California Large‑Capacity Magazine Laws – Penal Code § 32310

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Key Takeaways:

• California law (Penal Code § 32310) generally makes it illegal to possess, buy, sell, import, or transfer magazines that hold more than 10 rounds, and this ban is fully enforceable after recent court rulings.
• A “large-capacity magazine” is defined as any ammunition-feeding device capable of holding more than 10 rounds, regardless of whether it is attached to a firearm or currently loaded; only permanently modified magazines and certain tubular .22 or lever-action magazines are exempt.
• The law broadly prohibits nearly all interactions with these magazines, including manufacturing, importing from other states, selling, lending, or even simple possession, with each act potentially charged as a separate offense.
• Penalties vary widely: possession may be charged as an infraction or misdemeanor (fines or up to 1 year in jail), while manufacturing, importing, or selling can be charged as felonies with up to 3 years in prison, especially for repeat offenders or related firearm charges.
• There is no longer a grandfather clause. Magazines legally owned before 2017 are now illegal to keep, and only narrow exceptions exist for law enforcement, military, and certain licensed professionals, making compliance critical for most gun owners.

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The information on this page does not constitute legal advice. Consult an attorney for further guidance before using this information.

California generally prohibits large-capacity magazines, which are any ammunition-feeding device holding more than 10 rounds. Under Penal Code § 32310, both possessing and transferring these magazines is restricted, and penalties can range from infractions to felonies depending on how you’re charged. Despite initial resistance, the Ninth Circuit Court of Appeals upheld this ban last March, and the law is now enforceable across the state.

In this guide, we’ll explain what the current law says, how it’s enforced, and what you need to do to stay compliant. If you’ve already been charged under PC 32310, we also outline how a gun crimes defense lawyer can help you address the situation.

Get answers to your legal questions. Speak with a San Diego County criminal defense lawyer about your case > (619) 719-1087

Defining “Large-Capacity Magazine” Under California Law

As we stated above, California law defines a “large-capacity magazine” as any ammunition-feeding device with the capacity to accept more than 10 rounds. This definition applies regardless of whether the magazine is attached to a firearm, loaded, or actually used. A good rule of thumb here is that if the device can physically hold more than 10 rounds, it meets the statutory definition.

The law acknowledges two main exceptions to this definition. 

• Permanent Alterations: A magazine that has been permanently altered so it can’t accept more than 10 rounds is not considered a large-capacity magazine. “Permanently altered” means the modification can’t be reversed without damaging or destroying the magazine. Simply blocking it with a removable pin or limiting the spring doesn’t count: the alteration has to be irreversible.
• Tubular Magazines: The tubular magazines in a .22 caliber rimfire firearm or lever action rifle are also exempt from the definition. This exception exists because many traditional hunting rifles use tubular magazines that hold more than 10 rounds of ammunition. The exemption is narrow, though, and doesn’t extend to detachable box magazines or other feeding devices.

What trips up most gun owners is the assumption that a magazine is legal because it came with the firearm when they bought it. This is wrong. The fact that a 15-round or 17-round magazine was the factory standard for your pistol doesn’t make it legal in California unless an exception applies (more on that below).

Another misconception involves magazines purchased out of state. Some gun owners believe that if they bought a magazine legally in Nevada or Arizona, they can bring it into California without issue. They can’t. The moment you cross the state line with that magazine, you’re violating PC 32310.

Documentation is important here. If you’ve had a magazine permanently modified, keep proof of the work. A receipt from a gunsmith or a written statement describing the modification can help if you’re ever questioned by law enforcement. Without documentation, you’re left trying to prove the magazine is legal after the fact, which puts you in a difficult position.

What Is Prohibited Under Penal Code § 32310?

Penal Code § 32310 casts a wide net. The statute prohibits manufacturing, causing to be manufactured, importing, keeping for sale, offering for sale, giving, lending, buying, receiving, and possessing large-capacity magazines. Each of these acts is a separate violation, and prosecutors can charge you with multiple counts if your conduct falls into more than one category.

• Manufacturing: Manufacturing includes making magazines from scratch or assembling them from parts. If you order a magazine rebuild kit online and put it together in your garage, you’ve manufactured a large-capacity magazine under California law. This applies even if you’re building the magazine for personal use and have no intention of selling it.
• Importing: Importing means bringing a large-capacity magazine into California from another state or country. This is one of the most common violations because gun owners travel to neighboring states where these magazines are legal, buy them, and bring them back. The moment you cross into California with that magazine in your car or luggage, you’ve committed a crime. Law enforcement at border checkpoints and during traffic stops near state lines actively look for this.
• Keeping for Sale, Offering for Sale, and Selling: These prohibitions are self-explanatory, but they catch people who try to operate under the radar. If you list a large-capacity magazine on a private sales forum or sell one to a friend, you’re violating the law. There’s no exception for private sales between individuals, and prosecutors don’t need to prove you made a profit or ran a business.
• Giving and Lending: Giving and lending are also prohibited. If you hand a large-capacity magazine to a friend at the range or lend one to a family member, you’ve violated PC 32310. The law treats these transfers the same way it treats sales, and the penalties are identical.
• Buying and Receiving: Buying and receiving cover the other side of the transaction. If someone sells or gives you a large-capacity magazine in California, you’ve committed a crime by receiving it. This applies even if the seller didn’t tell you the magazine was illegal or if you didn’t know the law. Ignorance isn’t a defense.
• Possession: Possession is the most common charge under PC 32310. If law enforcement finds a large-capacity magazine in your home, car, or on your person, you can be charged with possession. The state doesn’t need to prove you knew the magazine was illegal, only that you knowingly possessed it. 

