While the 9th Circuit overturned the law, pending completion of the legal process and the decision of the State to appeal, it is still technically illegal to buy/sell/import large capacity magazines. See this statement from the NSSF for more information. Even with the positive outcome in the Duncan case, sticking a legal large capacity magazine in a rifle may make it into an illegal "assault weapon" regardless of whether or not the magazine itself is legal to posses or not. The decision was vacated in February of 2021 and is going to be reheard.
What's the difference between a magazine and a clip?
Magazines and clips are often confused; while similar in function they are as different things. A magazine is a box type device that attaches to a firearm and has a spring inside to push the cartridges upwards and into the. A clip is a small piece of metal that cartridges are clipped into to hold them for later loading directly into a magazine that is part of the firearm itself. While the term “clip” meaning magazine has become interchangeable, there is a difference and the correct term is magazine. Don’t look foolish by calling a magazine a “clip.”
Magazines and clips are often confused; while similar in function they are as different things. A magazine is a box type device that attaches to a firearm and has a spring inside to push the cartridges upwards and into the. A clip is a small piece of metal that cartridges are clipped into to hold them for later loading directly into a magazine that is part of the firearm itself. While the term “clip” meaning magazine has become interchangeable, there is a difference and the correct term is magazine. Don’t look foolish by calling a magazine a “clip.”
Highlights
10+ round magazines are prohibited in California.
You may not order/buy magazines out of state and have them shipped or bring them home.
Magazines present before 6/29/17 and those bought/imported between 3/29/2019 and 4/5/19 are protected by an injunction.
You may only use large capacity magazines legally in: a featureless semi-auto centerfire rifle, a standard pistol with a detachable magazine, and a registered bullet button assault weapon (RBBAW).
Duncan (Freedom Week) update: while the 9th Circuit overturned the law, pending completion of the legal process and the decision of the State to appeal, it is still technically illegal to buy/sell/import large capacity magazines.
You may not order/buy magazines out of state and have them shipped or bring them home.
Magazines present before 6/29/17 and those bought/imported between 3/29/2019 and 4/5/19 are protected by an injunction.
You may only use large capacity magazines legally in: a featureless semi-auto centerfire rifle, a standard pistol with a detachable magazine, and a registered bullet button assault weapon (RBBAW).
Duncan (Freedom Week) update: while the 9th Circuit overturned the law, pending completion of the legal process and the decision of the State to appeal, it is still technically illegal to buy/sell/import large capacity magazines.
"Large Capacity Magazines" aka "High Capacity Magazines"
Definition of "Large Capacity Magazine"
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.
This includes any box magazine that can accept more than 10 rounds, including drum magazines. This applies to any magazine for any kind of firearm, that is not a .22 or a lever-action rifle; this applies to bolt-action guns as well, although certain weapons may use court-protected magazines.
“Large-capacity magazines” prohibited
32310 prohibits “large-capacity magazines.” The penalty for possessing one is a misdemeanor, punishable by a $100 fine per magazine and/or up to a year in jail.
The first ban took effect January 1, 2000 and allowed owners of large-capacity magazines to keep them. It was illegal to sell them or bring them into California after this date. 2016’s gun bills and Prop 63 removed the grandfathering provisions for people who legally owned large-capacity magazines and required owners, prior to July 1, 2017, to:
The July 1, 2017 provisions were halted by a preliminary injunction.
Lawsuits were filed. Duncan v. Becerra in 2019 created “Freedom Week” that essentially gave amnesty to all pre-2017 owned magazines, amnestied all the large-capacity magazines illegal brought into California before 2019, and created what became a week where it was legal to sell and import large-capacity magazines into California. See Freedom Week below for more info.
“Conversion kits” are also illegal (32311). These are often called “parts kits” and “repair kits.” This is a package with a new set of springs and internal components that replace the insides of a full-capacity magazine blocked to take 10 rounds. Most retailers do not sell these to Californians or at all due to aggressive enforcement.
There are exemptions, but they do not apply to normal people.
32310 prohibits “large-capacity magazines.” The penalty for possessing one is a misdemeanor, punishable by a $100 fine per magazine and/or up to a year in jail.
