Under California law, large-capacity magazines (LCMs) are ammunition-feeding devices that can hold more than 10 rounds. Penal Code § 32310 PC makes it a crime to possess, transfer, sell, or make LCMs, no matter when you acquired them.
There are exceptions to California’s LCM ban. For example, law enforcement officers may possess and transfer LCMs under certain circumstances. Note that LCMs do not include:
- a feeding device that has been altered so that it cannot hold more than 10 rounds, or
- a .22 caliber tube ammunition feeding device, or
- a tubular magazine that is contained in a lever-action firearm.1
Fighting LCM Charges
Here at Shouse Law Group, we have represented literally thousands of people charged with California gun crimes, including those involving large-capacity magazines. In our experience, the following three defenses have proven very effective with prosecutors and judges at getting 32310 PC charges reduced or dismissed.
- The Police Coerced Your Confession. If the police used overbearing measures such as threats to coerce you into confessing, we would ask the judge to exclude the confession as evidence. That could leave the D.A. with too little evidence to convict you.
- The Police Entrapped You. We see cases all the time where police go undercover in order to buy LCMs from suspects. This police trickery crosses the line into entrapment if the police unduly pressured you, and you would not have broken the law but for the police’s pressure. The D.A. should drop the case if we can show you were entrapped.
- The Police Had No Probable Cause. Police must have probable cause to arrest you, which means they must have a reasonable belief that you committed a crime based on all the circumstances. If we can show that the police jumped the gun (pun intended) and took you into custody based on insufficient evidence, the judge may drop the case.
Note that it is not a defense to 32310 PC charges that you never intended to use the LCM.2
32310 PC Penalties
Possessing a large-capacity magazine in California is a wobblette, meaning that the District Attorney can choose to prosecute it as either:
- an infraction carrying up to $100 in fines per magazine; or
- a misdemeanor carrying up to 1 year in jail and/or up to $100 in fines per magazine.
Meanwhile, selling, buying, giving away, importing, transporting, or manufacturing an LCM is a wobbler in California. This means that the D.A. can choose to prosecute it as either:
- a misdemeanor carrying up to 1 year in jail per magazine; or
- a felony carrying 16 months, 2 years, or 3 years in jail per magazine.
When determining which charge to bring under 32310 PC, prosecutors consider the facts of the case and your criminal history.3
A 32310 PC violation can result in jail time.
Constitutional Issues
On September 22, 2023, a federal district judge in California held that the state ban on large-capacity magazines was unconstitutional and violated the 2nd Amendment. The opinion cited a recent U.S. Supreme Court case holding that gun restrictions must be “consistent with this nation’s historical tradition of firearm regulation.”
However, 32310 PC remains law – and the LCM ban holds – while the Ninth Circuit considers the issue.
32310 PC is a relatively new statute. It arose out of California Senate Bill 1446, which then Governor Jerry Brown signed into law in 2016.4
PC 32310 violations can be charged as misdemeanors or felonies.
Related Offenses
Carrying a Concealed Weapon
Penal Code 25400 PC makes it a California crime to knowingly carry a concealed firearm (loaded or unloaded) on your person or in your vehicle.
Absent aggravating circumstances, carrying a concealed firearm is a misdemeanor, carrying:
- Up to 1 year in county jail and/or
- A maximum fine of $1,000.
A 25400 PC violation can be charged as a felony if certain aggravating circumstances are present, such as if you have a prior gun crime conviction.
Carrying a Loaded Weapon
Penal Code 25850 PC makes it a California crime to carry a loaded firearm in a vehicle or public place. A “public place” is any place that is open to common and general use and is readily accessible by anyone wishing to go there.
Most 25850 PC crimes are charged as misdemeanors, carrying:
- Up to 1 year in county jail and/or
- A maximum fine of $1,000.
However, carrying a loaded weapon can be charged as a felony if certain aggravating factors are present.
Assault Weapon Crimes
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 circumstances.
The penalties for violating 30600 PC will vary from minor infractions to very severe felonies. These are punishable by both a fine and/or a prison term 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. However, assault weapons remain illegal in California while the state appeals the ruling.5
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Regulating Assault Weapons and Large-Capacity Magazines for Ammunition – JAMA.
- Why the Civilian Purchase, Use, and Sale of Assault Weapons and Semiautomatic Rifles and Pistols, along with Large Capacity Magazines, Should Be Banned – N.Y.U. Journal of Legislation & Public Policy.
- Constitutional Law – Large-Capacity Magazine Bans and the Second Amendment – University of Arkansas at Little Rock Law Review.
- The Ban on Large-Capacity Magazines – The Toughest Gun Control Law in the Nation.
- Living Heller: Large-Capacity Magazine Bans and the Circuit Courts’ Search for Clarity on Second Amendment Constitutional Scrutiny – Suffolk University Law Review.
Legal References:
- California Penal Code 32310 PC
(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(b) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine.
(c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
(d) Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017 shall, prior to July 1, 2017:
(1) Remove the large-capacity magazine from the state;
(2) Sell the large-capacity magazine to a licensed firearms dealer; or
(3) Surrender the large-capacity magazine to a law enforcement agency for destruction.
As used in this part, “large-capacity magazine” means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:
(a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
(b) A .22 caliber tube ammunition feeding device.
(c) A tubular magazine that is contained in a lever-action firearm.
- See People v. Fannin (2001) 91 Cal.App.4th 1399.
- California Penal Code 32310 PC.
- Nate Raymond, California’s ban on high-capacity gun magazines can remain in effect, court rules, Reuters (October 11, 2023). Duncan v. Bonta (9th Cir., March 20, 2025) No. 23-55805 (California’s law prohibiting large-capacity magazines is constitutional). New York State Rifle & Pistol Association v Bruen (2022) 597 US __.
- Attorney General Bonta: California’s Ban on Assault Weapons Remains in Effect Until Further Notice, California Attorney General Press Release (October 28, 2023).