California Penal Code Section 32310 [1] prohibits any person from manufacturing, importing into the state, keeping for sale, offering or exposing for sale, giving, lending, buying, or receiving any large-capacity magazine. A large-capacity magazine is defined in Penal Code Section 16740 [2] as any ammunition feeding device with the capacity to accept more than 10 rounds.
Legislative History
California first banned the manufacture, sale, and transfer of large-capacity magazines in 2000 under SB 23. However, the original law grandfathered magazines lawfully possessed before the ban. In 2016, voters approved Proposition 63, and the Legislature passed SB 1446, which together eliminated the grandfathering provision and required all persons in California to dispose of, surrender, or remove large-capacity magazines from the state by July 1, 2017.
Duncan v. Bonta
The elimination of the grandfathering provision triggered a legal challenge in Duncan v. Becerra (now Duncan v. Bonta). In March 2019, Judge Roger Benitez of the U.S. District Court for the Southern District of California struck down Section 32310 as unconstitutional, resulting in a brief period known as "Freedom Week" (March 29 to April 5, 2019) during which Californians could legally purchase standard-capacity magazines.
The case then traveled through multiple rounds of appellate proceedings. The Ninth Circuit initially affirmed Judge Benitez's ruling through a panel decision but reversed through an en banc panel. Following the Supreme Court's 2022 decision in NYSRPA v. Bruen, [3] the Court vacated the en banc decision and remanded for reconsideration. On September 22, 2023, Judge Benitez again struck down Section 32310 in its entirety under the Bruen framework. The Ninth Circuit stayed the ruling in October 2023, keeping the ban enforceable during appeal.
On March 20, 2025, the Ninth Circuit issued its en banc opinion, upholding the large-capacity magazine ban in a 7-4 decision. [4] The majority held that LCMs are "optional accessories to firearms" and are not "arms" protected by the Second Amendment. The court also found the ban consistent with historical traditions of regulating dangerous materials, citing Founding-era gunpowder storage laws.
Plaintiffs filed a petition for certiorari to the Supreme Court on August 15, 2025 (Docket No. 25-198). [5] As of March 2026, the Court has distributed the case for conference nine times without granting or denying review. The LCM ban remains enforceable statewide while the cert petition is pending.
Freedom Week Magazines
Magazines lawfully acquired during the March 29 to April 5, 2019 window while Judge Benitez's injunction was in effect are generally considered lawfully possessed. Owners bear the burden of demonstrating that they acquired the magazines during this period. There is no registration requirement, but owners should retain receipts or other documentation of the acquisition date.
Penalties
A violation of Section 32310 is punishable as either an infraction (fine not exceeding $100 for each magazine) or a misdemeanor (imprisonment in county jail for up to one year, a fine not exceeding $100 for each magazine, or both). The statute does not distinguish between first and subsequent violations — prosecution as an infraction or misdemeanor is at the discretion of the charging authority. Manufacturing large-capacity magazines is a wobbler offense under PC 32310(a). As a felony, it is punishable by imprisonment pursuant to subdivision (h) of Penal Code Section 1170. As a misdemeanor, it is punishable by imprisonment in county jail for up to one year.
See also: Duncan v. Bonta: Large-Capacity Magazine Challenge
See also: "Freedom Week" Magazines: What March 29 - April 5, 2019 Changed