The first ban took effect January 1, 2000 and allowed owners of large-capacity magazines to keep them. It was illegal to sell them or bring them into California after this date. 2016’s gun bills and Prop 63 removed the grandfathering provisions for people who legally owned large-capacity magazines and required owners, prior to July 1, 2017, to:
- Remove the large-capacity magazine from the state;
- Sell the large-capacity magazine to a licensed firearms dealer; or
- Surrender the large-capacity magazine to a law enforcement agency for destruction.
The July 1, 2017 provisions were halted by a preliminary injunction.
Lawsuits were filed. Duncan v. Becerra in 2019 created “Freedom Week” that essentially gave amnesty to all pre-2017 owned magazines, amnestied all the large-capacity magazines illegal brought into California before 2019, and created what became a week where it was legal to sell and import large-capacity magazines into California. See Freedom Week below for more info.
“Conversion kits” are also illegal (32311). These are often called “parts kits” and “repair kits.” This is a package with a new set of springs and internal components that replace the insides of a full-capacity magazine blocked to take 10 rounds. Most retailers do not sell these to Californians or at all due to aggressive enforcement.
There are exemptions, but they do not apply to normal people.
Freedom Week
While the 9th Circuit overturned the law, pending completion of the legal process and the decision of the State to appeal, it is still technically illegal to buy/sell/import large capacity magazines.
Judge Roger T. Benitez
Freedom Week refers to the week-long period where it was legal to buy, sell, and ship large capacity magazines in California as a result of federal court Judge Benitez’s ruling in Duncan v. Becerra finding the ban unconstitutional. Benitez’s brilliant ruling addresses the misconceptions about the nature of large capacity magazines. Status of the case can be found here.
Freedom week lasted from the afternoon of March 29 to 5 PM on April 5, 2019 (Friday to Friday). During this narrow week in time, it was possible to buy magazines and Internet retailers were shipping to California. Some estimate that nearly the entire retail supply of large capacity magazines in the United States was allocated for Californians during Freedom Week.
Because so many magazines were imported to California, it was infeasible to suddenly turn all these gun owners into criminals overnight after relying on the court’s ruling. The April 4, 2019 stay enjoins (prohibits) 32310(c) & (d) from being enforced. 32310 (a) & (B), making and importing the magazines, remains illegal.
Magazines that were already purchased, but had not shipped or arrived by 5 PM April 5, 2010, are protected by the injunction.
Can I still get some large capacity magazines?
No. Sorry, the window is closed. Sales of large capacity magazines are currently illegal. It is illegal to ship them into California and retailers out-of-state will not do it. You may not legally bring large capacity magazines you bought, were gifted, or owned out-of-state into California now.
What specifically is allowed by the courts?
The stay’s injunction allows you to possess any magazines “manufactured, imported, sold, or bought” between March 29 and 5 PM April 5, 2019. Again, you may not buy magazines out of state and bring them back to California.
Note that the April 2019 order does not allow you to possess magazines owned prior to this date, whether you obtained them before 2000 or illegally after 2000. Pre-Freedom Week magazines are protected by a June 29, 2017 injunction. Anything acquired between these two orders would be illegal to posses, however, the State has a nearly impossible burden to prove that these magazines weren't acquired during the court-protected periods.
Taking magazines out-of-state
If you now legally possess large capacity magazines and take them out of California, it would be illegal to bring them back in (re-importation).
Can they really know when I bought my magazines?
In any prosecution, the burden of proof is on the government to prove the charges beyond a reasonable doubt. To enforce a large capacity magazine violation, the state would have to prove that you bought or acquired the magazines after 5 PM on April 5, 2019.
Without turning up a sales record, invoice, credit card order, receipt , or etc. with a date and the magazine order on it, it would be very hard for the state to prove when the magazines were purchased. Magazines don’t have many markings on them, but in theory if a magazine had a date code, serial number, or lot code that could be traced.
Also, if you buy a new magazine design that didn’t exist in in April of 2019, an astute investigator could use that against you. A “new magazine design” is not a newly made magazine. What we are referring to is like buying a 2020 model car and trying to pass it off as a 2018. If you choose to break the law, don't buy magazines that weren't on the market before April 2019 or have a date code or something stamped on them.
