Legal Question in Criminal Law in California

High capacity magazines for Armored Car Gaurds/ mesengers

Is it legal for Armored Car drivers and mesengers, employed by common carriers, to purchase and carry high capacity (able to hold more than 10 rounds) magazines for their hand guns? What is required for this purchase?


Asked on 2/21/01, 9:18 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: High capacity magazines for Armored Car Gaurds/ mesengers

First you're not going to find any high capacity magazines in the gun shops of this state that are being sold legally. There is no way to purchase high capacity magazines legally in the State of California that I'm aware of. However, it may be possible to order them through a gun shop/dealer. But you would have to check with a gun shop owner to see if there is an exception.

When the law went into effect a year ago most of the gun shop owners sent their high capacity magazines to Nevada to be sold in the gun shows over there.

I was told that the police or sheriffs have to turn in their high capacity magazines in some departments when they go off duty and carry 10 shot magazines for their off duty carry. I suspect this has eased up by now.

There is the fact that the high capacity magazines made the under powered and very old nine millimeter popular long past the time it should have died.

The 40 millimeter Smith and Wesson, and the old work horse 45 ACP have become the bullets for serious folks that think that they might someday have to use their guns. Both of these bullets are too large to carry in a magazine with more than ten rounds.

So what I see the police and sheriffs carrying now are lots of magazines for reloads if they are in a department of the court that handles some really bad guys or on the streets in bad areas.

In the real world pistols are self defense weapons, and if you think you're gong to really need it you bring a bigger gun, and not a pistol.

I'm not aware of nor does a cursory look at the Penal Code Section 12020(c)(25) nor the Department of Justices Handbook on gun laws show any exceptions for security or armored car guards.

I'd be reluctant to tell you to go around the law and buy these magazines from a private party that still has their old ones because you could very well be set up in a police sting. Nor would I recommend that you go out of state to buy high capacity magazines to carry lots of under powered bullets. It isn't worth the legal (criminal prosecution) risks involved.

My personal recommendation is to buy a 40 S & W or the old reliable 45 ACP in a 8 to 10 rounds magazine manufactured by a very reputable company like Colt, Ruger, S & W, Glock, Sig Sauer, etc. A tricked up Government Model Colt shooting 45 ACP with 8 round magazines is what the FBI Swat Team carries. And that would make it good enough for me. Then practice with the gun until you've become very good. When someone is shooting at you, it tends to make you nervous. At least it did me. So practicing really helps. Then pray you don't have to go against someone with a rifle or shotgun.

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Answered on 4/04/01, 10:33 am


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