Penal Code § 32310 PC - Large-Capacity Magazines in CA (2024)

California Penal Code § 32310 PC prohibits doing the following with large-capacity magazines (LCMs):

  • possessing,
  • selling,
  • purchasing,
  • giving away,
  • importing,
  • transporting, or
  • manufacturing.

LCMs are defined as any ammunition-feeding device that can hold more than 10 rounds.

Penal Code § 32310 PC - Large-Capacity Magazines in CA (1)

PC 32310 violations can be charged as misdemeanors or felonies.

PC 32310 has some limited exceptions, such as for law enforcement and military personnel in certain circ*mstances. A federal judge on September 22, 2023 ruled that banning large-capacity magazines is unconstitutional, though this court ruling is stayed while the 9th Circuit reviews the issue.

The punishment for violating PC 32310 depends on the case:

PC 32310 crime

California penalties

Possessing LCMs Infraction: Up to $100

or

Misdemeanor: Up to $100 and/or up to 1 year in jail

Selling, purchasing, giving away, importing, transporting, or manufacturing LCMs Misdemeanor: Up to 1 year in jail

or

Felony: 16 months, 2 years, or 3 years in jail

Our California criminal defense attorneys will highlight the following in this article:

  • 1. What is the current law regarding high-capacity magazines?
  • 2. What was the court’s reasoning?
  • 3. What is the law under California Penal Code 32310?
    • 3.1 Penal Code 32310 was upheld as constitutional before recent court decision
  • 4. Are there legal defenses to PC 32310 violations?
    • 4.1 Coerced confession
    • 4.2 Entrapment
    • 4.3 No probable Cause
  • 5. Penalties, punishment, sentences
  • 6. Related offenses
    • 6.1 Carrying a concealed weapon – PC 25400
    • 6.2 Carrying a loaded weapon – PC 25850
    • 6.3 Assault weapon crimes – PC 30600
  • Additional reading

Are "large capacity magazines" legal in California? (Penal Code 32310)

1. What is the current law regarding high-capacity magazines?

On September 22, 2023, a federal judge in California held that PC 32310 – the state ban on large-capacity magazines – was unconstitutional. Though the ban will stay in place while the Ninth Circuit considers the issue.

On November 30, 2021, the Ninth Circuit upheld the state ban on large-capacity magazines. However, the United States Supreme Court vacated that opinion and asked the court to reconsider the issue in light of a recent United States Supreme Court ruling regarding firearm rights.1

The magazines in question had been prohibited since 2000. At that time, the law said that those who owned them before are now allowed to keep them. In 2016, this provision was removed, meaning no gun owners could possess a large-capacity magazine.

2. What was the court’s reasoning?

In overturning the ban on LCMs (which is currently stayed), U.S. District Judge Roger Benitez of San Diego argued,

“This case is about a California state law that makes it a crime to keep and bear common firearm magazines typically possessed for lawful purposes. Based on the text, history and tradition of the 2nd Amendment, this law is clearly unconstitutional.”

3. What is the law under California Penal Code 32310?

Under Penal Code 32310(a), it is a crime if you:

manufacture or cause to be manufactured, import into the state, keep for sale, or offer or expose for sale, or give, lend, buy, or receive any large-capacity magazine…

Penal Code 32310(c) goes on to make it a crime to possess a large capacity magazine, regardless of the date it was acquired.2

A “large-capacity magazine” means any ammunition-feeding device with the capacity to hold more than 10 rounds.3

According to California law, any of the following are not large capacity magazines:

  • a feeding device that has been altered so that it cannot hold more than 10 rounds;
  • a .22 caliber tube ammunition feeding device; and,
  • a tubular magazine that is contained in a lever-action firearm.4

Large-capacity magazines were also prohibited under California Penal Code 16590, the State’s statute governing “generally prohibited weapons.”5

Please note that certain people and/or situations are exempt from prosecution with regards to large-capacity magazines. For example, members of law enforcement agencies may sell, transfer, or possess these ammunition holders.6

3.1. Penal Code 32310 was upheld as constitutional before recent decision

PC 32310 is a relatively new law. It arose out of California Senate Bill 1446, which Gov. Brown signed into law in 2016.

