General

San Francisco Sues Over Magazine ‘Repair Kits’

San Francisco City Attorney Dennis Herrera has filed suit against three gun-accessory companies and a gun-show promoter for selling disassembled high-capacity magazines in California. Herrera asserts in the suit that the companies are in violation of a 14-year-old state law that prohibits the sale, manufacture, or import of ammunition feeding devices that accept more than 10 rounds.

44Mag.com offers large capacity magazine repair parts kits for sale to California customers. These are sometimes also referred to as rebuild kits. A magazine parts kit includes all of the parts of a magazine but the parts are not assembled into a magazine. The cost of a kit is the cost of a complete magazine plus an additional service charge usually about $1.49. “California DOJ has specifically stated that these kits are legal for sale in California,” 44Mag.com’s website says. Photo courtesy of 44Mag.com.
44Mag.com offers large capacity magazine repair parts kits for sale to California customers. These are sometimes also referred to as rebuild kits. A magazine parts kit includes all of the parts of a magazine but the parts are not assembled into a magazine. The cost of a kit is the cost of a complete magazine plus an additional service charge usually about $1.49. “California DOJ has specifically stated that these kits are legal for sale in California,” 44Mag.com’s website says. Photo courtesy of 44Mag.com.

Herrera’s civil complaint filed in San Francisco Superior Court alleges that three online gun-equipment distributors and one prominent gun-show organizer knowingly aid and abet illegal conduct in the state by marketing “California only” disassembled magazine parts.

The State of California enacted its prohibition on the sale, manufacture, or import of large-capacity magazines in 1999, declaring the devices to be public nuisances.

Online vendors named as defendants in Herrera’s civil action are: Harbor, Ore.-based 44Mag Distributing LLC, which operates www.44mag.com; Dallas, Texas-based Exile Machine, LLC, which operates www.exilemachine.com; and Pitsburg, Ohio-based Copes Distributing, Inc., which operates www.copesdistributing.com.

Herrera also sued Kaysville, Utah-based B & L Productions, Inc., which hosts gun shows throughout California as “Crossroads of the West Gun Show,” including at the Cow Palace in Daly City, Calif.

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Comments (14)

  1. That’s correct, Lochlyn. It’s called “presumption of guilt.” That’s why police must have good reason to arrest or detain you (i.e.) at the scene of a traffic stop. They must smell or see the marijuana in your car, see you commit an illegal act, etc. You can’t be stopped or detained for no good reason, including the possibility that you “might” break the law. If that ever happens to be the case, God help us all; there won’t be enough prisons to hold all of us.

    For what it’s worth, I just purchased an AR-15 in the SF Bay Area. Don’t tell anyone, but included in the sale was a disassembled 20 (or is it 30?) round magazine. I have no plans to use it since it would interfere with my sitting position when I hunt. Frankly, it is apparent that prosecutors must constantly dream up new ways to keep their jobs relevant, even if it means nit-picking the hell out of law-abiding citizens.

    The cops are becoming paranoid, thanks to the news media and anti-gun garbage that has run rampant. I remember being able to carry a shotgun through my childhooe neighborhood (in the 1950s) and duck hunt at the nearby lagoon. No one thought a thing about it.

    A couple of days ago, a 13-year-old kid in Santa Rosa, CA, had six or seven bullets pumped into him for not dropping a plastic replica of an AR-15 soon enough to please the police. I blame it on police hysteria that has been amped up by the news media that loves sensationalism. Stuff like this never happened when I was growing up.

  2. Q9: Can you have enough spare parts to assemble a new hi-cap magazine provided they are unassembled and intended for use as replacement parts?

    A9: Whether the scenario you describe constitutes possession or magazine parts with the intent to manufacture or with the intent to repair a large capacity magazine depends upon the legal opinion of the prosecutor in the jurisdiction where the acts occur. You could be charged with a felony (Penal Code 12280(a)(2)), if a prosecutor believed that you were manufacturing a large capacity magazine.
    ============================================================

    NO ONE – except Almighty God, himself, know what you “intended” to do before you do it.
    You could have a room full of every part required to assemble 10,000 magazines and STILL no one, save God, knows your intent until YOU TELL THEM ….. no more than the “intent” of the prosecutor to molest your daughter with his penis.

