California Penal Code §32310 — Large Capacity Magazine
PC §32310 prohibits the manufacture, importation, keeping for sale, offering for sale, giving, lending, buying, receiving, or possession of any large-capacity magazine in California. A 'large-capacity magazine' under PC §16740 is any ammunition-feeding device with the capacity to accept more than 10 rounds. Violations are wobblers punishable by up to 1 year in county jail (misdemeanor) or 16 months, 2, or 3 years (felony). Prop 63 (2016) and SB 1446 (2016) closed pre-existing possession grandfather.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Large Capacity Magazine Cases in All LA County Courts
01 — Quick Facts
PC §32310 — Large Capacity Magazine at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §32310 — Large-Capacity Magazine |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (misdemeanor or felony) |
| Misdemeanor Penalty | Up to 1 year county jail |
| Felony Penalty | 16 months, 2, or 3 years county jail |
| Definition | PC §16740 — >10-round capacity ammunition-feeding device (excl. .22 rimfire tube) |
| Ninth Circuit Litigation | Duncan v. Bonta — en banc upheld ban (2024) |
| Federal Parallel | No current federal ban (1994 AWB expired) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §32310?
What Is California Penal Code §32310?
PC §32310 Reads:
"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 who gives, lends, buys, or receives any large-capacity magazine, or possesses any large-capacity magazine, is punishable by imprisonment in a county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170."
— California Penal Code §32310 (paraphrased)
PC §32310 is California's comprehensive large-capacity magazine ('LCM') ban. The statute covers all commercial conduct — manufacture, sale, gift, loan — AND simple possession. The manufacture/sale prohibition dates to 2000; SB 1446 (2016) and Prop 63 (2016) added the possession ban effective July 1, 2017, closing the pre-2000 grandfather. Ninth Circuit litigation in Duncan v. Bonta upheld the ban en banc in 2024 after multiple rounds of appeals.
What Is a 'Large-Capacity Magazine' Under §16740?
PC §16740 defines 'large-capacity magazine' as any ammunition-feeding device with the CAPACITY to accept more than 10 rounds. The test is capacity as manufactured, not how many rounds are actually loaded. Fixed tube magazines integral to .22 rimfire rifles are excluded, as are certain lever-action tube magazines. Modification to a 'permanently altered' 10-round configuration under §32310(c) is technically permitted but heavily scrutinized.
PC §32310(a) — Commercial Conduct
Manufacture, importation, sale, gift, loan, or purchase of an LCM. Wobbler.
PC §32310(c) — Simple Possession
Possession of an LCM effective July 1, 2017 (SB 1446 / Prop 63). Wobbler.
Why Magazine Modification & Capacity Drive §32310 Defense
Two capacity-related defenses dominate: (1) permanent modification to 10-round capacity under §32406 — riveting, welding, or approved conversion — takes the magazine outside §16740; (2) '10-round-capacity' magazines sometimes exceed 10 rounds due to manufacturer tolerance — capacity measurement with test rounds is the primary defense evidence. Rubin Law, P.C. defends by challenging capacity measurement and modification-permanence classification.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §32310
The prosecution must prove each of the following beyond a reasonable doubt.
Defendant Engaged in Prohibited Conduct
Manufacture, importation, sale, offer for sale, gift, loan, purchase, receipt, or possession of an LCM.
The Device Is a 'Large-Capacity Magazine' Under §16740
The device must have capacity to accept more than 10 rounds. Capacity is measured as manufactured, using test-round loading protocols.
Defendant Knew of the Character of the Device
In re Jorge M. mens rea — the prosecution must prove the defendant knew or reasonably should have known the magazine's LCM character.
04 — Penalties
Penalties for PC §32310 Large Capacity Magazine in California
§32310 is a wobbler — misdemeanor or felony at DA discretion. Simple possession cases are usually charged as misdemeanors; commercial or trafficking conduct is usually felony.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §32310 Misdemeanor | PC §32310 | Up to 1 year county jail | Available | No |
| §32310 Felony | PC §32310 | 16 months, 2, or 3 years county jail | Available | No |
| Concurrent §30605 | PC §30605 | Up to 3 years — assault weapon | Available | No |
| Concurrent Firearm Charge | PC §25400 / §25850 | Up to 3 years | Available | No |
| Gang Enhancement | PC §186.22(b) | Adds 2, 3, or 4 years | Rare | Yes |
Enhancements That Increase §32310 Exposure
Multiple Magazines
PC §32310
Large inventories can support felony filing and enhanced sentencing.
Gang Predicate
PC §186.22(b)
Adds 2-4 years and converts to strike when gang-related.
Trafficking Pattern
PC §32310(a)
Sale/transfer conduct elevates prosecution to commercial focus with felony filing.
Concurrent Assault Weapon
PC §30605
LCM + assault weapon frequently charged together — separate wobblers.
Prior Strike
PC §667(e)(1)
Doubles the term under Three Strikes.
Beyond the Sentence
- Magazine forfeiture — no return regardless of value
- PC §29800 lifetime firearm prohibition on felony conviction
- Federal 18 USC §922(g)(1) lifetime prohibition on felony conviction
- Immigration consequences: firearm offense = deportable under 8 USC §1227(a)(2)(C)
- Enhanced-scope firearms surrender under PC §29810
- Loss of concealed-carry weapon (CCW) permit eligibility
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §32310 Large Capacity Magazine Charges
§32310 defenses focus on magazine classification, permanent modification, and mens rea.