Some parties challenged the new law and stated it was unconstitutional in that it violated gun owners’ equal protection rights. The United States District Court for the Eastern District of California, however, recently upheld SB 1446 and PC 32310. The Court ruled that the new law is constitutional and does not violate any rights.7

4. Are there legal defenses to PC 32310 violations?

If you are accused under Penal Code 32310, you can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed. Please note, though, that it is critical to hire an attorney for the best defense.

Three common defenses to PC 32310 accusations are:

  1. Coerced confession;
  2. Entrapment; and/or,
  3. No probable cause.

4.1. Coerced confession

This defense applies to the situation where you were charged under PC 32310 following a confession.

California law states that police may not use overbearing measures to coerce a confession.

If you can show that the police coerced you into a confession, then:

  1. The judge may exclude the confession from evidence; or,
  2. The case could get dropped if you were pressured into confessing to a crime you did not commit.

4.2. Entrapment

In many PC 32310 cases, suspects are often arrested and accused after an undercover officer buys a large capacity magazine from them. Any later charges under Penal Code 32310, though, must get dropped if the officer lured you into committing the crime.

This “luring” is known as entrapment. It applies to overbearing official conduct on the part of police officers, like pressure, harassment, fraud, flattery, or threats. Entrapment is an acceptable legal defense provided that you show you only committed the crime because of the entrapment.

4.3. No probable cause

This line of defense tries to exclude evidence that is being used against you for a PC 32310 violation.

California law says that a police officer must have probable cause to detain or arrest a suspect. “Probable cause” essentially means that there is a reasonable belief that you committed a crime (based on all of the circ*mstances).

If you were stopped or arrested without probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. The exclusion of evidence regarding large capacity magazines could result in the dismissal or reduction of charges.

Penal Code § 32310 PC - Large-Capacity Magazines in CA (2)

A violation of PC 32310 can result in jail time.

5. Penalties, punishment, and sentencing

A violation of Penal Code 32310 is a type of wobbler offense. This means it can be punished as either a California misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by imprisonment in a county jail for up to one year.8

If charged as a felony, the crime is punishable by imprisonment in a county jail for a term of:

  • 16 months;
  • Two years; or,
  • Three years.9

The possession of a large-capacity magazine is a wobblette offense, meaning that it can be punished as either a California infraction or a misdemeanor.

If charged as an infraction, the crime is punishable by a fine not to exceed $100 for each magazine.10

If charged as a misdemeanor, the crime is punishable by:

  • A fine of up to $100 (per magazine); and/or;
  • A sentence of up to one year in county jail.11

6. Related offenses

There are three crimes related to illegal acts with large-capacity magazines. These are:

  1. Carrying a concealed weapon – PC 25400;
  2. Carrying a loaded weapon – PC 25850; and,
  3. Assault weapon crimes – PC 30600

6.1. Carrying a Concealed Weapon – PC 25400

Penal Code 25400 PC, California’s carrying a concealed weapon law, makes it a crime to carry a concealed firearm on your person or in your vehicle.12

This law applies to both loaded and unloaded firearms.

Further, you must know that you are concealing a gun to be guilty under PC 25400.13

Absent aggravating circ*mstances, carrying a concealed firearm is a misdemeanor. If convicted of this misdemeanor, you may be punished with:

  • Up to one year in county jail; and/or,
  • A maximum fine of $1,000.14

A PC 25400 violation can be charged as a felony if certain aggravating circ*mstances are present in a case (for example, you have a prior conviction of a California firearm offense).

6.2. Carrying a Loaded Weapon – PC 25850

California Penal Code 25850 PC makes it a crime to carry a loaded firearm in a vehicle or public place.15

A “public place” is any place that is open to common and general use and is readily accessible by anyone wishing to go there.16

As with the crime of carrying a concealed weapon under PC 25400, most Penal Code 25850 crimes will be charged as misdemeanors. If so, they are punishable by:

  • Up to one year in county jail; and/or,
  • A maximum fine of $1,000.17

However, as with charges under PC 25400, acts of carrying a loaded weapon can be charged as a felony if certain aggravating factors are present in a case.