Freedom week lasted from the afternoon of March 29 to 5 PM on April 5, 2019 (Friday to Friday). During this narrow week in time, it was possible to buy magazines and Internet retailers were shipping to California. Some estimate that nearly the entire retail supply of large capacity magazines in the United States was allocated for Californians during Freedom Week.
Because so many magazines were imported to California, it was infeasible to suddenly turn all these gun owners into criminals overnight after relying on the court’s ruling. The April 4, 2019 stay enjoins (prohibits) 32310(c) & (d) from being enforced. 32310 (a) & (B), making and importing the magazines, remains illegal.
Magazines that were already purchased, but had not shipped or arrived by 5 PM April 5, 2010, are protected by the injunction.
Can I still get some large capacity magazines?
No. Sorry, the window is closed. Sales of large capacity magazines are currently illegal. It is illegal to ship them into California and retailers out-of-state will not do it. You may not legally bring large capacity magazines you bought, were gifted, or owned out-of-state into California now.
What specifically is allowed by the courts?
The stay’s injunction allows you to possess any magazines “manufactured, imported, sold, or bought” between March 29 and 5 PM April 5, 2019. Again, you may not buy magazines out of state and bring them back to California.
Note that the April 2019 order does not allow you to possess magazines owned prior to this date, whether you obtained them before 2000 or illegally after 2000. Pre-Freedom Week magazines are protected by a June 29, 2017 injunction. Anything acquired between these two orders would be illegal to posses, however, the State has a nearly impossible burden to prove that these magazines weren't acquired during the court-protected periods.
Taking magazines out-of-state
If you now legally possess large capacity magazines and take them out of California, it would be illegal to bring them back in (re-importation).
Can they really know when I bought my magazines?
In any prosecution, the burden of proof is on the government to prove the charges beyond a reasonable doubt. To enforce a large capacity magazine violation, the state would have to prove that you bought or acquired the magazines after 5 PM on April 5, 2019.
Without turning up a sales record, invoice, credit card order, receipt , or etc. with a date and the magazine order on it, it would be very hard for the state to prove when the magazines were purchased. Magazines don’t have many markings on them, but in theory if a magazine had a date code, serial number, or lot code that could be traced.
Also, if you buy a new magazine design that didn’t exist in in April of 2019, an astute investigator could use that against you. A “new magazine design” is not a newly made magazine. What we are referring to is like buying a 2020 model car and trying to pass it off as a 2018. If you choose to break the law, don't buy magazines that weren't on the market before April 2019 or have a date code or something stamped on them.
Can I carry or use large capacity magazines?
Yes, however there are some cautions. First, if you have a license to carry, your sheriff/chief may have placed a no large capacity magazine restriction on your license. Second, using a large capacity magazine in a semi-automatic firearm may make it into an illegal assault weapon. This would apply mostly to AR-style rifles with the new fixed magazine work-arounds installed.
You may only use large capacity magazines legally in: a featureless semi-auto centerfire rifle, a standard pistol with a detachable magazine, and a registered bullet button assault weapon (RBBAW). Please see the Assault Weapon section for more details. Even with the positive outcome in the Duncan case, sticking a legal large capacity magazine in a rifle may make it into an illegal "assault weapon" regardless of whether or not the magazine itself is legal to posses or not.
In March 2020, a man was charged in Tulare County for possession of large capacity magazines. After his arraignment, the District Attorney acknowledged Freedom Week and dismissed the case. This did not create precedential case law, but is an acknowledgement of the injunction by a prosecutor.
Law overturned (Aug. 2020)
The case has been heard on appeal by the Ninth Circuit Court of Appeals and the law has been overturned. However, the stay keeping the law in place has not been removed by Judge Benitez. So technically, the California law is still in place until the stay is removed. The removal of the stay is pending the convoluted legal process; while it is illegal to sell/buy/import large capacity magazines in California at this point, the stay remaining in place still protects Californians. The CRPA has an excellent write-up on the Duncan decision, what it means, and what the next steps may be. We suggest you read it for a full and detailed understanding of the issue. See this statement from the NSSF for more information.
