High capacity magazine legalities..

[billyjoblack]

First I'll start off by saying yes. I know this has been covered numerous times throughout the years, but unfortunately the search function in this place is not very ille user-friendly anymore... Nor am I able to get on in any consistency... That being said, when did they change the text and add (possession) to the law Regarding magazines That hold more than 10 rounds? I remember it used to read manufacturing, importing, lending and buying and maybe something else but you could still own them or possess them... Or if somebody could shoot me a link that discusses it on here that would be great. Thanks!

[RickD427]

First I'll start off by saying yes. I know this has been covered numerous times throughout the years, but unfortunately the search function in this place is not very ille user-friendly anymore... Nor am I able to get on in any consistency... That being said, when did they change the text and add (possession) to the law Regarding magazines That hold more than 10 rounds? I remember it used to read manufacturing, importing, lending and buying and maybe something else but you could still own them or possess them... Or if somebody could shoot me a link that discusses it on here that would be great. Thanks!

It changed in 2016 as a result of Senate Bill 1446 (2015-2016 Session). That Bill made it illegal to possess large-capacity magazines, and imposed a requirement for owners of existing large-capacity magazines to dispose of them. Please refer to Penal Code section 32310 for the new law. Existing law prohibited the manufacture, purchase, sale, and importation of large-capacity magazines.

The new law is being challenged in the Duncan v Bonta lawsuit, but nothing has yet occurred to change the law. There is a federal court injunction prohibiting enforcement of the possession clause of PC 32310 and also the mandatory disposition clause. That injunction did nothing to make possession legal, it only prevents prosecution. In a practical sense, it's a very minor distinction. But if the injunction is lifted, and the statute remains undisturbed, it would be possible for a prosecutor to file charges for possession that occurred while the injunction was in place, up to the one-year statute of limitations.

[nbk992h]

As always Rick, you provide clear and understandable information that is very helpful in trying to interpret current CA laws regarding firearms and related items. Thank you 😊

[billyjoblack]

Thanks RickD.... It muddies the water for me when I see things like this. Nowhere in there does it say possession but I've seen other codes that clearly say possession is illegal..