6.3. Assault Weapon Crimes – PC 30600

Penal Code 30600 PC is California’s law regarding assault weapons and .50 BMG (Browning Machine Gun) rifles. It prohibits:

  • manufacturing,
  • selling,
  • giving away,
  • lending, and/or
  • possessing

assault weapons and BMG rifles, except in very specific circ*mstances.

The penalties for violating PC 30600 will vary from minor infractions to very severe felonies. These are punishable by both a fine and/or a prison term. The specific penalty will vary depending on the specific act you commit and the underlying facts of the case.

On June 4, 2021, a federal judge overturned California’s ban on assault weapons on the grounds that it violates the constitutional right to bear arms under the Second Amendment. But assault weapons remain illegal in California while the state appeals the ruling.18

Additional reading

For more in-depth information, refer to these scholarly articles:

Legal References:

  1. Kevin Rector and Matthew Ormseth, Federal judge again overturns California ban on high-capacity gun magazines, Los Angeles Times (September 22, 2023). Maura Dolan, U.S. appeals court upholds California’s ban on large-capacity firearms magazines, Los Angeles Times (November 30, 2021). See also Duncan v. Becerra, No. 19-55376, D.C. No. 3:17-cv-01017-BEN-JLB (9th Cir, August 14, 2020), affirming Duncan v. Becerra, 366 F. Supp. 3d 1131 (Southern District of California, 2019)(“California Penal Code § 32310 is hereby declared to be unconstitutional in its entirety and shall be enjoined.”); Teri Figueroa, 9th Circuit ends California ban on high-capacity magazines, LA Times (August 14, 2020). New York State Rifle & Pistol Assn., Inc. v. Bruen (2022) 597 U.S. , 142 S. Ct. 2111, 213 L. Ed. 2d 387 (prohibits states from requiring people to show a special need for self defense in order to publicly carry handguns). Duncan v. Bonta (9th Cir. 2022) U.S. App. LEXIS 21320. Nate Raymond, California’s ban on high-capacity gun magazines can remain in effect, court rules, Reuters (October 11, 2023).
  2. California Penal Code 32310(c) PC; see note 1.
  3. California Penal Code 16740 PC; see note 1.
  4. See same.
  5. California Penal Code 16590 PC; see note 1.
  6. California Penal Code 33225 PC.
  7. The court case is Wiese v. Becerra.
  8. California Penal Code 32310(a) PC.
  9. See same.
  10. California Penal Code 32310(c) PC.
  11. See same.
  12. California Penal Code 25400 PC.
  13. See same.
  14. California Penal Code 25400(c)(7).
  15. California Penal Code 25850 PC.
  16. California Jury Instructions – Criminal – CALCJI 16.431.
  17. California Penal Code 25850(c) PC.
  18. California Penal Code 30600 PC; Don Thompson, California’s three-decade-old ban on assault weapons is unconstitutional, federal judge rules, Los Angeles Times (June 4, 2021)(“U.S. District Judge Roger Benitez of San Diego ruled that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court.”)
Penal Code § 32310 PC - Large-Capacity Magazines in CA (2024)

FAQs

Penal Code § 32310 PC - Large-Capacity Magazines in CA? ›

Penal Code 32310 PC – Possession of Large-Capacity Gun Magazines. California Penal Code

California Penal Code
The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
https://en.wikipedia.org › wiki › California_Penal_Code
32310 PC makes it a crime for someone to possess, sell, purchase, give away, import, transport, or manufacture large-capacity gun magazines, described as any ammunition-feeding device that can hold more than ten rounds.

What is the penal code 32310 PC large-capacity magazines? ›

PC 32310 effectively criminalizes two activities: Manufacture/sale of large-capacity magazines: Penal Code 32310(a) PC makes it illegal to manufacture, import into California, offer for sale, lend, or give away a large-capacity magazine. This restriction applies to both individuals and businesses.

Can I own a 30 round magazine in California in 2024? ›

Attorney Michael Mongan, representing Bonta's office, told the panel that California law has no restrictions on the number of magazines someone can legally possess or the amount of ammunition they can have. However, it does limit the capacity of a magazine to 10 rounds, Mongan added.

