Keith Mack
California has strict gun laws, and the state's large-capacity magazine ban has been a topic of discussion and legal challenges. In 2016, California voters passed Proposition 63, which included a prohibition on possessing large-capacity magazines, defined as those holding more than 10 rounds. While there have been legal challenges to this law, it remains in effect as of 2025. The law includes exemptions for law enforcement officers, who, under certain circumstances, are permitted to possess and transfer large-capacity magazines. This exemption also extends to the military and government officials. The specific circumstances under which law enforcement can possess these magazines are outlined in the state's penal code and through various state agencies.
| Characteristics | Values |
|---|---|
| Proposition 63 | Passed in 2016, generally prohibiting the possession of large capacity magazines starting on July 1, 2017 |
| Large Capacity Magazines | Defined as ammunition-feeding devices that can hold more than 10 rounds |
| Possession by Law Enforcement | Permitted under certain circumstances for sworn peace officers or sworn federal law enforcement officers authorized to carry a firearm in the course of their duties |
| Purchase and Resale | Sworn members of law enforcement agencies are permitted to purchase and resell large capacity magazines |
| Manufacture | Large capacity magazines may be manufactured for law enforcement agencies |
| Use by Law Enforcement | Law enforcement officers may use large capacity magazines in the discharge of their official duties, both on and off-duty |
| Exceptions | Magazines permanently altered to hold 10 rounds or less are exempt from the ban |
| Enforcement | Delayed pending ongoing lawsuits by the NRA's California affiliate |
| Firearm Industry Responsibility Act | Enacted in 2022, may affect the regulation of large-capacity magazines and create processes for private actions against industry members who violate the law |
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What You'll Learn
California's Proposition 63
The main provisions of the law include:
- A ban on the possession of large-capacity magazines (LCMs) that can hold more than 10 rounds of ammunition.
- A requirement for individuals who owned LCMs to either modify them so they could not accept more than 10 rounds, or dispose of them by selling to a licensed dealer, transferring to law enforcement, removing from the state, or destroying them.
- Background checks and authorisation from the California Department of Justice for purchasing ammunition.
- Fines for failing to report lost or stolen guns.
- Procedures for enforcing laws prohibiting firearm possession by certain individuals.
- Participation of the California Department of Justice in the federal National Instant Criminal Background Check System.
Proposition 63 has been challenged in court several times, with some judges declaring it unconstitutional and a violation of the Second Amendment rights of firearm owners. However, other courts have upheld the law, and litigation is ongoing. The law also does not apply to law enforcement officers, who are allowed to possess and transfer LCMs under certain circumstances.
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Penal Code § 32310 PC
While the law prohibits most people from possessing, selling, or manufacturing LCMs, there are some exceptions. For example, law enforcement officers are allowed to possess and transfer LCMs under certain circumstances. LCMs can also be manufactured for government agencies, law enforcement, the military, or for use by agency employees in their official duties. Additionally, they may be purchased or loaned solely for use as a prop in motion pictures, television, or videos.
The law also provides individuals with options to legally dispose of their LCMs. They can sell them to a licensed firearms dealer, transfer them to law enforcement, remove them from the state, or destroy them.
Despite Proposition 63's passage, there has been ongoing legal pushback. In 2022, a federal district judge in California held that the state's ban on LCMs was unconstitutional and violated the Second Amendment. However, as of 2025, Penal Code § 32310 PC remains in effect, and the Ninth Circuit is still considering the issue.
In addition to Penal Code § 32310 PC, California has also enacted other laws to regulate large-capacity magazines and magazine conversion kits. For example, the Firearm Industry Responsibility Act of 2022 may create processes for private actions against industry members who violate the law.
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California's Firearm Industry Responsibility Act
The Act establishes a firearm industry standard of conduct, outlining specific obligations and prohibitions that firearm industry members must adhere to when engaged in the sale, manufacture, distribution, marketing, or other commercial activities related to firearms, ammunition, firearm parts, and other firearm-related products. This includes compliance with consumer protection, fair business practices, and false advertising laws, with violations deemed unlawful if related to the sale or marketing of firearm-related products.
