QUICK ANSWER
California Penal Code Section 32310 prohibits possessing, buying, selling, importing, manufacturing, or transferring large-capacity magazines, defined as devices capable of holding more than 10 rounds of ammunition. Possession is punishable as an infraction ($100 per magazine) or a misdemeanor (up to one year in county jail). The Ninth Circuit Court of Appeals upheld this ban in March 2025 in Duncan v. Bonta, and the law remains fully in effect statewide.

Key Takeaways

  • California defines large-capacity magazines as any device capable of holding more than 10 rounds of ammunition.
  • Simple possession is a “wobblette” offense: an infraction ($100 per magazine) or a misdemeanor with up to one year in county jail.
  • Selling, buying, manufacturing, importing, or transporting LCMs is a “wobbler”: a misdemeanor or felony with up to three years in state prison.
  • In March 2025, the Ninth Circuit Court of Appeals upheld the ban in Duncan v. Bonta (en banc). A U.S. Supreme Court petition remains pending.
  • Defenses include challenging the legality of the search, disputing knowledge of possession, and contesting whether the device qualifies as an LCM.

What Are California’s Large-Capacity Magazine Laws?

California has some of the strictest firearms regulations in the country, and its rules governing large-capacity magazines (LCMs) reflect that standard. Under Penal Code Section 32310, it is unlawful to possess, sell, purchase, give away, import, manufacture, or transport any ammunition-feeding device capable of holding more than 10 rounds. The restrictions apply to all California residents, including those who legally acquired their magazines before the current law took effect.

California first enacted magazine capacity restrictions in 2000, but the law has changed significantly since then. For much of that time, existing owners could keep their magazines under a grandfather clause. A 2016 amendment removed that protection entirely. As of March 2025, following the Ninth Circuit’s en banc ruling in Duncan v. Bonta (133 F.4th 852), the ban is upheld and actively enforced throughout California, including in Orange County, Los Angeles County, and the surrounding Southern California region.

What Counts as a Large-Capacity Magazine in California?

Under California law, a large-capacity magazine is any device that:

  • Can accept more than 10 rounds of ammunition
  • Is used with or designed for a semiautomatic pistol, rifle, or shotgun
  • Is either detachable or fixed to the firearm

Drum magazines, high-capacity pistol magazines, and extended rifle magazines all qualify if they can hold more than 10 rounds. A magazine enlarged or modified to exceed the 10-round limit also falls under the law’s restrictions.

Exceptions to the Large-Capacity Magazine Ban

Despite the broad scope of Penal Code Section 32310, specific exceptions apply:

  • Tubular magazines in lever-action firearms: Exempt because of their mechanical design.
  • Permanently altered magazines: If a magazine has been permanently blocked to hold no more than 10 rounds and cannot be converted back, it is not considered a large-capacity magazine.
  • .22 caliber tube magazines permanently attached to the firearm: A narrow exception specific to this configuration.
  • Law enforcement officers: Active-duty officers may possess LCMs in connection with their official duties.
  • Certain military and federal personnel: Specific federal authorizations create limited exemptions.

If you believe your magazine qualifies for an exemption, this requires careful legal analysis. Do not assume an exemption applies without consulting an attorney. A mistake can lead to criminal charges even when you believe you are acting within the law.

Penalties for Violating Penal Code Section 32310

California applies different penalty levels depending on what specific conduct is involved. The key distinction is between simple possession and more serious conduct such as selling, manufacturing, or importation.

Penalties for Possession of Large-Capacity Magazines

Under Penal Code Section 32310(c), possession of a large-capacity magazine is a “wobblette” offense. The prosecutor can charge it as either an infraction or a misdemeanor:

  • Infraction: A fine of $100 for each magazine in your possession.
  • Misdemeanor: A fine of up to $100 per magazine, plus up to one year in county jail.

The charging decision typically depends on the number of magazines, the circumstances of discovery, your prior criminal record, and the discretion of the prosecuting agency. Even an infraction creates a documented weapons offense with downstream effects on background checks and firearms rights.

Penalties for Selling, Buying, Importing, or Manufacturing

If you are charged with buying, selling, giving away, importing, manufacturing, or transporting large-capacity magazines, the charge is a “wobbler,” meaning it can be filed as either a misdemeanor or a felony:

  • Misdemeanor: Up to one year in county jail.
  • Felony: Up to three years in California state prison.
Conduct Classification Maximum Penalty
Possession of LCMs Wobblette (infraction or misdemeanor) $100 per magazine or up to 1 year in county jail
Buying / Selling / Importing / Manufacturing / Transporting Wobbler (misdemeanor or felony) Up to 3 years in California state prison

Long-Term Consequences of a Conviction

Beyond the immediate penalties, a conviction under Penal Code Section 32310 can have lasting consequences:

  • Loss of firearm rights: A felony conviction typically results in a lifetime prohibition on possessing any firearm under California law.
  • Immigration consequences: For non-citizens, a firearm conviction may trigger deportation or removal proceedings. This can apply to both misdemeanor and felony convictions in certain circumstances.
  • Employment effects: Criminal records showing weapons violations can affect professional licensing, employment background checks, and housing applications.
  • Future sentencing: A prior firearms conviction may affect how courts treat future offenses.

