California man arrested and charged for possessing JHPs and standard capacity magazines

[RickD427]

I get a lot of those "gangbanger arrested" Instagram posts local police put out where they brag about the guns they've recovered from search warrants or traffic stops. I have noticed that a lot of the time they list the charge in the description of the post as just PC 32310, but they say "possession of a large capacity magazine", even though there is an injunction prohibiting enforcement of the possession aspect of 32310. I've always wondered if they're charging them under (b) even though they're not supposed to, or if they're just saying possession to simplify it for their posts when they're really charging them for importing/buying under (a). I haven't bothered looking up someone they posted's court records to see what they're actually doing.

Please see the update from Mr. Lactoast above. It looks like the magazine charges were for receiving a Large-Capacity Magazine (PC 32310(a)). The injunction only prevents prosecution for the possession clause of 32310. Prosecutions may still occur for the importing, manufacturing and receiving clauses of 32310.

One issue that frequently pops up is the use of DOJ's Charging Tables. The state's Criminal History system uses very short and abbreviated crime names to describe penal statutes that may contain hundreds of words. That creates a condition where the very short charge title does not actually correspond very well to the statute.

 

[CadeH]

Please see the update from Mr. Lactoast above. It looks like the magazine charges were for receiving a Large-Capacity Magazine (PC 32310(a)). The injunction only prevents prosecution for the possession clause of 32310. Prosecutions may still occur for the importing, manufacturing and receiving clauses of 32310.

One issue that frequently pops up is the use of DOJ's Charging Tables. The state's Criminal History system uses very short and abbreviated crime names to describe penal statutes that may contain hundreds of words. That creates a condition where the very short charge title does not actually correspond very well to the statute.

Thats what I figured is happening, just simplifying things. It looks weird to us because we are pedantic about the differences of (a) and (b), but when it comes to news reporting/the police they get lumped together and referred to more broadly.