Sacramento PD allegedly refuses to return magazines to owner

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More info would be nice, but _appears_ they were wrongfully seized. The LEO makes the case that since the mags are now in the department's possession they cannot return them, since it is not legal for those who are not members of a special class to acquire the mags under California law. I assume this is in reference to https://leginfo.legislature.ca.gov/face ... awCode=PEN.

"Sac PD refuses to return Legally Owned Magazines to Law-abiding gun owner"

I guess the owner has to apply to get his property returned and pay a fee.
https://oag.ca.gov/firearms/lerinfo
https://oag.ca.gov/sites/all/files/agwe ... olreg.pdf?
https://oag.ca.gov/sites/all/files/agwe ... s/ler.pdf?

Re: Sacramento PD allegedly refuses to return magazines to owner

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It's not illegal to own them or possess them. It's illegal to procure new ones; existing ones were grandfathered in from a certain date, and also there was Freedom Week in 2019. That was the result of a court ruling that invalidated the "high capacity clip" ban, but a week or so later, the court issued a stay to the implementation of that ruling at the request of the CA DOJ. But during that week, it was 100% legal to buy as many standard-capacity magazines as you wanted...and many Californians rightly did so during that week.

So, yes, it is quite legal to possess and own them, within even California law. That police department is wrong and is just acting like a-holes. This should be an ACLU lawsuit, seeking both attorneys' fees, punitive damages, and a misdemeanor theft conviction for the cop(s) wrongly holding these magazines. Remember, the burden of proof is on *them*, the cops, to show that the magazines were somehow not acquired legally. This is just a "civil asset forfeture" bully grab.
"San Francisco Liberal With A Gun"
http://www.sanfranciscoliberalwithagun.com/ (reloading instruction)
http://www.liberalsguncorner.com/ (podcast)
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Re: Sacramento PD allegedly refuses to return magazines to owner

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Can't find a proper link over at CalGuns but I shall forge ahead anyway.

Large Capacity Feeding Devices are indeed currently illegal to possess, transfer, sell, :sarcasm: look at, dream of, or touch yourself with. Possess was added later.

Judge Benetiz's ruling tosses that out but the State appealed so the ruling isn't in effect. Benetiz also said during the appeal process the State cannot prosecute for currently breaking this law.

The potential problem is if Benetiz's decision is reversed then this guy could be in trouble. He's admitted to a crime and the police have the evidence. If he pushes them now, think they will charge him later? The more he pushes, the more they are likely to push back later. If they can.

The counter guy is correct. They have possession, however they got them, they can't transfer them back as that would be an illegal transfer at this point in time.

They are stuck in a gap in the law. It's against the law, but the law can't be enforced. Fun Times! :hbd: :see_stars:

Re: Sacramento PD allegedly refuses to return magazines to owner

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BKinzey wrote: Tue Jun 15, 2021 5:01 pm Can't find a proper link over at CalGuns but I shall forge ahead anyway.

Large Capacity Feeding Devices are indeed currently illegal to possess, transfer, sell, :sarcasm: look at, dream of, or touch yourself with. Possess was added later.
That is not true in all cases. As I mentioned, existing ones before the ban went into effect, or those legally purchased during Freedom Week, are good to go.
BKinzey wrote: Tue Jun 15, 2021 5:01 pm Judge Benetiz's ruling tosses that out but the State appealed so the ruling isn't in effect. Benetiz also said during the appeal process the State cannot prosecute for currently breaking this law.

The potential problem is if Benetiz's decision is reversed then this guy could be in trouble. He's admitted to a crime and the police have the evidence. If he pushes them now, think they will charge him later? The more he pushes, the more they are likely to push back later. If they can.

The counter guy is correct. They have possession, however they got them, they can't transfer them back as that would be an illegal transfer at this point in time.

They are stuck in a gap in the law. It's against the law, but the law can't be enforced. Fun Times! :hbd: :see_stars:
No, it's not a gap in the law. Again, those magazines that were already in California before the original ban, or purchased during "Freedom Week" before the stay due to the appeal, are legal and good to go. Anything *else* outside of that would be illegal in CA, yes, but not those, Kevin TheLyin's and Gavin Newscum's ridiculous bleatings notwithstanding. Naturally, CA officials want to drag this appeal out as long as they possibly can.
"San Francisco Liberal With A Gun"
http://www.sanfranciscoliberalwithagun.com/ (reloading instruction)
http://www.liberalsguncorner.com/ (podcast)
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A true Liberal must back the Second Amendment 100%!

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