Facing accusations under California Penal Code 32310 PC — California’s large-capacity magazine law — can be stressful and confusing, especially if you didn’t realize your firearm magazine was considered illegal. In California, it’s generally a crime to manufacture, import, sell, give away, or possess any ammunition feeding device that holds more than 10 rounds.

This law is unusually complex. It has been the subject of ongoing court challenges, and certain exceptions exist for law enforcement, licensed dealers, and a few other narrow situations. Still, prosecutors in Los Angeles County often pursue these cases aggressively, and a conviction can carry serious consequences — including fines, probation, the loss of your firearm rights, and even jail time.

Being charged does not mean you are guilty. Many cases arise from misunderstandings, unclear magazine classifications, or unlawful searches and seizures. At The Law Offices of Arash Hashemi, we know how to spot weaknesses in the prosecution’s case. With over 20 years of criminal defense experience, our Los Angeles criminal defense attorney will move quickly to investigate the facts, challenge any improper evidence, and fight for the best possible outcome — whether through dismissal, reduction of charges, or a full acquittal.

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    What Is California Penal Code § 32310 PC?

    Under California law, Penal Code 32310 PC makes it illegal to manufacture, import, sell, give, lend, buy, or possess a “large-capacity magazine” — generally defined as any ammunition feeding device capable of holding more than 10 rounds. This prohibition applies whether the magazine is attached to a firearm or stored separately.

    The statute states:

    California Penal Code § 32310 – “Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is guilty of a public offense…”

    Important note: PC 32310 has been at the center of high-profile litigation — most notably the case of Duncan v. Bonta, where federal courts have repeatedly reviewed its constitutionality. Multiple rulings have temporarily struck down or reinstated the law, creating confusion for gun owners. As of now, PC 32310 is in effect and actively enforced in California, and law enforcement officers and prosecutors in Los Angeles County are continuing to file illegal magazine possession charges while appeals are pending.

    What Counts as a Large-Capacity Magazine?

    In most cases, a large-capacity magazine means any ammunition feeding device that can hold more than 10 rounds of ammunition. This includes both detachable and fixed magazines — the key factor is capacity, not size or appearance.

    Examples include:

    • Detachable rifle magazines with a capacity greater than 10 rounds.

    • Detachable pistol magazines holding more than 10 rounds.

    • Certain drum or cylindrical magazines capable of holding large amounts of ammunition.

    The law does not classify the following as “large-capacity magazines”:

    • .22 caliber tubular ammunition feeding devices (commonly found in some rimfire rifles).

    • Tubular magazines in lever-action firearms.

    Because magazine capacity can be altered or misidentified, it’s not uncommon for law enforcement to make mistakes when seizing and classifying magazines. Our criminal defense attorney can challenge whether the device truly meets the legal definition — and whether it was lawfully obtained as evidence in the first place.

    Penalties for Violating PC 32310

    Possessing, selling, or otherwise dealing with a large-capacity magazine under Penal Code 32310 PC is considered a “wobbler” offense — meaning prosecutors can charge it as either a misdemeanor or a felony, depending on the circumstances, your criminal history, and the strength of the evidence.

    Misdemeanor Penalties

    If charged as a misdemeanor, potential penalties include:

    • Up to 1 year in county jail.

    • A fine of up to $1,000.

    • Possible probation with court-imposed conditions.

    Felony Penalties

    If charged as a felony, potential penalties include:

    • 16 months, 2 years, or 3 years in county jail (pursuant to California’s realignment laws).

    • A fine of up to $10,000 under California Penal Code 672.

    • Extended probation terms and stricter release conditions.

    Collateral Consequences

    Beyond jail or fines, a conviction can bring serious long-term consequences, such as:

    • A permanent criminal record.

    • The loss of your right to own or possess firearms in California.

    • Immigration consequences for non-citizens, including possible deportation or denial of reentry.

    What Happens After a PC 32310 Arrest in Los Angeles?

    In most cases, after being arrested for violating Penal Code 32310 PC, you will be booked at the police station, your firearm and any magazines will be seized as evidence, and you’ll either be released with a citation or held until bail is posted.

    Within a few days, you’ll attend an arraignment where the formal charges will be read, and you’ll have the opportunity to enter a plea. At this early stage, the prosecution may still be reviewing evidence and deciding how to proceed.

    Early intervention by a Los Angeles criminal defense attorney can be critical. Your lawyer can challenge the legality of the search, argue for reduced bail, and begin negotiations with the prosecutor. In some cases, charges can be reduced or even dismissed before trial. Acting quickly gives you the best chance of protecting your record, your rights, and your future.

    Related Firearm Charges

    Legal Defenses to PC 32310 Charges

    Just because you’ve been accused of possessing a large-capacity magazine does not mean a conviction is inevitable. There are several defenses that can apply in these cases, depending on the facts and how law enforcement obtained the evidence.

    Common defenses include:

    • The magazine is not “large-capacity” under California law – It may actually hold 10 rounds or fewer, or fall into one of the statutory exclusions.

    • You qualify for a legal exemption – Certain individuals, such as law enforcement officers or some pre-ban owners, may be legally permitted to possess these magazines.

    • You did not possess the magazine knowingly – If you were unaware of the magazine’s capacity or that it was in your possession, the prosecution may have difficulty proving intent.

    • The magazine was not functional or capable of holding more than 10 rounds – A damaged or modified device may not meet the legal definition.

    • Illegal search or seizure – If the magazine was discovered through an unlawful search, that evidence may be suppressed and the case significantly weakened.

    Speak With a Los Angeles Firearms Defense Attorney Today

    Attorney Arash Hashemi has over 20 years of experience defending clients against serious firearm-related charges in California. He understands the technical firearm classifications involved in PC 32310 cases and knows how to expose weaknesses in the prosecution’s evidence. Our firm moves quickly to challenge the prosecution’s case, protect your rights, and pursue the best possible outcome — whether that means dismissal, reduction of charges, or a favorable resolution in court.

    If you have been charged with a large-capacity magazine violation, contact our office today for a free, confidential case review by phone or through our online form. We are based in Los Angeles, CA, and are ready to help you navigate this complex and evolving area of California firearms law.

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    Arash Hashemi, a skilled Los Angeles criminal defense attorney, providing expert legal representation for clients in California.