Possession of Large-Capacity Gun Magazines – California Penal Code 32310 PC

REQUEST A Free CONSULTATION

Strong Legal Representation for PC 32310 Charges in California

If you have been charged with possession of a large-capacity magazine in California you are facing a wobbler that can be filed as a misdemeanor or a felony. Many people charged under this statute did not realize their magazine was illegal under California law or brought it from another state where it was perfectly legal. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against firearms charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Possession of Large-Capacity Gun Magazines – California Penal Code 32310 PC

California Penal Code 32310 PC is one of the most frequently litigated firearms statutes in the state. It has been challenged in federal court multiple times and temporarily struck down and reinstated through the ongoing Duncan v. Bonta litigation. As of 2026 the law is in effect and actively enforced throughout Los Angeles County. Prosecutors file these charges regularly and the technical nature of the statute means many defendants are genuinely caught off guard when arrested for a magazine they purchased legally in another state or that came included with a firearm they lawfully own.

Penal Code 32310(a) PC makes it a crime to manufacture, import, sell, give, lend, buy, or possess any large-capacity magazine in California. A large-capacity magazine is any ammunition feeding device capable of holding more than 10 rounds. The prohibition applies whether the magazine is attached to a firearm or stored separately and the firearm does not need to be present for a charge to be filed.

Covered under the statute:

  • Detachable rifle magazines capable of holding more than 10 rounds
  • Detachable pistol magazines capable of holding more than 10 rounds
  • Drum magazines and other high-capacity feeding devices regardless of physical appearance

Two categories are specifically excluded: .22 caliber tubular ammunition feeding devices commonly found in rimfire rifles and tubular magazines contained in lever-action firearms. When the magazine falls within either excluded category the charge cannot be sustained.

Is PC 32310 a Felony or Misdemeanor in California?

PC 32310 is a wobbler. The District Attorney decides whether to file it as a misdemeanor or a felony based on the defendant’s prior criminal history, the circumstances of the arrest, whether the magazine was connected to another offense, and the number of magazines involved. A first-time offender with no prior record arrested with a single magazine is more likely to face misdemeanor treatment. A defendant with prior firearms convictions or one whose magazine was found alongside a loaded firearm faces a much stronger push for felony treatment.

A misdemeanor conviction carries up to one year in county jail and fines up to $1,000. A felony conviction carries 16 months, 2 years, or 3 years in county jail under California’s realignment laws and fines up to $10,000. Both result in a permanent criminal record. A felony conviction results in the loss of firearm rights and for non-citizens triggers potential deportation proceedings.

Legal Defenses Against PC 32310 Charges

The Magazine Does Not Meet the Legal Definition

Not every magazine that appears large-capacity actually meets the statutory definition. Our criminal defense attorney works with independent firearms experts to measure and analyze the specific magazine at issue. When the magazine holds 10 rounds or fewer or falls within one of the statutory exclusions the charge cannot be sustained regardless of the other evidence.

Unlawful Search and Seizure

Most PC 32310 arrests begin with a search of a vehicle or home. When that search was conducted without a valid warrant, without probable cause, or beyond its authorized scope our criminal defense attorney files suppression motions immediately. Without the physical magazine the prosecution has no case.

No Knowledge of Possession

When the magazine was found in a shared vehicle or shared residence and the defendant did not know it was there the knowledge element can be challenged. This defense is most effective when multiple people had access to the location and nothing directly connects the magazine to the defendant.

Legal Exemption Applies

Active law enforcement officers, licensed dealers, and certain individuals who lawfully possessed magazines prior to California’s restrictions and retained them in compliance with applicable law may qualify for an exemption. When the defendant falls within a recognized exemption our criminal defense attorney presents that evidence immediately and argues for dismissal before the case proceeds further.

Contact a Los Angeles Defense Attorney for PC 32310 Charges Today

A large-capacity magazine charge in California carries real consequences including state prison time and a permanent record. With over 20 years of experience defending clients against firearms charges throughout Los Angeles County Attorney Hashemi will review the facts, analyze the evidence, and build a defense strategy from day one. Contact our office today for a free confidential consultation.

Schedule a free Consultation:

We are conveniently located in the Westside Towers serving clients facing firearms charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.