In 2017, California expanded PC 32310 to include possession and required anyone who owned large-capacity magazines to remove them from the state, sell them to a licensed dealer, or surrender them to law enforcement. Before that, possession wasn’t a crime, and many gun owners legally acquired and kept these magazines. The 2017 amendment changed that, but the law faced immediate legal challenges that prevented full enforcement.

For several years, the status of PC 32310 was uncertain. Court rulings went back and forth, and enforcement was inconsistent. Some gun owners continued to possess magazines they’d owned for years, believing they were protected or that the law would eventually be struck down. Others complied by getting rid of their magazines or moving them out of state.

That uncertainty ended in March 2025 when the Ninth Circuit upheld the law. The appellate court’s decision makes it clear that possession of large-capacity magazines is illegal in California, and the state can now enforce the ban without worrying about conflicting court orders. If you still have these magazines, you’re at risk of criminal charges every day you keep them.

Penalties, Charging Levels, and Enhancements

PC 32310 is a wobbler offense for most conduct. This means prosecutors have discretion to charge those acts as either a misdemeanor or a felony. The decision depends on the circumstances, your criminal history, and how aggressive the district attorney wants to be.

• Felony Charges: If you’re charged with manufacturing, importing, selling, or offering to sell large-capacity magazines, prosecutors can file felony charges. A felony conviction under PC 32310 can result in anywhere from 16 months to three years in state prison. You’ll also face the collateral consequences that come with any felony conviction: loss of gun rights, difficulty finding employment, and a permanent criminal record that follows you for life.
• Misdemeanor Charges: The same wobbler conduct can be charged as a misdemeanor, which carries up to one year in county jail and fines. Prosecutors normally reserve misdemeanor charges for first-time offenders or cases where the violation seems less serious. However, a misdemeanor conviction still creates a criminal record and can affect your ability to own firearms in the future.
• Possession as an Infraction or Misdemeanor: Simple possession of a large-capacity magazine is generally treated as an infraction or misdemeanor. An infraction results in a fine of up to $100 per magazine, with no jail time, while a misdemeanor possession charge can result in up to one year in county jail and fines. 

Here’s what else you need to know:

• Penalties can depend heavily on the situation. If officers find a large-capacity magazine during a routine traffic stop and you have no other criminal history, you might face an infraction or a low-level misdemeanor. But if the magazine is found during a search warrant execution, or if you’re also dealing with other firearms charges, prosecutors will push for harsher penalties.
• Prosecutors routinely stack PC 32310 charges with other firearms offenses. If you’re arrested for carrying a concealed weapon, assault with a firearm, or being a felon in possession of a firearm, and officers find a large-capacity magazine, you’ll face separate charges for each violation. 
• If law enforcement finds three large-capacity magazines in your home, you can be charged with three separate counts of possession. Each magazine is a separate violation, and the penalties can add up quickly. A prosecutor can use this to threaten you with multiple years in jail or multiple fines, even if the underlying conduct is relatively minor.
• If you have prior convictions for firearms offenses or other crimes, prosecutors are more likely to charge PC 32310 as a felony and seek prison time. California has sentencing enhancements for repeat offenders, and a prior record can turn what would otherwise be a misdemeanor into a felony with serious consequences.

The takeaway is that the penalties you could face depend on how the district attorney chooses to file the case. This is why you should call a criminal defense lawyer as soon as you’re arrested. An attorney can negotiate with the prosecutor before formal charges are filed, potentially reducing the penalties, or try to convince them to dismiss the case altogether.

Key Exceptions and Lawful Possession Scenarios

PC 32310 includes exceptions, but they’re narrow and don’t apply to most gun owners. They include:

• Law Enforcement Officers: Active peace officers in California can possess large-capacity magazines for duty use. This includes police officers, sheriff’s deputies, and other sworn law enforcement personnel. Retired officers may also qualify under certain conditions, but the exemption is limited. 
• Federal Officers and Military Personnel: Federal law enforcement agents and active-duty military members stationed in California can possess large-capacity magazines in connection with their official duties. This exception doesn’t extend to veterans or military retirees unless they fall under another exemption. 
• Armored Car Personnel: Licensed armored car guards can possess large-capacity magazines while on duty and transporting valuables. The exemption is limited to the time you’re actually working. Keeping these magazines at home or using them for personal purposes doesn’t fall under the exception.
• Gunsmiths and Licensed Dealers: Licensed gunsmiths and firearms dealers can possess large-capacity magazines for the purpose of servicing firearms or transferring them to exempt individuals. This exception is strictly regulated. You need to maintain records, and possession has to be directly related to your licensed business activities. 
• Certain Manufacturers: Licensed manufacturers who hold the proper federal and state permits can manufacture and possess large-capacity magazines for sale to law enforcement, military, or out-of-state buyers. Again, this exception is tightly controlled and requires documentation.
• Out-of-State Agencies and Film Productions: Some out-of-state law enforcement agencies and film production companies can temporarily bring large-capacity magazines into California under controlled conditions. These exceptions are rare and require advance authorization. If you’re part of a film production, you need to work with legal counsel and the appropriate state agencies to verify compliance.

