Large-Capacity Magazines in California – Penal Code 32310 PC

California Penal Code 32310 regulates large-capacity magazines and generally prohibits manufacturing, importing, selling, lending, buying, receiving, or possessing magazines capable of holding more than 10 rounds of ammunition.

The law is part of California's broader effort to regulate firearms and ammunition devices that the state believes could increase the lethality of shootings.

Although the statute has existed for many years, it remains controversial and has been the subject of ongoing legal challenges in federal courts.

Understanding how the law works, what qualifies as a large-capacity magazine, and the potential penalties is essential if you are facing charges under Penal Code 32310.

Your best chance for a favorable outcome is with an experienced California criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

What Is a Large-Capacity Magazine Under California Law?

Under Penal Code 32310, a large-capacity magazine is generally defined as any ammunition-feeding device that can accept more than ten rounds of ammunition.

This definition applies to both detachable and fixed magazines that exceed the ten-round capacity limit.

However, California law specifically excludes certain devices from the definition of a large-capacity magazine, including:

A magazine that has been permanently modified to hold no more than ten rounds
A .22 caliber tube ammunition feeding device
A tubular magazine contained in a lever-action firearm

If a device falls within one of these categories, it is not considered a large-capacity magazine under California law.

What Conduct Is Prohibited Under Penal Code 32310?

Penal Code 32310 prohibits several activities involving large-capacity magazines.

Manufacturing or Assembling

The law prohibits manufacturing large-capacity magazines. Manufacturing includes assembling a fully functioning magazine from separate parts, such as:

The magazine body
The spring
The follower
The floor plate or end plate

Even assembling parts into a working magazine can qualify as manufacturing under the statute.

Selling or Distributing

The statute also makes it illegal to:

Offer large-capacity magazines for sale
Sell or transfer them to another person
Lend or give them away

These restrictions apply to both individuals and businesses.

Importing Into California

Bringing large-capacity magazines into California from another state is also prohibited. This includes purchasing magazines online and having them shipped to California.

Possession

Penal Code 32310 also criminalizes possession of large-capacity magazines within California.

Possession may be:

Actual possession, such as having the magazine on your person
Constructive possession, such as storing it in your home, vehicle, or property you control

Exceptions to the Large-Capacity Magazine Ban

Certain individuals and entities may be exempt from the restrictions imposed by Penal Code 32310.

Common exemptions include:

Law enforcement officers
Military personnel acting within their duties
Licensed firearms dealers
Certain armored vehicle businesses

The applicability of these exemptions depends on the specific circumstances and the individual's professional role.

Legal Challenges to Penal Code 32310

California's large-capacity magazine ban has been challenged multiple times in federal court.

Opponents argue that banning magazines capable of holding more than ten rounds violates Second Amendment rights. Supporters argue that the restriction is a reasonable public safety measure designed to reduce gun violence.

Federal courts have repeatedly reviewed the law, and the issue has been reconsidered in light of recent Supreme Court decisions on firearms regulations. As a result, the legal status of the ban has been the subject of ongoing litigation and evolving court rulings.

Because the law continues to be challenged, court decisions may affect how the statute is applied in the future.

Examples of Violations

Example 1
A licensed gun dealer secretly sells large-capacity magazines to customers who request them privately. The dealer could be charged under Penal Code 32310(a) for offering or selling large-capacity magazines.

Example 2
A person stores firearms and magazines in their home without realizing the magazines exceed the ten-round limit. If prosecutors believe the person knowingly possessed the magazines, charges could be filed. Lack of knowledge may become an issue in the defense.

Related California Firearm Laws

Several other California laws regulate firearms, ammunition, and weapons. Charges involving large-capacity magazines are sometimes filed alongside other firearm-related offenses.

Examples include:

Penal Code 16590 – generally prohibited weapons
Penal Code 30600 – assault weapons manufacturing or sale
Penal Code 30610 – possession of a .50 BMG rifle
Penal Code 33215 – short-barreled rifles or shotguns
Penal Code 29800 – felon in possession of a firearm
Penal Code 30305 – prohibited persons in possession of ammunition
Penal Code 417 – brandishing a weapon
Penal Code 26350 – carrying an unloaed firearm
Penal Code 25850 – carrying a loaded firearm

The presence of additional firearm charges can significantly increase the legal consequences. Negligent discharge of a firearm is a criminal offense under California Penal Code § 246.3.

California Penal Code 16590 lists weapons that are generally prohibited under the law.

Penalties for Violating Penal Code 32310

The penalties for violating Penal Code 32310 depend on the specific conduct involved.

Manufacturing, Selling, or Importing

Violations involving manufacturing, selling, or importing large-capacity magazines are classified as “wobbler” offenses. This means prosecutors may charge the case as either a misdemeanor or a felony.

Misdemeanor penalties may include:

Up to one year in county jail
Monetary fines

Felony penalties may include:

Up to three years in California state prison
Higher fines and additional consequences

Possession of a Large-Capacity Magazine

Possession of a large-capacity magazine may be charged as either:

An infraction, punishable by a fine per magazine
A misdemeanor, punishable by up to one year in county jail and fines

The specific charge often depends on the circumstances and the defendant's criminal history.

Legal Defenses to Penal Code 32310 Charges

If you are charged under Penal Code 32310, several legal defenses may apply depending on the facts of your case.

Illegal Search and Seizure

If police discovered the magazine during an unlawful search or seizure, the evidence may be suppressed under the Fourth Amendment.

If key evidence is excluded, the charges may be reduced or dismissed.

Lack of Knowledge

The prosecution must show that you knowingly possessed the large-capacity magazine. If you were unaware of its existence or believed it was legal, this may form the basis of a defense.

Legal Exemption

If you fall within one of the statutory exemptions, such as law enforcement or a licensed dealer operating within the scope of the law, you may not be subject to prosecution.

Frequently Asked Questions

What qualifies as a large-capacity magazine in California?

Any ammunition-feeding device capable of holding more than ten rounds of ammunition is generally considered a large-capacity magazine.

Is possession always illegal?

Possession is generally prohibited, though the exact penalties depend on how prosecutors file the charge.

Can the charges be reduced?

In some cases, charges may be reduced or dismissed depending on the legality of the search, knowledge of possession, or statutory exemptions.

Can I be charged if I didn't know the magazine capacity?

Knowledge may be an issue in the case. If you genuinely did not know the magazine exceeded the legal capacity, your attorney may raise a lack of knowledge defense.

Speak With a California Criminal Defense Attorney

Charges involving large-capacity magazines can carry significant criminal consequences and may also be connected to other firearm-related offenses.

Because the law continues to face legal challenges and evolving court rulings, defending these cases requires careful analysis of both the facts and current case law.

An experienced California criminal defense attorney can review the circumstances of your case, evaluate potential defenses, and work to protect your rights.

If you are facing firearms charges related to large-capacity magazines under Penal Code 32310, consulting with a knowledgeable defense lawyer is an important step in building a strong defense strategy.

Eisner Gorin LLP is here to help. Schedule your consultation today.

Large-Capacity Magazines