# CA magazine capacity laws



## ian01 (Jan 9, 2007)

I own a remington 597 .22 lr. These guns are notorious for their crappy magazines that bind after about 100 rounds. In my search for any type of aftermarket mag, I ran across a 30 round one online. I have heard of people having large capacity mags for their lil 22's, but in Ca, I always assumed it was a "NO NO". 
Today while in a local gun shop I ran across a 30 round mag for sale for a Ruger 22. Does this mean I can own and use a mag that holds more than 10 rounds for my 22??? Has there been some exemption made for 22's? Any input? I should have asked someone in the shop, but I got side-tracked and now this question is making me anxious:smt023 ---so thanks for any and all help.


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## 2400 (Feb 4, 2006)

Here you go...

http://ag.ca.gov/firearms/


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## Highside (Jan 20, 2007)

*No*

Sorry nothing over 10 rounds. If they were selling somthing high cap in CA it was illegal.

The .22s are exempt from assault rifle laws as rimfire is not included in those restrictions, but the 10 rd limit is not an assault rifle law, it's a general firearm law. Maybe this is where some of the confusion is. Although it allows you the build fun tactical .22s still without commiting a felony :mrgreen:

You'll still see lots of high cap stuff as it is legal to own if you had it before the 2000 ban. It's up to the state to prove you didn't own it before 2K if it's an issue, so it's almost not enforceable unless you weren't 18/21 in 2000, or the gun/magazine didn't exist at the time, or of course if you get caught red handed buying or selling one.

Many shooters stocked up on mags for guns they didn't own yet before the ban so they would have them. Are you sure you didn't? :smt112


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## hipmatt (Mar 11, 2007)

Did they make a hi cap mag for the M&P 9mm or .40 before 2000? The guns were made in 05 or newer from what I hear?


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## dood (Jan 15, 2007)

hipmatt said:


> Did they make a hi cap mag for the M&P 9mm or .40 before 2000? The guns were made in 05 or newer from what I hear?


If you get caught buying a gun with a hi-cap, you're going to be paying a big fine, and getting banned from ever buying a firearm again (and if you're really unlucky, you'll get some nice jail time too). Just a reminder.


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## Hevchev50 (Dec 24, 2006)

I have a Ruger 10/22 made in the mid-seventys and while that sounds awful tempting, I wouldn't touch it with a ten foot pole especially when it's sitting in a storefront gunshop. The owner would be wise to take it outta there in haste.


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## Lucky13 (Sep 1, 2007)

But.....LEOs are exempt from the high capacity law. Actually, for most CA agencies high cap is a requirement, so, you still see a lot of high cap stuff in stores.


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## tabsr (Jul 22, 2007)

*Mag Cap*

I thought is 1 round and none allowed in the chamber.


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## Mister BLASTEE (May 28, 2008)

Highside said:


> Sorry nothing over 10 rounds. If they were selling somthing high cap in CA it was illegal.
> 
> The .22s are exempt from assault rifle laws as rimfire is not included in those restrictions, but the 10 rd limit is not an assault rifle law, it's a general firearm law. Maybe this is where some of the confusion is. Although it allows you the build fun tactical .22s still without commiting a felony :mrgreen:
> 
> ...


So that means it's okay for me to use the 17 round G17 mags I picked up in 99 for my newly acquired G26 right?


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## Mike Barham (Mar 30, 2006)

I will leave it to someone else to decipher California law. I will, however, point out that we do not discuss breaking the law here on the forum - *regardless of a given state's ability or inability to enforce that law* or how stupid we think that law may be.


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## Wyatt (Jan 29, 2008)

Actually the 10 round limit does fall under the assault weapons provisions of the California penal code.

On page 10 of the California Firearms Laws booklet is the following:

*The term "assault weapon" also means any firearm that falls under one of the following definitions
pursuant to Penal Code section 12276.1:*

(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable
magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to
accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and
any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip,
or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that
allows the bearer to fire the weapon without burning his or her hand, except a slide
that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the
pistol grip.
*(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more
than 10 rounds.*
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon,
thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.

Here's the link to the PDF of the booklet: http://ag.ca.gov/firearms/

In the list on the left, click on *"California Firearms Laws Summary Booklet".*

EDIT: I note that the law referred to above pertains to "fixed" magazines. I'm not a lawyer but the magazine in my Beretta (and most pistols) is detachable. As I read the portion of the CDOJ Information Bulletin #FD 99-04 dated 12/9/99 related to large capacity magazines, they pertain to the " manufacture, importation, sale, or transfer of
any large capacity magazine unless to specifically designated parties and under specified
conditions. A violation of this provision is a misdemeanor or a felony. A large capacity
magazine is defined as any ammunition feeding device with the capacity to accept more than
ten rounds but shall not include any .22 caliber tube ammunition feeding device.

Later in that bulletin it states: "This statute does not prohibit the possession of large capacity magazines. It restricts only
their manufacture, importation, sale, lending, or transfer."

NOTE: I'm not a lawyer and am offering no legal advice whatsoever. We are just chatting here. Draw your own conclusions after doing your own research and consulting a qualified attorney.


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## Mister BLASTEE (May 28, 2008)

By the way what are some examples of ".22 caliber tube ammunition feeding device"?


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## Mister BLASTEE (May 28, 2008)

It's so funny how many people have viewed this thread without posting.


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## Wyatt (Jan 29, 2008)

I suppose everyone is curious about what's going on out here in crazy California.


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## unpecador (May 9, 2008)

It must be the catchy title.


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## Mister BLASTEE (May 28, 2008)

So does anyone know what a ".22 caliber tube ammunition feeding device" is?


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## Mike Barham (Mar 30, 2006)

Mister BLASTEE said:


> So does anyone know what a ".22 caliber tube ammunition feeding device" is?


Probably a tubular magazine, as on a Marlin Model 60.


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## wesblake (Mar 23, 2009)

*Clarification*

Looks like I'm a bit late on this question, but I stumbled across it looking for something else and I think I can help clarify.
You will still see 30 round "clips" for .22lr's, e.g. a 10/22. Why?

Let's define something many people don't know. It's why I get a bit irritated when I hear a gangster ask for another "clip" in a show for his pistol. A clip is not a magazine. (I learned this from a friend of mine that was a marine and drilled this fact into me because he got irriated when I used the wrong term)
A "clip" is an ammunition device that when attached is outside the firearm (e.g., a 10/22) where a "magazine" is an ammunition storage device that is inside the firearm when attached (semi-automatic pistols, an AR since at least a portion of it is inside the lower receiver, etc)

If you look closely at the CA law, it excludes clips from the limited ammuntion clause, so you can indeed have a 30 round "clip" in a 10/22, but in an AR it's a no-no.


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## bruce333 (Sep 1, 2006)

If it has a spring and feeds rounds into the chamber of the firearm it is a magazine.

If it is used to load a magazine it is a clip.

[yt]



[/yt]


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