The Firearm Industry Responsibility Act also empowers victims and designated public officials to take legal action and file civil lawsuits against the firearm industry for violations of the firearm industry standard of conduct. This provision ensures that those harmed by violations of the law can seek justice and fair remedies in court.
Additionally, the Act may affect the regulation of large-capacity magazines and magazine conversion kits. Under California law, large-capacity magazines (LCMs) are ammunition-feeding devices that can hold more than 10 rounds. While the possession, transfer, sale, or manufacture of LCMs is generally prohibited, there are exceptions for law enforcement officers, who may possess and transfer LCMs under specific circumstances.
The Firearm Industry Responsibility Act is part of California's efforts to strengthen gun control measures and promote public safety. By holding the firearm industry to a clear standard of conduct and enabling legal recourse for victims of wrongful conduct, the Act seeks to reduce gun-related harm and protect Californians.
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California's Senate Bill 1446
In California, large-capacity magazines (LCMs) are defined as ammunition-feeding devices that can hold more than 10 rounds. Penal Code § 32310 PC prohibits the possession, transfer, sale, or manufacture of LCMs. However, there are exceptions to this ban, including for law enforcement officers who may possess and transfer LCMs under specific circumstances.
California Senate Bill 1446, introduced in February 2024 and signed into law in August 2024, addresses the use of self-service checkout technology in grocery retail stores and retail drug establishments. The bill prohibits these businesses from providing self-service checkout options unless certain conditions are met. Specifically, the bill mandates that there should be no more than two self-service checkout stations monitored by a single employee, and that employee should be relieved of all other duties.
The bill also requires businesses intending to implement consequential workplace technology to notify their employees, collective bargaining representatives, and the public in advance. This notification should include a general description of the technology and its intended purpose. Additionally, businesses offering self-service checkout must include it in their analysis of potential work hazards for their injury and illness prevention programs.
Senate Bill 1446 establishes remedies and penalties for violations, including a civil penalty of $100 for each day of non-compliance, with a maximum penalty of $10,000. This bill is part of California's ongoing efforts to regulate the use of large-capacity magazines and enhance gun safety.
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California's law enforcement exemptions
California generally prohibits the possession of large-capacity magazines (LCMs), which are defined as ammunition-feeding devices that can hold more than 10 rounds. The state's ban on LCMs was passed by voters in 2016 as Proposition 63, which came into effect on July 1, 2017.
However, there are exemptions to California's LCM ban for law enforcement officers, who may possess and transfer LCMs under certain circumstances. Specifically, a sworn peace officer or sworn federal law enforcement officer authorized to carry a firearm as part of their duties may possess, borrow, purchase, receive, and import a large-capacity magazine. This exemption also extends to the military or naval forces of California or the United States.
In addition to law enforcement exemptions, California also permits the manufacture of LCMs for any federal, state, or local government agency or the military, or for use by agency employees in the discharge of their official duties, whether on or off duty. LCMs may also be purchased or loaned for use as a motion picture, television, or video prop and may be resold to law enforcement agencies, government agencies, or the military, in accordance with federal regulations.
It is worth noting that while California's LCM ban remains in effect, there have been legal challenges. In 2022, a federal district judge in California held that the ban was unconstitutional and violated the 2nd Amendment, but this decision is currently being reviewed by the Ninth Circuit Court. Additionally, the enforcement of Proposition 63 restrictions has been delayed due to ongoing lawsuits by the NRA's California affiliate.
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Frequently asked questions
In California, a large-capacity magazine is defined as any ammunition-feeding device with the capacity to accept more than 10 rounds.
Yes, under certain circumstances, law enforcement officers are exempt from the restrictions on large-capacity magazines and are allowed to possess and transfer them.
Possessing a large-capacity magazine in California can be charged as a misdemeanor or a felony, with fines of up to $100 per magazine.