    You CANNOT, lawfully, be charged for the “possibility” of doing harm because until you have done harm … you have done no harm and have committed no crime.

  3. This guy is a clear example of why CA must tax everything that exists in order to allow him to have time and money to do nothing better. He should be fired for wasting government funds.

  4. As usual, politicians create their own “crisis” that only they can “solve.” Of course, their crises (plural) have nothing to do with reality until those same politicians say they do. California continues to lead the ignorance parade. I mean….what other state would pass a law (this is no joke!) that makes it legal for trans-gender students to use toilet and shower facilities previously enjoyed only by students of the opposite gender? It seems that our “leaders” in Sacramento have a mandate: to make us taxpayers suffer in any way possible. I’m a native-born Californian, but the urge to move to Arizona is stronger than ever!

  5. Only gays on the bay would even think of banning the PARTS that make up the whole. You Stuuupid Idiiiots!!!

  6. Thank you G-man very informative. I hadn’t seen this information presented this way before. Jim P. – an excellant point!

  7. Dennis Herrera ( probably a member of aclu )bet he even voted for amnesty, Is one of the idiots that does not understand the constitution, or the concept of freedom to work and persue happiness, he in short should be sued for being stupid.

  8. Another thing to mention is don’t let the socialists win the war of words.

    They didn’t ban high capacity magazines. They banned standard or normal capacity magazines.

  9. The law suit has no standing. A document does in fact exist from the State of California Department of Justice, Attorney General’s office which was published November 10, 2005 in response to very specific legal questions regarding pre-ban magazines, parts, and repair issues.

    Based on the content of that document, the Attorney General’s Office stated that anyone that owns a pre-ban magazine has the right to maintain it and may do so by importing 100% of its parts all at once. It appears the burden of proof to establish that a criminal act actually occurred would fall upon the prosecutors of the various jurisdictions.

    Given the established legality to obtain the parts for maintaining these pre-ban magazines, the companies cannot be held liable in a civil suit. Below are the actually questions addressed by the Attorney General’s Office in that document:

    Q1: Can you import newly manufactured parts to repair a legally obtained hi-cap magazine?

    A1: Yes.

    Q2: Are there any restrictions on which parts can and cannot be imported?

    A2: No.

    Q3: Can you import all the parts of a single hi-cap magazine at once, provided they are unassembled?

    A3: Yes.

    Q4: Can a California resident travel to another state, purchase a hi-cap magazine in that state, disassemble it and ship the required replacement parts back to themselves in California?

    A4: Penal Code section 12020(a)(2) makes it illegal to import a large capacity magazine into the state of California. If you traveled to another state in order to import a large capacity magazine, you would be guilty of a felony, even if you disassembled the large capacity magazine before returning to California. If you disassembled the large capacity magazine with the intent to use it only as repair parts, you could lawfully bring the parts into California. In either case, you would test the limits of the law, and be at risk of criminal prosecution.

    Q5: Can you replace the magazine body with one marked “For Law Enforcement Only?”

    A5: While theoretically you could use such a part to repair a lawfully owned large capacity magazine, most dealers would be unlikely to sell you such a magazine body, unless you were a law enforcement officer.

    Q6: Is there any limitation to the number of parts you can replace in a legally obtained hi-cap magazine? (Scenario: if on successive days I replace each individual part of a legally obtained hi-cap magazine, am I guilty of assembling a new hi-cap magazine once the final part is replaced?)

    A6: Whether the scenario you describe constitutes repairing or manufacturing a large capacity magazine depends upon the legal opinion of the prosecutor in the jurisdiction where the acts occur. There are 58 district attorneys in California’s 58 counties. They could elect to prosecute you for a felony (Penal Code
    12280(a)(2)), if they believed that you were manufacturing a large capacity magazine.

