Large-Capacity Magazines - California Penal Code 32310 PC
In California, Penal Code 32310 PC bans possessing, selling, manufacturing, or importing large-capacity magazines. This legislation aims to curb gun violence by limiting access to ammunition devices that hold over ten rounds. Nonetheless, courts regularly assess its constitutionality.
A large-capacity magazine is defined as any ammunition feed device capable of holding more than ten rounds.
However, according to California law, a feeding device is not classified as a large-capacity magazine if it has been modified to hold ten or fewer rounds, if it is a .22 caliber tube feeding device, or if it is a tubular magazine in a lever-action firearm.
Since its enactment in 2000, Penal Code 32310 has encountered multiple legal challenges. In 2021, the U.S. Court of Appeals for the Ninth Circuit confirmed that California's ban on possessing and selling large-capacity magazines is constitutional.
However, the U.S. Supreme Court recently vacated that ruling and instructed the Ninth Circuit to reconsider the law in light of recent Supreme Court decisions on other firearms cases.
What Does PC 32310 Say?
PC 32310 says, "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 gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment…."
(b) For purposes of this section, "manufacturing" includes both fabricating a magazine and assembling a magazine from a combination of parts, including the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine.
(c) any person who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine…."
(d) Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017, shall (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."
Key Components of This Law
PC 32310 broadly criminalizes two activities:
- Under Penal Code 32310(a) PC, it is illegal for both individuals and businesses to manufacture, import into California, offer for sale, lend, or give away large-capacity magazines.
- Possession of large-capacity magazines: Under Penal Code 32310(c) PC, it is illegal for anyone in California to possess a large-capacity magazine.
Legal Definitions of PC 32310
To navigate the complexities of this law, it's crucial to understand the legal definitions of PC 32310:
- Large-Capacity Magazine: A large-capacity magazine is any ammunition feed device that holds more than ten rounds. This includes both detachable and fixed magazines, as well as devices that can be modified to hold over ten rounds. The law explicitly excludes .22 caliber tube-fed devices and tubular magazines in lever-action firearms.
- Importing/Selling: This section of the law pertains to the import, sale, exchange, or production of large-capacity magazines within California. It also covers online sales and shipments to addresses in California.
- Manufacturing: This refers to either creating the magazine from scratch or assembling it using available parts.
- Possession: Possession involves having a large capacity magazine under one's control, either directly or indirectly. This includes keeping the magazine in one's home, vehicle, or on their person.
- Exceptions to the Rule: Certain individuals and entities are exempt from Penal Code 32310 PC, similar to other California firearms laws. These exemptions cover law enforcement officers, military personnel, and licensed firearm dealers.
What Are the Relevant Laws?
California Penal Code 16590 PC generally prohibits certain types of weapons and details several specific types of weapons or ammunition that are typically banned. Additionally, related laws concerning Penal Code 32310 PC, which covers large-capacity magazines, include the following:
- Penal Code 30210 PC - bullets with an explosive agent
- Penal Code 30600 PC - assault weapons
- Penal Code 30610 PC - possession of a .50 BMG rifle
- Penal Code 33215 PC - short-barreled rifles and shotguns
- Penal Code 29800 PC - felon with a firearm
- Penal Code 30305(a)(1) PC - felon with ammunition
- Penal Code 417 PC - brandishing a weapon
- Penal Code 25400 PC - carry a concealed firearm
- Penal Code 25850 PC - carry a loaded firearm
- Penal Code 4502 PC - weapons in penal facility
Under California Penal Code 18710 PC, possessing destructive devices or explosives without legal authorization is illegal.
California Penal Code 18720 PC prohibits possessing materials to make destructive devices or explosives.
What Are the Penalties?
Penalties for violating PC 32310 vary depending on the offense-whether you're accused of manufacturing, selling, or importing large-capacity magazines under PC 32310(a), or just possessing them under PC 32310(c).
Manufacturing or selling violations of PC 32310(a) are classified as "wobbler" offenses, which can be prosecuted as either a misdemeanor or a felony.
- For a misdemeanor: You may be subject to up to one year in county jail and a fine.
- For a felony: You may be sentenced to up to 3 years in prison and required to pay a fine.
Possessing a large-capacity magazine is considered a "wobblette" offense under PC 32310(c), and it may be charged either as an infraction or a misdemeanor.
- For each infraction, you will be fined $100 for every magazine you possess.
- For a misdemeanor: You may be subject to the same fine as an infraction, along with up to one year in county jail.
What are the Defenses Available?
When charged under Penal Code 32310, a skilled California criminal defense attorney will consider all possible legal defenses, as outlined below.
We might argue that an unlawful search and seizure occurred. If the large-capacity magazine was found during an illegal search, the evidence could be considered inadmissible in court. This could lead to the charges being dismissed or reduced.
We might suggest that the issue was a lack of knowledge. The lack of knowledge defense claims that you were unaware of having a large-capacity magazine. To succeed with this defense, your lawyer must prove that you genuinely believed the magazine was legal or that you were unaware it existed.
Maybe we could say you have an exempt status: If the defendant qualifies for one of the legal exemptions in California law, they can claim exemption from prosecution. For example, law enforcement officers or licensed firearm dealers might be exempt from these restrictions.
You can reach out to our law firm to discuss your case details and available legal options by phone or through our contact form. Cron, Israels & Stark is based in Los Angeles, CA.