Posted: 11/14/2001 2:03:06 PM EDT
|
If an individual pays for mags from California but they are shipped to another state is this ok? |
|
Found on: [url]http://caag.state.ca.us/firearms/dwcl/dwc.htm[/url] 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, gives or lends, any large-capacity magazine. Looks to me like you can purchase and have shipped to another state. Finding someone willing to do that though might be an issue. I would guess that you would be purchasing the mags as a gift for an out of state friend... |
|
I'm not a lawyer and have never played one on television. Kali law doesn't say a kali citizin can't buy them it says they can't import them into the state. Is it okay to import into Nebraska? Probably but I don't know their laws as well as I know the kali laws. Anyhow, I'd say you're good to go. What happens to the mags after they get to Nebraska is no concern of yours. PS: See my first sentence and take it into consideration when taking this advice... |
|
while i am not in kali, here in the PRNY this could well be an issue eventually. by my understanding, its not the purchaseing individual that matters, it is the destination. so long as you are not shipping to a prohibitive state you are in the clear. what happens after it gets to its destination is beyond yore control, so your liability ends. so if he goes to ne. and takes them back to kali with him, he is the perp, not you. personal oppinion, support yore compatriots behind enemy lines, but doso quietly. if anyone asks you are in the clear. because you didn't sent to kali. hope this helps the_survivalist |
|
Iceman, you miy be on to something there. The law doesn't say you can't export into the state only that you can't import into the state... You'd be exporting and your customer would be importing. So, as someone else said, the buyer is the perp. But then there is always that "offer or expose for sale" thingy... |
|
Quoted: I also always wondered exactly what "offer or exposes for sale" means. Let's say you set up a website somewhere outside "enemy lines" in a "free" state and I look at your website from inside kali, aren't you "offering and/or exposing" the mags for sale? Possibly: If you place a disclaimer such as "Not for sale to California" or even better and broader because you don't have to know the laws anywhere: "Not for sale to restricted areas" then you are not offering or exposing for sale to California because you have specifically stated that they are NOT for sale to their. |
|
zapper:If an individual pays for mags from California but they are shipped to another state is this ok? It's OK. The only problem I can imagine is if you'd end up in front of a judge (especially a PRK judge), & it came to his attention that you were incredibly aware of the final destination. |
|
Quoted: zapper:If an individual pays for mags from California but they are shipped to another state is this ok? It's OK. The only problem I can imagine is if you'd end up in front of a judge (especially a PRK judge), & it came to his attention that you were incredibly aware of the final destination. That would be true IF you really knew where it was going. Just say all you knew was that it was going to a state that legally allowed the mag. The only way they could get you was if you incriminated yourself. |
|
Quoted: I also always wondered exactly what "offer or exposes for sale" means. Let's say you set up a website somewhere outside "enemy lines" in a "free" state and I look at your website from inside kali, aren't you "offering and/or exposing" the mags for sale? You've got it backwards. This prevents PRK residents from advertising or selling hi-cap mags within the PRK. There were a couple of mag companies that had to move out of state due to this. But, for example, it would be illegal for a PRK resident to run an ad in Shotgun News for hi-caps, or post then on eBay, or whatever. This law does NOT apply to non-residents. The only way a PRK resident can legally dispose of hi-cap mags is to sell them to an FFL with a hi-cap mag permit, or to physically take them out of state personally, then dispose of them. -Troy |