    Q7: If the magazine body is replaced with one clearly manufactured after 2000… is there any burden of proof upon a California resident that they did in fact replace a worn/obsolete part and did not illegally purchase/import a new hi-cap magazine?

    A7: A California resident who repairs a large capacity magazine that was owned before January 1, 2000 does not have any “burden of proof” that the magazine was repaired, rather than replaced with a new magazine. However, it would be prudent in such a case to keep records documenting the purchase of the part necessary for the repair in order to demonstrate that the large capacity magazine was repaired, not replaced.

    Q8: Can you use parts designed for a 10-round magazine to repair a legally obtained hi-cap magazine?

    A8: If parts designed for a 10-round magazine are interchangeable with parts of a legally obtained large capacity magazine, there is no legal barrier to using them.

    Q9: Can you have enough spare parts to assemble a new hi-cap magazine provided they are unassembled and intended for use as replacement parts?

    A9: Whether the scenario you describe constitutes possession or magazine parts with the intent to manufacture or with the intent to repair a large capacity magazine depends upon the legal opinion of the prosecutor in the jurisdiction where the acts occur. You could be charged with a felony (Penal Code 12280(a)(2)), if a prosecutor believed that you were manufacturing a large capacity magazine.

  10. Are you kidding me??? At what point do we stop allowing frivolous lawsuits, of any kind, to waste out tax dollars and time??? How is it that we as a people allow this irresponsible action to continue at our expense? Has this alleged officer of the court found that he is unable to be an effective ambulance chaser in other areas of jurisprudence with his, at best, medicare law degree and is looking to make a name for himself?? In looking at the, what many believe to be unconstitutional, California statutes currently in place as law I do not find where it is written that these parts may not be acquired and owned legally within that state. If I’m incorrect I’m sure someone here will inform me of the fact but I’m not seeing it at this time. Given that the “question” has been raised by this alleged lawyer by using the great American catch all of he Law Suit it may be assumed that this person is quite possibly a Socialist Solider in the army of Frau Feinstein and may be responding to some direction from her command structure. Regardless of where this came from it does seem to be yet another attempt at further suppressing the legal population of this state to further the goals of the far left, anti- American, get rid of the Constution and Bill of Rights movement that has further split our country down the middle.
    I am so tired of this continued battering and those who feel that our country must be made LESS to be “more”. What a truly asinine idea! If there is anyone out there who doesn’t see this action as yet another shot being fired in this new American Revolution then you aren’t paying any attention to history. History is about to repeat itself yet again because you didn’t pay attention. One voice, one mans opinion, speak out!

  11. There are a lot of politicians that don’t have the intelligence to contribute positively to their constituents to gain support for re-election. Instead, these particular otherwise unemployable politicians ride the current public and media sympathy wave to lead the sheep down their path thus eventually obtaining re-election. The weak politicians in Arizona use the “racial profiling” agenda to herd their constituent due to the obvious gun control issues won’t fly with the majority of voters here.

  12. In response to the comment above: Jim, the answer to your question is ridiculously easy.

    A ban on normal capacity magazines will NOT stop future shootings, whether the victims number one or twenty one. HOWEVER, it will make Leftist legislators LOOK good and will also make Leftist of all stripes FEEL good.

    The above lesson is titled “Liberalism 101, how feelings dominate Leftist thinking”.

  13. It seems that everyone is out for the average shooter. The law is completely irreverent as to the harm it would bring. Ten rounds, twenty, whatever. They can changed quickly. San Francisco’s city attorney should concentrate on those people that insane. The troubled ones are the ones responsible for most crimes, or, of course, the average criminal. Shooters like me, who target shoot only, are being hurt by higher prices, sparked by unprecedented demand because of government purchases, for which no one can give an explanation. The gun owners of America are being targeted for something we did not do. Go after the nut cases. Track the problem criminals. See if their guns are registered. Just be fair…..do your job as it was meant to be done.

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