Can I carry a 15 round magazine in California? ›

Penal Code 32310(c) goes on to make it a crime to possess a large capacity magazine, regardless of the date it was acquired. A “large-capacity magazine” means any ammunition-feeding device with the capacity to hold more than 10 rounds.

Are 30 round magazines grandfathered in California? ›

California law banning gun magazines of more than 10 rounds struck down by federal judge. California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.

What is considered a large capacity magazine? ›

Limiting Magazine Capacity

The federal law defined a “large-capacity ammunition-feeding device” as a magazine, belt, drum, feed strip or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition.

Are high capacity magazines a felony in California? ›

Section 32310 makes it a crime — a felony, misdemeanor, or infraction, depending upon the circ*mstances — to manufacture, cause to be manufactured, import into the state, keep for sale, or offer or expose for sale, or to give, lend, buy, or receive, or simply to possess a “large capacity magazine,” defined as magazines ...

Can I have a loaded magazine in my car in California? ›

Can You Carry a Gun in the Car in California? In California, you can carry a gun locked in a lock box in the trunk of your car, with the magazine stored separately in a different part of the car. If you have a concealed carry permit (CCW), you must inform the police if you have a gun in the car.

What was the decision on the California gun case? ›

March 11 (Reuters) - A California law barring the purchase of more than one gun in a 30-day period was struck down on Monday by a federal judge who said it failed a test for state laws laid out in the 2022 U.S. Supreme Court ruling expanding gun rights.

Is there a 10 year gun ban in California? ›

The California Penal Code S 12021 punishes anyone who "owns, purchases, receives, or has in possession or under custody or control, any firearm" within ten years of a prior conviction for certain misdemeanors. That could certainly include a situation where terroristic threats were involved.

Did California overturn the magazine ban? ›

The ruling prompted a mountain of legal challenges to gun laws across the country, including in California. As a result, California's bans on high-capacity magazines and assault-style weapons were both overturned as unconstitutional in recent months by U.S. District Judge Roger Benitez in San Diego.

Can I buy high-capacity magazines in CA now? ›

With limited exceptions, California law prohibits any person from manufacturing, importing into the state, keeping for sale, offering or exposing for sale, giving, lending, buying, or receiving a large capacity magazine.

How many magazines can you carry with a CCW in California? ›

Pistols, revolvers and other firearms capable of being concealed upon the person. Does California have magazine capacity restrictions for handguns? Yes. No more than 10 rounds.

What is the penal code 32310 PC? ›

PC 32310(c) makes it illegal to possess a large-capacity magazine. This law applies to both individuals and businesses. These exemptions to this law include law enforcement officers, military personnel, and licensed firearm dealers.

Is 30 Round magazine legal in California in 2024? ›

So, as of today (April 25, 2024), the legality of high-capacity magazines in California is up in the air (much like all those bullets you'd be able to fire with a 30-round magazine...but I digress). So Can You Have a 30-Round Magazine in California? The Short Answer is...Maybe? Honestly, it's a legal grey area.

Does Leosa cover magazine capacity? ›

(c) The LEOSA exemption in current law does not apply to magazine capacity. This paragraph would clarify Congressional intent that magazines, like ammunition and the firearm itself, should be exempt from State and local law.

Is it constitutional to ban high-capacity magazines? ›

“Every court in Washington and across the country to consider challenges to a ban on the sale of high-capacity magazines under the U.S. or Washington Constitution has either rejected that challenge or been overruled. This law is constitutional.

Is it illegal to have a loaded magazine in California? ›

There's nothing prohibiting you from carrying ammunition in the same locked container as the firearm, but the gun must not be loaded or attached to the ammunition in any manner.

What is a California compliant magazine? ›

Cordelia Gun Exchange brings you the most affordable and cleanest blocked mags for California compliance. The state ofCaliforniadefines a large capacitymagazineas “any ammunition feeding device with a capacity to accept more than 10 rounds.” Among states with bans, the capacity is 10 to 20 rounds.

Do magazine capacity bans work? ›

The study found that the ban was effective at reducing crimes committed with assault weapons, though less than 2% of gun murders in the U.S. are committed with assault weapons. The ban was not associated with a reduction in firearm homicides or the lethality of gun crimes in general.

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