Permanent 10-Round Modification
Magazine permanently modified under §32406 — riveting, welding, or approved block — to 10-round capacity. Expert measurement and modification-permanence review.
PC §32406
Actual Capacity ≤ 10 Rounds
Test-round loading demonstrates actual capacity is 10 or fewer. Manufacturer tolerance and design variance defense.
PC §16740
.22 Rimfire / Lever-Action Exception
.22 rimfire fixed-tube and certain lever-action tube magazines fall outside §16740 by statutory exception.
PC §16740
In re Jorge M. Mens Rea
Prosecution must prove knowledge of LCM character. Reliance on FFL representation, 'California-legal' labeling, mixed inventory.
In re Jorge M.
Peace-Officer / Military Exemption
Sworn peace officers, active military, and certain licensed dealers exempt under §32405, §32450, §32455.
PC §32405+
Fourth Amendment Suppression
Warrantless search, overbroad warrant, Rodriguez prolongation. PC §1538.5 motion.
PC §1538.5
Constitutional Sources
07 — Court Process
How PC §32310 Large Capacity Magazine Cases Move Through Los Angeles Courts
§32310 cases follow the wobbler track with capacity/modification litigation.
- 1
Step 1 — Search & Seizure
Cases arise from traffic stops, probation searches, warrant service, and DOJ APPS enforcement.
- 2
Step 2 — DOJ Capacity Analysis
CA DOJ Bureau of Firearms performs test-round loading and modification-permanence inspection.
- 3
Step 3 — Filing Decision
DA reviews wobbler election — misdemeanor for isolated possession, felony for commercial/multi-magazine/gang cases.
- 4
Step 4 — Arraignment
OR release common for misdemeanor filings; $25,000-$100,000 bail for felony filings.
- 5
Step 5 — Motion Practice
PC §1538.5 suppression, §995 dismissal on capacity/classification, mens-rea challenges, expert-witness measurement.
- 6
Step 6 — Resolution
Capacity-defense dismissal, modification-defense dismissal, §17(b) reduction, probation with forfeiture, or trial.
Los Angeles Courts That Handle PC §32310 Large Capacity Magazine Cases
§32310 cases are prosecuted at LA County criminal courthouses.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Large Capacity Magazine Defense Attorney
Daniel S. Rubin has defended clients charged with large capacity magazine and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §32310 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Large Capacity Magazine Cases Throughout LA County
09 — FAQs
PC §32310 Large Capacity Magazine Questions — Los Angeles
What is a 'large-capacity magazine' under California law?
PC §16740 defines LCM as any ammunition-feeding device with the CAPACITY to accept more than 10 rounds. The test is capacity as manufactured — not how many rounds are actually loaded. Fixed .22 rimfire tube magazines and certain lever-action tube magazines are excluded by statutory exception.
Can I permanently modify my magazine to 10 rounds and keep it?
Yes under PC §32406 — permanent modification to 10-round capacity via riveting, welding, or approved block takes the magazine outside §16740. The modification must be PERMANENT (not tool-removable). Documentation via photograph and expert declaration is strongly recommended.
What is the current status of the §32310 ban after Duncan v. Bonta?
Duncan v. Bonta went to the Ninth Circuit multiple times. The en banc Ninth Circuit upheld the ban most recently in 2024, and the Supreme Court declined review. The ban remains in full effect. There is no 'freedom week' or amnesty period currently available; the March 2019 to April 2019 injunction window is closed to new purchases.
What if I owned my magazine before Prop 63?
Pre-2000 grandfather for possession was closed by SB 1446/Prop 63 effective July 1, 2017. All possession is now criminal regardless of acquisition date. The one exception was a March 29-April 5, 2019 'Freedom Week' during the Duncan v. Bonta injunction — magazines purchased during that specific window may have pre-July-2017-possession-analog defenses; this is fact-intensive.
Are peace officers exempt from §32310?
PC §32405 exempts sworn peace officers acting within scope of duties. §32450 and §32455 provide additional exemptions for licensed dealers, manufacturers, and specific authorized entities. The exemption is scope-based — off-duty misuse or personal possession outside authorization can lose the exemption.
What about magazines for lever-action rifles?
PC §16740 excludes tube magazines integral to lever-action firearms and integral tube magazines for .22-caliber rimfire rifles. Modern .22 LR semiautomatic rifles with detachable tube magazines can fall outside the exception — the rifle's action and tube integration matter.
Can I bring my out-of-state LCM through California?
No. Importation into California is expressly prohibited under §32310(a). There is a narrow interstate-travel exemption for continuous through-transportation under federal 18 USC §926A only where state law allows — California does not provide such an exemption. Transit across California with LCMs is §32310 possession.
Is §32310 a strike offense?
No. §32310 is not a strike under PC §667(e)(1) / §1192.7(c). However, felony §32310 convictions trigger PC §29800 lifetime firearm prohibition and federal 18 USC §922(g)(1) lifetime prohibition. §17(b) reduction to misdemeanor is available post-conviction.
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Charged Under PC §32310 Large-Capacity Magazine?
Capacity measurement, modification-permanence, and mens rea drive these cases. Rubin Law, P.C. defends California's most litigated firearm charge. Free consult (213) 723-2337.