California gun laws are some of the strictest in the country, which means violations are not taken lightly. There have been frequent additions and changes to gun laws in recent years, and keeping track of what the current laws are can be a challenge. The state’s gun magazine laws are one such example.

If you’ve been charged with violating California’s gun magazine or other firearm laws, you will need a dedicated and tough defense attorney. Contact the Law Office of Sheny Gutierrez to schedule a free consultation.

What are California’s Gun Magazine Laws?

California’s laws regarding certain types of firearms are strict. One such regulation involves large-capacity magazines (LCMs), which the state defines as an ammunition-feeding device that holds more than ten rounds of ammunition. LCMs and extended clips are illegal in the state. California does not consider the following to be large-capacity magazines:

  • A .22 caliber ammunition feeding device
  • Tubular magazines contained in lever-action firearms
  • Altered feeding devices that hold less than ten rounds

California Penal Code § 32310 prohibits people from possessing LCMs. The law also prohibits the following actions regarding LCMs:

  • Selling
  • Buying
  • Importing
  • Giving away
  • Manufacturing
  • Transporting

This law does not apply to everyone, but there are limited circumstances in which exceptions are allowed. Law enforcement officers and some military servicemembers may be exempt from this statutory requirement regarding LCMs.

Penalties for Violating the Gun Magazine Law

Violations of Penal Code 32310 are wobblers, meaning they can be charged as misdemeanors or felonies. How the court decides to penalize violations of California’s gun magazine law will depend on the specific case and circumstances involved, but the following penalties may serve as a guide of what to expect:

  • Possessing large-capacity magazines can be charged as an infraction or misdemeanor. Infractions may result in a fine, while misdemeanors can bring up to one year in jail and a fine.
  • Buying, selling, importing, manufacturing, giving away, or transporting an LCM can be charged as a misdemeanor, which may result in up to one year in jail, or a felony, which could lead to up to three years in jail.

Changes in Penal Code 32310

LCMs have been prohibited in California since 2000. When the law first went into effect, anyone who owned large-capacity magazines already could keep them. However, this was changed in 2016 so that no one could possess LCMs. There have been some notable court decisions regarding the state’s ban on LCMs, specifically in 2021 and again in 2023. Most recently, a federal judge ruled that the ban was unconstitutional, but the ban is currently still in place until the U.S. Court of Appeals for the Ninth Circuit can reconsider the issue.

Building a Legal Defense Against LCM Violations

It’s crucial to start building a solid defense if you are facing charges of violations under Penal Code 32310. Your criminal defense attorney may be able to get your charge reduced or dismissed, but they can also create a strong strategy to defend you in court.

Common defensive tactics for charges involving LCM violations are coercion, entrapment, and probable cause.

Did the police use overbearing or abusive measures to coerce a confession from you? If so, the case could be dropped or the court may exclude the confession from evidence. Being pressured into a confession for a crime you didn’t commit does not stand up in court.

When an undercover cop tries to lure you into committing a crime, this is known as entrapment. This is a valid legal defense, but it can be difficult to establish that a cop’s behavior constituted entrapment. An officer may have lured you by harassing you, threatening you, flattering you, or pressuring you.

In California, police officers must have probable cause to arrest you or even detain you. If the cop did not have a reasonable belief that you committed a crime, then your attorney may be able to argue that no probable cause existed. Any evidence gathered after you were improperly detained or arrested can be excluded from the case. When evidence is excluded, there is a chance that the prosecution’s case may become weak, leading to charges being dropped or reduced.

Additional Offenses Relating to Penal Code 32310

Depending on the circumstances of your alleged crime, additional charges may also be brought against you. You could be charged with carrying a concealed or loaded weapon.

California’s concealed weapon law states that it is illegal to carry a concealed firearm, whether loaded or unloaded. This applies to guns carried on your person or stored in your vehicle. Carrying a concealed gun is a misdemeanor charge in California, punishable by up to one year in jail and a maximum fine of $1,000. If there were any aggravating factors, however, this offense can be charged as a felony.

Carrying a loaded weapon is also a separate charge. It is illegal in California to carry a loaded firearm in a vehicle or public place.

California also has laws prohibiting the selling, transporting, and manufacturing of certain assault weapons. Penal Code § 30600 has also been the subject of court cases and recent changes. As of right now, it is illegal to make, sell, import, give away, distribute, or transport assault weapons or BMG rifles. Violations of Penal Code 30600 are felonies punishable by up to eight years in prison.

When you need the experience and knowledge of a criminal defense attorney, contact Sheny Gutierrez to discuss your case and schedule a consultation.