If you think you qualify for an exception, get legal advice before assuming you’re safe. The exceptions are technical, and misinterpreting them can result in charges. 

Isn’t There a Grandfather Clause?

Not anymore. At one time, California gun owners could legally possess large-capacity magazines they’d acquired years earlier. The 2017 amendment eliminated that protection and required them to remove, sell, or surrender their magazines. 

The recent Duncan v. Bonta decision makes this clear. Even if you legally purchased a large-capacity magazine before July 1, 2017, you can’t keep it now. The law requires you to get rid of it, and there’s no exception for long-time owners. If you’re still holding onto magazines you bought a decade ago, you risk being charged with a crime today.

Are There Any Defenses to the High-Capacity Magazine Law?

If you’ve been charged under PC 32310, you do have defense options, but whether they apply depends on your situation. They include:

• Challenging the Definition: One defense is to argue that the device in question doesn’t meet the legal definition of a large-capacity magazine. If the magazine has been permanently altered to hold 10 rounds or fewer, it’s not illegal under PC 32310. 
• Lack of Knowledge: If you can show that you didn’t know the magazine was in your vehicle, home, or bag, you may have a defense. This comes up in cases where someone else placed the magazine in your property without your knowledge, or where you inherited firearms and accessories from a family member and didn’t realize a large-capacity magazine was included.
• Unlawful Search and Seizure: The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement discovered the magazine during an illegal search, your attorney can file a motion to suppress the evidence. If the court grants the motion, the prosecution can’t use the magazine as evidence, and the case will likely be dismissed.

In some cases, the best approach isn’t to fight the charge but to negotiate a reduction. Because PC 32310 is a wobbler, your attorney can work with the prosecutor to reduce a felony charge to a misdemeanor, or a misdemeanor to an infraction. This limits your exposure and keeps a serious conviction off your record.

Prosecutors may be more willing to negotiate if you’re a first-time offender, if the magazine was the only illegal item found, or if the violation occurred in a way that doesn’t suggest criminal intent. For example, if you were caught with a single magazine during a traffic stop and you have no prior record, the prosecutor may agree to an infraction with a fine rather than pushing for jail time. The sooner you hire an attorney, the more options you have. 

How Rubin Law Office Can Help

If you’ve been charged under PC 32310 or if law enforcement has contacted you about a potential violation, Rubin Law Office can help. David Rubin is a former prosecutor who knows how these cases are built and how to defend against them. He’s handled hundreds of criminal cases i and has the courtroom experience to fight for the best possible outcome in your case.

• Evaluating Your Charge: The first step is to determine if the PC 32310 charge is valid. Not every magazine that looks like it holds more than 10 rounds actually does, and not every possession case meets the legal requirements for a conviction. Rubin Law Office will review the evidence against you, examine the magazine in question, and determine if the prosecution can prove its case.
• Reviewing Search and Seizure Issues: Many PC 32310 cases involve questionable searches. Rubin Law Office will review the police reports, body camera footage, and witness statements to identify any constitutional violations. If the search was illegal, a motion to suppress can be filed, and if the motion is granted, the prosecution’s case is likely over.
• Negotiating With Prosecutors: David Rubin spent years working as a prosecutor before opening his own practice. He knows how district attorneys think, what they’re looking for in a plea deal, and how to negotiate favorable outcomes for clients. That experience is valuable in PC 32310 cases, where prosecutors have discretion to charge the offense as a felony, misdemeanor, or infraction.
• Representing You in San Diego County Courts: Rubin Law Office handles cases throughout San Diego County, including in Vista, El Cajon, Chula Vista, and downtown San Diego. David Rubin knows the judges, the prosecutors, and the court staff in these courthouses, and that familiarity helps when negotiating with the district attorney’s office.

Speak to a San Diego Gun Crimes Lawyer Today

The sooner you contact Rubin Law Office, the better. If you haven’t been formally charged yet, an attorney can intervene and potentially prevent charges from being filed. If you’ve already been arrested, early intervention gives your attorney time to investigate, gather evidence, and build a strong defense before the case goes too far.

If you’ve been charged under PC 32310, or if law enforcement has contacted you about a magazine violation, call Rubin Law Office at (619) 719-1087 or contact us online. The consultation is free, and you’ll have the opportunity to discuss your case, ask questions, and learn about your options. Don’t face these charges on your own: get the legal representation you need to protect your rights and your future.

The information on this page does not constitute legal advice. Consult an attorney for further guidance before using this information.