the injunction against the enforcement of the ban on possession of previously legal large-capacity magazines, including all purchases made between the entry of the Court’s injunction on March 29, 2019 and April 5, 2019, 5:00 p.m.[28]
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  #14  
Old 05-31-2019, 2:04 AM
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I got harassed by two LEOs in one day.

We went shooting together and they both wanted to borrow MY mags.

I told them they never offered to loan me theirs.
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  #15  
Old 07-21-2019, 12:15 AM
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Quote:
Originally Posted by Citadelgrad87 View Post
I've owned and used lcms for 20+ years.

Never had an issue.
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Old 07-21-2019, 12:39 AM
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Cops would better serve the public assisting ICE depoting illegals than chasing mags.
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Old 07-21-2019, 4:16 AM
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I went shooting with a LEO friend a couple weeks ago. No problem with my standard capacity mags on the rifle range or pistol range. The only confiscation issue arose when we went to shoot clays. His Mossberg 590 jammed and he wanted to keep my Winchester 1300 after trying it. I politely said, "No."
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Old 07-21-2019, 5:15 AM
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I used mine, had ‘em fully laid out on the table at times, didn’t care who was around. All was fine, nobody cared. AR15 and Scorpion Evo longs....they were legal

.
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Old 07-21-2019, 5:21 AM
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All was fine, nobody cared.
Exactly. NO ONE CARES. The only people who seem to care are people here on Calguns who don’t actually shoot much.
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Old 07-21-2019, 6:48 AM
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Originally Posted by Mayor McRifle View Post
Exactly. NO ONE CARES. The only people who seem to care are people here on Calguns who don’t actually shoot much.
Smile!!!
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  #21  
Old 07-21-2019, 8:15 AM
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I love seeing 10+ round mags being used. That way I'm ignored using my 10 rounders.
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Old 07-21-2019, 8:19 AM
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I use my 10+ rounders. I didn't spend all that money during freedom week just to look at them.
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Old 07-21-2019, 8:52 AM
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Quote:
Originally Posted by NorCalBusa View Post
All my cop buddies quickly concluded (after Freedom week) that the law became virtually unenforceable- as it would take vast resources (time) to prove a case. They've moved on to other things.
They should have moved on to other things 26 years ago.
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Old 07-21-2019, 9:17 AM
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My LEO friends have more important things to do. They view these laws as a tool to use if needed, when needed. Not used to harass the general shooting with.
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Old 07-21-2019, 11:46 AM
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My LEO friends have more important things to do. They view these laws as a tool to use if needed, when needed. Not used to harass the general shooting with.
This. Obviously I cannot speak for every CA peace officer but I can assure you my partners and I have much bigger fish to fry. And as I am now a field training officer, I can assure you my trainees will find better things to do. They only time I’ve ever seen this law enforced by myself or partners was when it was a dirtbag gangster who had no business have a gun at all. Whether it was used in a crime or they were a convicted felon. I haven’t looked at the law in a while but I’m pretty sure the first offense is an infraction. I have yet to see anyone be arrested or charged with misd nuisance laws.
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Old 07-21-2019, 1:10 PM
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Quote:
Originally Posted by Nvberinger View Post
Cops would better serve the public assisting ICE depoting illegals than chasing mags.
Cops don't chase mags. DOJ might, but the police are after bigger issues.
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Old 07-21-2019, 2:42 PM
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Originally Posted by Mayor McRifle View Post
Exactly. NO ONE CARES. The only people who seem to care are people here on Calguns who don’t actually shoot much.

True Words !
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Old 07-21-2019, 3:01 PM
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I don’t hassle people anymore. But when I was assigned to the task force that drives to Nevada gun shows I hassled people all of the time. Same for when I was on the super undercover task force that strictly went to gun ranges to check for bullet buttons and hi cap mags.
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Old 07-21-2019, 3:15 PM
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Same for when I was on the super undercover task force that strictly went to gun ranges to check for bullet buttons and hi cap mags.
Dude, you broke the first rule of the super undercover task force. Not cool...
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Old 07-21-2019, 3:15 PM
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I confidently believe that most of the LE in my area didn't care about standard capacity magazines BEFORE freedom week...

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Originally Posted by SarcoBlaster View Post
Dude, you broke the first rule of the super undercover task force. Not cool...
First rule of super undercover task force: Always, no wait... Never bring... no wait, damn was it... can’t ever remember the rules because no one ever wants to talk about it... OH DAMN DONT TALK ABOUT SUPER TASK FORCE UNDER oh never mind!
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Old 07-21-2019, 3:31 PM
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Originally Posted by Citadelgrad87 View Post
I've owned and used lcms for 20+ years.

Never had an issue.

