(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.
(c)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 July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
(d)Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017 shall, prior to July 1, 2017:
(1)Remove the large-capacity magazine
from the state;
(2)Sell the large-capacity magazine to a licensed firearms dealer; or
(3)Surrender the large-capacity magazine to a law enforcement agency for destruction.
Notes of Decisions
Virginia Duncan v. Xavier Becerra, 970 F.3d 1133 (9th Cir. 2020).
· cites it 33× “2013) The panel held that under the first prong of the test, Cal. Penal Code § 32310 burdened protected conduct.”
Virginia Duncan v. Rob Bonta, 19 F.4th 1087 (9th Cir. 2021).
· cites it 10× “nce by Judge Graber; Concurrence by Judge Berzon; Concurrence by Judge Hurwitz; Dissent by Judge Bumatay; Dissent by Judge VanDyke SUMMARY * Second Amendment The en banc court reversed the district court’s summary judgment and remanded for entry of judgment in favor of Defendant…”
Duncan v. Becerra, 366 F. Supp. 3d 1131 (S.D. Cal. 2019).
· cites it 11× “ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT, DECLARING CALIFORNIA PENAL CODE § 32310 UNCONSTITUTIONAL and ENJOINING ENFORCEMENT HON.”
Virginia Duncan v. Rob Bonta, 133 F.4th 852 (9th Cir. 2025).
· cites it 8× “Later in 2016, California voters approved Proposition 63, which subsumed Senate Bill 1446 and added a provision that imposed a possible criminal penalty for * This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of…”
Duncan v. Becerra, 265 F. Supp. 3d 1106 (S.D. Cal. 2017).
· cites it 4× “, Cal. Pen. Code § 32310 (a) (criminalizing- manufacturing, importing, keeping for sale, offering for sale,-giving, lending, buying or receiving a large capacity magazine while excepting “as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1…”
Virginia Duncan v. Rob Bonta, 83 F.4th 803 (9th Cir. 2023).
· cites it 3× “1 See Cal. Penal Code § 32310 . These magazines refer to “any ammunition feeding device 1 We use the term “large-capacity magazine” for consistency with the majority but note that magazines with the capacity to accept more than ten rounds of 2 with the capacity to accept more…”
Wiese v. Becerra, 306 F. Supp. 3d 1190 (E.D. Cal. 2018).
· cites it 2× “On July 1, 2016, California enacted Senate Bill 1446 ("SB 1446"), which amended California Penal Code § 32310, criminalizing the possession of large capacity magazines as of July 1, 2017, regardless of when the magazines were obtained.”
Wiese v. Becerra, 263 F. Supp. 3d 986 (E.D. Cal. 2017).
· cites it 4× “On July 1, 2016, however, California enacted Senate Bill 1446 (“SB 1446”), which amended California Penal Code § 32310,-criminalizing the possession of large capacity magazines as of July 1,2017, regardless of when the magazines were obtained.”
Fyock v. City of Sunnyvale, 25 F. Supp. 3d 1267 (N.D. Cal. 2014).
“at 13, because a combination of federal and state law has proscribed the sale, purchase, and transfer of magazines having a capacity to accept more than ten rounds since 1994.”
United States v. Trumbull, 114 F.4th 1114 (9th Cir. 2024).
“” At least twelve states restrict or regulate the possession of large capacity magazines, 3 and three of those states define large capacity magazine as Application Note 2 does.”
United States v. Ibanez, 893 F.3d 1218 (10th Cir. 2018).
“Ibanez's sentence unreasonable. As a result, we reject his challenge to the sentence.”
— Cal. Penal Code § 32310(a) — 2 cases
Virginia Duncan v. Rob Bonta, 83 F.4th 803 (9th Cir. 2023).
“1 See Cal. Penal Code § 32310 . These magazines refer to “any ammunition feeding device 1 We use the term “large-capacity magazine” for consistency with the majority but note that magazines with the capacity to accept more than ten rounds of 2 with the capacity to accept more…”
Wiese v. Becerra, 263 F. Supp. 3d 986 (E.D. Cal. 2017).
“On July 1, 2016, however, California enacted Senate Bill 1446 (“SB 1446”), which amended California Penal Code § 32310,-criminalizing the possession of large capacity magazines as of July 1,2017, regardless of when the magazines were obtained.”
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