Are +10 mags legal in CA now?

[keepitlow]

Lost track of the CA mag saga. Have any of the recent rulings made 10+ mags legal in CA?

A young M.D. I met was moving from PA to CA. We talked about guns. I told him I didn't know if his Beretta M9 was legal or not in CA.

[Jimi Jah]

Walk in to any CA police station with one. See if you are allowed to leave with it?

[p7m8jg]

Its on hold. Being reviewed under the Bruen decision.

Not all cops know that, though.

[9Cal_OC]

Just keep it low

His M9 is legal here (so long there’s no threaded barrel and he doesn’t bring in 10+ mags). For now, he would need to block them if he moves here.

[Djantlive]

Just block it with a wood or plastic stick.

[RickD427]

Technically speaking - They are still illegal.

Practically Speaking - You can conduct yourself as if they were legal. But watch for any surprises in the injunction issued in the Duncan case.

If you walk into a police station with one, or if a LEO catches you in the field with one, you're going to be keeping it. There is a federal court injunction in place against the enforcement of the law. We're only aware of two anecdotal incidents where LCM's were seized by LEOs. Both were under the criminal provisions of PC 32310 and neither case went to trial. I saw a definitive report that the magazines were returned, with apology, in one of the cases, and the context of reporting was that magazines were returned in the other case.

[Quiet]

A young M.D. I met was moving from PA to CA.

It is still illegal (felony) to import large capacity magazines into CA. [PC 32310(a)]


Therefore...

A non-prohibited person moving from PA to CA can not legally bring any large capacity (11+ round) magazines or large capacity magazine parts kits to CA. [PC 32310(a) and 32311(a)]
^Magazines that are permanently altered into 10 round magazines are exempt from this. [PC 16740(a)]



Penal Code 16740
As used in this part, “large-capacity magazine” means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:
(a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
(b) A .22 caliber tube ammunition feeding device.
(c) A tubular magazine that is contained in a lever-action firearm.

Penal Code 32310
(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, 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 is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(b) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine.

Penal Code 32311
(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2014, any person in this state who knowingly 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 conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310.
(b) For purposes of this section, a “large capacity magazine conversion kit” is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine.

[RickD427]

It is still illegal (felony) to import large capacity magazines into CA. [PC 32310(a)]


Therefore...

A non-prohibited person moving from PA to CA can not legally bring any large capacity (11+ round) magazines or large capacity magazine parts kits to CA. [PC 32310(a) and 32311(a)]
^Magazines that are permanently altered into 10 round magazines are exempt from this. [PC 16740(a)]



Penal Code 16740Penal Code 32310Penal Code 32311

Please note that the federal court injunction does not cover the importation of large capacity magazines.

Your friend can bring his Beretta 92 if he is coming to California as a new resident (he's also gotta report it to DOJ), but he's gonna have to permanently block the magazines to 10 round capacity.

[Dvrjon]

We're only aware of two anecdotal incidents where LCM's were seized by LEOs. Both were under the criminal provisions of PC 32310 and neither case went to trial. I saw a definitive report that the magazines were returned, with apology, in one of the cases, and the context of reporting was that magazines were returned in the other case.

That's true, but not concise:

Case 1: Individual had mags confiscated by Ventura County Sheriff. Lawyer contacted VCSO and Captain returned mags with apology. No court appearance. https://www.calguns.net/calgunforum/....php?t=1549937

Case #2: Tulare County DA filed felony charge for possession of LCMs. After numerous court appearances and petitions, individual was found by the court to be "factually innocent". No trial, but tied up in court for a long while. https://www.calguns.net/calgunforum/....php?t=1549937

[Ki6vsm]

If you purchased it during freedom week or obtained it years ago when it was legal to have them, and then they are still legal to possess and use in a 10+ congratulation until the courts over rule the standing

The mags in question have never been in CA, so I believe it'd be considered importation, therefore illegal. "Freedom week" and the mags being legal to buy/own wherever they originated has nothing to do with this situation.