What this means for you is:
The Future
Anything could happen at this state. An en banc re-hearing may agree with Judge Benitez and throw out the large capacity magazine ban or reaffirm it (the Ninth has done that before). On the other hand, they could affirm the ban and the appeal would head to the Supreme Court. Given the Supreme Court’s reluctance to hear cases regarding the Second Amendment, it highly likely the final ruling of the Ninth Circuit will stand. Should the Aug. 2020 decision be affirmed and become case law, the protection would extend to all states in the Ninth Circuit, protecting much of the West Coast and part of the Intermountain West from such laws in other states like Nevada and Washington.
Featureless rifles and registered Bullet Button “assault weapons” (RBBAW) may use 10+ round magazines that are possessed legally under the “Freedom Week” injunctions. Other semi-automatic rifles may not. Your AR must be featureless or a RBBAW to legally use "hi-cap" magazines. Even with the positive outcome in the Duncan case, sticking a legal large capacity magazine in a rifle may make it into an illegal "assault weapon" regardless of whether or not the magazine itself is legal to posses or not.
Yes, however there are some cautions. First, if you have a license to carry, your sheriff/chief may have placed a no large capacity magazine restriction on your license. Second, using a large capacity magazine in a semi-automatic firearm may make it into an illegal assault weapon. This would apply mostly to AR-style rifles with the new fixed magazine work-arounds installed.
You may only use large capacity magazines legally in: a featureless semi-auto centerfire rifle, a standard pistol with a detachable magazine, and a registered bullet button assault weapon (RBBAW). Please see the Assault Weapon section for more details. Even with the positive outcome in the Duncan case, sticking a legal large capacity magazine in a rifle may make it into an illegal "assault weapon" regardless of whether or not the magazine itself is legal to posses or not.
In March 2020, a man was charged in Tulare County for possession of large capacity magazines. After his arraignment, the District Attorney acknowledged Freedom Week and dismissed the case. This did not create precedential case law, but is an acknowledgement of the injunction by a prosecutor.
Law overturned (Aug. 2020)
The case has been heard on appeal by the Ninth Circuit Court of Appeals and the law has been overturned. However, the stay keeping the law in place has not been removed by Judge Benitez. So technically, the California law is still in place until the stay is removed. The removal of the stay is pending the convoluted legal process; while it is illegal to sell/buy/import large capacity magazines in California at this point, the stay remaining in place still protects Californians. The CRPA has an excellent write-up on the Duncan decision, what it means, and what the next steps may be. We suggest you read it for a full and detailed understanding of the issue. See this statement from the NSSF for more information.
What this means for you is:
- You may still own your existing grandfathered large capacity magazines protected by the stays;
- You cannot order magazines online or (legally) buy them out of state and bring them into California;
- You could theoretically be arrested/charged for possessing large capacity magazines (highly unlikely);
- You cannot put a large capacity magazine in certain weapons (which would make them illegal "assault weapons");
- The court could rehear the case and decide in favor of California and reinstate the law without any grandfather provisions.
The Future
Anything could happen at this state. An en banc re-hearing may agree with Judge Benitez and throw out the large capacity magazine ban or reaffirm it (the Ninth has done that before). On the other hand, they could affirm the ban and the appeal would head to the Supreme Court. Given the Supreme Court’s reluctance to hear cases regarding the Second Amendment, it highly likely the final ruling of the Ninth Circuit will stand. Should the Aug. 2020 decision be affirmed and become case law, the protection would extend to all states in the Ninth Circuit, protecting much of the West Coast and part of the Intermountain West from such laws in other states like Nevada and Washington.
Featureless rifles and registered Bullet Button “assault weapons” (RBBAW) may use 10+ round magazines that are possessed legally under the “Freedom Week” injunctions. Other semi-automatic rifles may not. Your AR must be featureless or a RBBAW to legally use "hi-cap" magazines. Even with the positive outcome in the Duncan case, sticking a legal large capacity magazine in a rifle may make it into an illegal "assault weapon" regardless of whether or not the magazine itself is legal to posses or not.