Penal Code 32310 – Large Capacity Magazines

Prohibition on possession and sale: Penal Code 32310 generally prohibits the possession, importation, sale, or transfer of large capacity magazines in California.

Definition of large capacity magazine: The term “large capacity magazine” refers to any ammunition feeding device that has the capacity to accept more than a specified number of rounds. In California, the specified number was 10 rounds. Therefore, any magazine that can hold more than 10 rounds of ammunition would generally be considered a large capacity magazine.

Exceptions: There may be certain exceptions to the prohibition on large capacity magazines. For example, individuals who possessed large capacity magazines prior to a specific date (commonly referred to as “pre-ban magazines”) may be exempt if they were registered with the California Department of Justice. Additionally, certain law enforcement officers and military personnel may be authorized to possess and use large capacity magazines for official purposes.

Penalties: Violating Penal Code 32310 by possessing, importing, selling, or transferring large capacity magazines without proper authorization or exemptions may result in legal consequences and potential charges, which can include imprisonment, fines, and other penalties. A violation of Penal Code 32310 is a type of Wobbler offense. This means it can be punished as either a California Misdemeanor or a Felony. If charged as a Misdemeanor, the crime is punishable by imprisonment in a county jail for up to one year. If charged as a felony, the crime is punishable by imprisonment in a county jail for a term of 16 months, two- three years.