The Legal History of California’s Large-Capacity Magazine Ban

California’s magazine restrictions have been shaped by multiple waves of legislation and court decisions. Here is a timeline of the key milestones:

  • 2000: California prohibits the manufacture, import, sale, and transfer of LCMs. Existing owners may keep their magazines under a grandfather clause.
  • 2016: California eliminates the grandfather clause, banning all possession regardless of acquisition date.
  • March to April 2019 (“Freedom Week”): U.S. District Judge Roger Benitez issues a temporary order blocking enforcement. During this window (March 29 to April 5, 2019), retailers can legally sell LCMs. Thousands of magazines are purchased statewide.
  • 2021: The Ninth Circuit Court of Appeals reviews the case and returns it to the lower court for further proceedings.
  • 2023: U.S. District Judge Benitez again rules the ban unconstitutional, creating temporary uncertainty about statewide enforcement.
  • March 20, 2025: The Ninth Circuit Court of Appeals, sitting en banc, issues Duncan v. Bonta, 133 F.4th 852. The full court reverses the district court and upholds California’s ban as constitutional. This is binding precedent for all federal courts in the Ninth Circuit.
  • April 10, 2025: The Ninth Circuit stays part of its mandate pending U.S. Supreme Court review. This stay temporarily protects individuals who lawfully acquired LCMs during Freedom Week.
  • June 2026: The ban remains fully in effect. The U.S. Supreme Court has not yet acted on the petition for review.

If you acquired magazines during the March 2019 Freedom Week window, contact a California criminal defense attorney for guidance on your current legal status under the April 2025 stay.

Building a Defense Against Penal Code Section 32310 Charges

A charge under Penal Code Section 32310 does not guarantee a conviction. At the Law Office of Sheny Gutierrez, we have defended clients throughout Orange County and Southern California against a wide range of gun charges, including LCM possession, assault weapon violations, and related offenses. Attorney Sheny Gutierrez has more than 15 years of criminal defense experience, serves as a Criminal Defense Attorney for the Mexican Consulate, and offers bilingual representation in English and Spanish. Our firm examines every angle of your case to identify viable defenses.

Challenging the Search or Seizure (Fourth Amendment)

The most common and often most effective defense in LCM cases involves the legality of the search. Police must have a lawful basis to search your person, vehicle, or home. If officers stopped your car without reasonable suspicion, searched your vehicle without valid consent or probable cause, or entered your home without a warrant or a recognized exception, any evidence obtained may be suppressible under the Fourth Amendment.

A successful motion to suppress can eliminate the prosecution’s primary evidence, often leading to reduced charges or outright dismissal. Our office reviews police reports, body camera footage, and dashcam recordings to determine whether your constitutional rights were violated.

Disputing Knowledge of Possession

To convict someone under Penal Code Section 32310, the prosecution must show that the person knowingly possessed the magazine. If the magazine was found in a shared vehicle, a rental property, or an area accessible to multiple people, your attorney can challenge whether you actually knew the magazine was there or intended to possess it. This defense is especially relevant when the magazine was not found on your person.

Challenging Whether the Magazine Qualifies Under the Law

Not every device that resembles a large-capacity magazine meets the legal definition under California law. Your attorney can examine whether the magazine was permanently modified to hold 10 rounds or fewer, whether it falls under a statutory exemption, or whether independent testing confirms it can actually hold more than 10 rounds. Expert testimony may support this defense in appropriate cases.

Entrapment

California law recognizes entrapment as a valid defense when law enforcement or an informant induced you to commit a crime you had no prior intent to commit. In firearms cases, this can apply when undercover officers or informants pressure or repeatedly solicit someone to acquire or possess an illegal magazine. The defense requires showing that the criminal idea originated with law enforcement, not with you.

Entrapment is a high bar to meet, but in the right circumstances, it is a meaningful defense. Your attorney will need evidence of the officer’s or informant’s conduct and must demonstrate that a reasonable, law-abiding person would have responded to the inducement in the same way.

Suppression of Statements Made to Police

If you made statements to officers that were obtained through coercive tactics, threats, or improper interrogation without a proper Miranda warning, those statements may be excludable from evidence. Suppressing incriminating statements can significantly weaken the prosecution’s ability to establish your intent or knowledge of the magazines.

Real-World Scenarios: How These Charges Arise in Southern California

To help illustrate how Penal Code Section 32310 charges develop in practice, here are three scenarios based on common fact patterns our clients encounter in Southern California.

Scenario 1: Traffic Stop in Orange County

During a routine traffic stop in Anaheim, an officer notices a rifle case in the back seat. After obtaining consent to search, the officer finds two 15-round magazines alongside a lawfully registered firearm. You are cited and required to appear in court. The charge is filed as a misdemeanor under Section 32310.

In this situation, your attorney would examine whether the initial stop was lawful, whether your consent to the search was freely and voluntarily given without coercion, and whether the prosecution can establish that you knowingly possessed the magazines. If the case or firearm belongs to another person, a knowledge defense may be viable.