Exactly this. Never given it any thought at all.
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Old 07-21-2019, 3:46 PM
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Originally Posted by CinnamonBear723 View Post
This. Obviously I cannot speak for every CA peace officer but I can assure you my partners and I have much bigger fish to fry. And as I am now a field training officer, I can assure you my trainees will find better things to do. They only time I’ve ever seen this law enforced by myself or partners was when it was a dirtbag gangster who had no business have a gun at all. Whether it was used in a crime or they were a convicted felon. I haven’t looked at the law in a while but I’m pretty sure the first offense is an infraction. I have yet to see anyone be arrested or charged with misd nuisance laws.
It's not LEO's like you that are the problem.

It is the "diversity hires" who have no business in law enforcement in the first place, retarded PC policies forced on departments by leftist morons with ZERO police experience, political hacks masquerading as police chiefs, ZERO respect for the rule of law from elected officials, and on and on...

....I'm preaching to the choir probably...
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Old 07-21-2019, 7:45 PM
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From 1/1/2000 to 2016 when I finally moved out of CA, never bothered by Rangers, BLM or police and sheriffs officers.
This was at county ranger, national forests or BLM land with more than a few interactions with leos. Nobody hassled me over magazines or AWs for that matter.
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Old 07-21-2019, 8:13 PM
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Has anyone been hassled by LE about 10+ capacity mags?

Not me!
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Old 07-21-2019, 8:27 PM
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Last week I was at the range with my 30 round AR mags as well as a 30 round mag hanging out the bottom of one of my Beretta 92s. Not a peep from anyone.
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Old 07-21-2019, 9:30 PM
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Quote:
Originally Posted by BrassCase View Post
My LEO friends have more important things to do. They view these laws as a tool to use if needed, when needed. Not used to harass the general shooting with.
Yes.
This fits right in with my belief that the game is to make everyone criminals then they can choose who they want to charge/destroy.
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Old 07-21-2019, 9:35 PM
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Why would you be hassled in the first place? Leo doesn't just randomly search people in hopes to find high-capacity magazines. where do you plan on using them? Or do you even plan on using them at all? Seems that if you're this concerned about having contact with a LEO, perhaps you should just stick to a 10-round magazine and alleviate all worries.
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Old 07-22-2019, 6:58 AM
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The laws for possession of "large cap" mags has always been unenforceable due to an injunction, even before Freedom Week. The stay made it totally unenforceable.

So the only time you'd be hassled is if the cop was unaware of those things. But getting hassled only for mags? I doubt it.
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Old 07-22-2019, 7:36 AM
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Quote:
Originally Posted by Mark49 View Post
This~~~~~

In addition, i keep this printed in all my cars. If asked i'll just hand over this complete verbiage...

Magazine capacity restriction? Yes Yes §32310
Section 32310 of the Penal Code states that any person 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, receives, or assembles any large-capacity magazine from a parts kit is punishable by imprisonment in a county jail not exceeding one year or imprisonment. Thus, the offenses listed can be charged as a felony or a misdemeanor at the discretion of the prosecutor.[21] Large-capacity is defined as being able to hold more than 10 rounds. In November 2016 California voters approved Proposition 63. The referendum outlaws the possession of such magazines, requires background checks for all ammunition sales and mandates the reporting of lost or stolen firearms.[22] Under Proposition 63, mere possession of a large-capacity magazine is punishable as a misdemeanor with a $100 fine or an infraction with a $100 fine. This prohibition applies to magazines acquired prior to January 1, 2000 that were previously considered "grandfathered."[23] Importation, manufacture, lending, assembling a large-capacity magazine from a parts kit, or buying a large-capacity magazine remains chargeable as a felony or a misdemeanor.[24]

On June 29, 2017, a federal judge blocked the enforcement of Proposition 63's ban on the possession of large-capacity magazines, pending the outcome of litigation concerning the ban. Magazines that would have been subject to the Proposition 63 ban are legal for private citizens to keep until the injunction is either lifted and/or the ban is upheld by the courts.[25][26] On March 29, 2019, the entire large-capacity magazine law was blocked permanently by the district court; this includes the ban on possession, in addition to the ban on manufacturing, importing, selling, etc.[11][27] Following a stay request from Attorney General, Judge Benitez allowed the ban on manufacture, import, and sale of large-capacity magazines to be enforced while keeping in place the injunction against the enforcement of the ban on possession of previously legal large-capacity magazines, including all purchases made between the entry of the Court’s injunction on March 29, 2019 and April 5, 2019, 5:00 p.m.[28]
Good luck litigating this with a street cop. Better to just be polite and STFU.
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Old 07-22-2019, 8:23 AM
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Quote:
Originally Posted by Nick Adams View Post
Good luck litigating this with a street cop. Better to just be polite and STFU.
You can still be polite while also stating your side of the matter, which includes the fact that a LEO is interpreting a law versus enforcing one. There's gray areas they have to toe everyday, and being polite about your position on why you feel he/she is wrong could ultimately keep your property in your possession while simultaneously educating the LEO for future magazine interactions.

If your argument fails to win over the LEO, you're back at square one anyway and walking away without your property. At least you tried.

But you better be at the station ASAP to demand your property back.
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