Could variations in state laws violate 2nd amendment? Example inside

[Fenixgoon]

I currently am a MD resident. I own a pistol with a 15-round magazine. This magazine is MD-legal (20rd limit) and is also the standard capacity of my pistol.

I will be moving to CA in the next ~2 months. In CA, there is a 10rd magazine capacity limit, so I cannot bring my 15-round magazines into the state with me, lest I become a criminal for having exercised my rights elsewhere:hmm:. So, I will have to find replacement magazines, which do exist, but are far less common.

My question is:

because my current magazines are illegal in CA and I will have to get rid of them, effectively stripping me of the use of my firearm (temporarily anyway), could this be considered to be in violation of the 2nd amendment?

 

[EagleKeeper]

Nothing in CA prevents you from getting a smaller capacity magazine.

I do not agree, but you are not being violated

 

[nehalem256]

Moving to California does not entitle you to continue using your magazines. Imagine if instead you were use special 100rd magazines that were not standard issue, but were legal in whatever state you reside. I think it would be reasonable for a state to ban such magazines.

I would think the real issue is with passing laws that restrict the magazine size below the magazine capacity of standard handguns. Assuming that handguns with 15rd magazines were common at the time the ban went into place I would think that would violate the 2nd Amendment.

 

[NoStateofMind]

Another infringed argument IMO. You can take them to CA but be prepared to defend your rights in the court of law. Or you could do what almost all of us do, including myself on uneducated matters of law, just comply. You certainly don't want to challenge a law unless you have full knowledge and can argue effectively. Not to mention it seems like you have to draw blood to even get into a law library to even research. You decide.

 

[Fenixgoon]

Another infringed argument IMO. You can take them to CA but be prepared to defend your rights in the court of law. Or you could do what almost all of us do, including myself on uneducated matters of law, just comply. You certainly don't want to challenge a law unless you have full knowledge and can argue effectively. Not to mention it seems like you have to draw blood to even get into a law library to even research. You decide.

oh trust me, i'm selling them and buying 10rd, CA-legal mags. not worth the risk.

it just crossed my mind while researching CA gun laws and trying to find 10rd mags.

 

[Doppel]

Given that the 2nd is not explicit on what mag size you are entitled to and that SCOTUS has not addressed the matter this is a simple state law issue; until/unless SCOTUS says a 15 round mag is constitutional it is safer to assume it isn't and that CA's 10 rounds are enough to be consistent with 2nd. Thus you need to abide by the 10 round limit.

 

[monovillage]

Yes, California State law is a violation of your rights and of the 2nd Amendment, it's still the law. Make sure the handguns you are bringing into the State are legally allowed with any size magazine.

25. I am moving into California and I own several handguns. What are the new-resident registration requirements?

You are considered to be a personal handgun importer as defined by California law. You may bring all of your otherwise California-legal firearms with you, but you must report all of your handguns to the DOJ within 60 days as required utilizing the New Resident Handgun Ownership Report, pdf. You are not required to report rifles or shotguns. You may not bring ammunition feeding devices with a capacity greater than ten rounds, machineguns, or assault weapons into California.

(PC sections 12001(n), 12072(f)(2))

 

[Rifter]

Cant you just pin them?

In canada we have 10 round limit for semi auto rifles but tons of my friends have guns like FN FAL's which come stock with 20 round mags or SKS's that take 30 round AK mags and just have them pinned to only be able to load 10 rounds into them, and its perfectly legal.

 

[Lithium381]

The simple fact is you're less free in nanny states like NY and CA. Nothing else about it. Higher taxes, fewer freedoms. Enjoy it while you're here but I'm on the way out.

 

[MooseNSquirrel]

Yeah we're so less free we couldn't possibly have the freedom to create anything of value!