Scenario 2: Warrant-Based Home Search in Santa Ana

Authorities execute a search warrant at your Santa Ana home in connection with a separate investigation. During the search, officers find a locked gun safe containing several 30-round rifle magazines. You are arrested and charged with multiple counts of LCM possession, filed as misdemeanors.

Your attorney would review whether the warrant was validly issued, whether the search was conducted within the authorized scope, and whether the magazines were found in an area covered by the warrant. Evidence found outside the warrant’s scope may be suppressible. The attorney would also evaluate whether any of the magazines qualify for a statutory exemption.

Scenario 3: Freedom Week Magazines and the 2025 Stay

You purchased several large-capacity magazines during the Freedom Week window from March 29 to April 5, 2019, when a federal court order temporarily blocked the ban. You still possess them. Following the April 2025 court stay, these specific magazines are temporarily protected from enforcement pending Supreme Court review. However, this protection is not permanent: if the Supreme Court declines review or rules against the petitioners, enforcement could resume.

If you are in this situation, consult a California firearms attorney now to understand the current status of the stay, what documentation you may need to establish your acquisition date, and what options are available if the stay is eventually lifted.

Related Weapons Charges That Often Accompany LCM Violations

Penal Code Section 32310 charges frequently appear alongside other weapons offenses. The following are the most common related charges we see in Southern California firearms cases.

Carrying a Concealed Weapon (Penal Code Section 25400)

Under Penal Code Section 25400, it is unlawful to carry a concealed firearm on your person or in a vehicle without the proper license. This misdemeanor or felony charge is often filed alongside LCM charges when a handgun with an extended magazine is discovered during a traffic stop or search.

Carrying a Loaded Firearm in Public (Penal Code Section 25850)

Separate from the concealed carry prohibition, Penal Code Section 25850 makes it unlawful to carry a loaded firearm in a public place or a vehicle on a public street. This charge often accompanies LCM charges when both a loaded weapon and an illegal magazine are found during the same incident.

Assault Weapons Violations (Penal Code Section 30600)

Under Penal Code Section 30600, it is a felony to make, distribute, transport, import, sell, or give away assault weapons or .50 BMG rifles. Violations carry up to eight years in a California state prison. These charges arise when a prohibited weapon is found alongside a large-capacity magazine as part of the same incident.

Felon in Possession of a Firearm (Penal Code Section 29800)

If you have a prior felony conviction and are found in possession of any firearm or related accessory, including a large-capacity magazine, Penal Code Section 29800 creates a separate felony offense with serious consequences. If you have a prior record and are now facing a firearms charge, contact our office as soon as possible.

Frequently Asked Questions About California’s Large-Capacity Magazine Laws

Can I keep the magazines I owned before the 2016 ban?

No. The 2016 amendment eliminated the grandfather clause that previously allowed pre-ban owners to keep their magazines. Possession is now unlawful regardless of when the magazine was purchased, with the limited exception for Freedom Week magazines currently protected by the April 2025 court stay.

What happens if I unknowingly possess a large-capacity magazine?

The prosecution must prove you knowingly possessed the magazine. If you were unaware the magazine was in your vehicle, home, or property because it belonged to someone else or was placed there without your knowledge, this lack of knowledge is a potential defense. Whether this argument succeeds depends on the specific facts of your case.

Does the ban apply to both handgun and rifle magazines?

Yes. California’s ban applies to any device capable of holding more than 10 rounds, regardless of the type of firearm it is designed for. This includes pistol magazines, rifle magazines, and drum magazines. The capacity limit is what matters, not the firearm type.

Can a firearms conviction affect my immigration status?

Yes. For non-citizens, a conviction for possessing illegal firearms or accessories can trigger deportation or removal proceedings. Even a misdemeanor conviction can have immigration consequences in certain situations. If you are not a U.S. citizen and are facing a firearms charge, speak with a criminal defense attorney as soon as possible.

What should I do if police find a large-capacity magazine during a search?

Exercise your right to remain silent and request an attorney immediately. Do not attempt to explain the situation, consent to additional searches, or make statements to officers. Contact a criminal defense attorney as soon as possible. Early intervention can make a significant difference in the outcome of your case.

Speak With a Southern California Weapons Defense Attorney

If you or a loved one is facing charges under Penal Code Section 32310 or any related weapons offense, do not wait to seek legal help. A large-capacity magazine charge can carry real consequences: jail time, fines, a criminal record, and lasting effects on your rights and future opportunities.

At the Law Office of Sheny Gutierrez, we represent clients in Santa Ana, Anaheim, Irvine, Garden Grove, Costa Mesa, and throughout Orange County and Southern California. Attorney Sheny Gutierrez has over 15 years of criminal defense experience, serves as Criminal Defense Attorney for the Mexican Consulate, and provides bilingual services in English and Spanish. We are available seven days a week and offer free consultations.

Se habla español. Contact the Law Office of Sheny Gutierrez today for your free consultation. We are here to protect your rights and guide you through every step of the legal process.