PC 16740:
Large-Capacity Magazine Definition

California Penal Code Section 16740^[1] defines "large-capacity magazine" for purposes of California's restrictions on such devices. This definition is central to prosecutions under Penal Code Sections 32310 through 32390, which prohibit the manufacture, importation, sale, and possession of large-capacity magazines.

Statutory Definition

A "large-capacity magazine" is an ammunition feeding device with the capacity to accept more than 10 rounds. Section 16740 excludes devices permanently altered to hold no more than 10 rounds, .22 caliber tube ammunition feeding devices, and tubular magazines contained in lever-action firearms. Section 32310 separately defines manufacturing to include assembling parts into a fully functioning large-capacity magazine.

Scope of the Definition

The definition covers ammunition feeding devices with the capacity to accept more than 10 rounds. Its exclusions cover permanently altered devices, .22 caliber tube ammunition feeding devices, and tubular magazines contained in lever-action firearms.

Tubular Magazine Exception

Section 16740 excludes a .22 caliber tube ammunition feeding device and a tubular magazine contained in a lever-action firearm. These exclusions do not require that the firearm be limited to rimfire cartridges and address the magazine definition rather than the legality of the firearm under other laws.

Readily Convertible Standard

The phrase "readily restored or converted" has been the subject of litigation. Courts have generally held that a magazine that can be modified to exceed 10-round capacity with commonly available tools or components in a short amount of time qualifies under the definition, even if not currently configured to do so.

Relationship to Section 32310

PC 16740 supplies the definition used throughout Division 10 of Title 4 of Part 6 of the Penal Code, which governs large-capacity magazines. Penal Code Section 32310 prohibits manufacturing, importing, selling, giving, or lending large-capacity magazines, subject to statutory exceptions. Its possession prohibition applies regardless of when a magazine was acquired. Section 32405 provides an exception for sworn peace officers and sworn federal law enforcement officers authorized to carry firearms in the course and scope of their duties.