Large-capacity magazine restrictions

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Revision as of 06:56, 20 July 2008 by Hoffmang (Talk | contribs) (Manufacturing non large-capacity magazines)

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History

As part of expanding the definition of Assault Weapons with the passage of SB-23 in July 1999, prohibitions on magazine capacity sizes were introduced into the Penal Code. SB-23 added a new term, "large-capacity magazine."

Current Restrictions

Penal Code 12020 (a)(2) states:

12020 (a)(2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.

The California Department of Justice Bureau of Firearms FAQ summarizes the restrictions well:

9. If I have a large-capacity magazine, do I need to get rid of it?

No.  Continued possession of large-capacity magazines (able to accept
more than 10 rounds) that you owned in California before January 1, 2000,
is not prohibited.  However as of January 1, 2000, it is illegal to buy,
manufacture, import, keep for sale, expose for sale, give or lend any
large-capacity magazine in California except  by law enforcement agencies,
California peace officers, or licensed dealers.

(PC Section 12020 (b)(19-29))

Note that it is illegal to offer or expose for sale a large-capacity magazine in California. This has the practical implication that one can not list a large-capacity magazine for sale on the internet to in or out of state buyers. One can disassemble the large-capacity magazine and sell the parts in or out of state.

Large-capacity magazines that were legally possessed by their owner in California at any time prior to January 1, 2000 can be legally re-imported into California. If you were a past resident of California that possessed large-capacity magazines in the state prior to the ban, you can move back in with them. Current residents that legally possess large-capacity magazines can travel out of the state with those large-capacity magazines and return to the state (Penal Code 12020 (b)(23)).

Repairing existing large-capacity magazines

In a letter dated November 10, 2005, Deputy Attorney General Alison Merrilees answered a list of questions about the legality of repairing and replacing parts of legally possessed large-capacity magazines.

The letter clarifies that it is legal to replace parts of a legally possessed large-capacity magazine with parts of any vintage. It also states that the possession, sale, or import of all the parts of an otherwise prohibited large-capacity magazine is not illegal though assembling them into a new large-capacity magazine would be a crime.

The general rules regarding magazine repair appear to be that as long as one ends up with the same number of legally possessed large-capacity magazines, has a plausible path of replacement parts from the original possessed large-capacity magazine to the repaired magazine, and the magazine continues to work in the firearm it was originally designed to operate in, one would not be violating the law.

There are no restrictions on modifying a legally possessed large-capacity magazine to work in another firearm as long as the magazine continues to operate in the firearm it was originally designed for.

Manufacturing non large-capacity magazines

Penal Code 12276.1 (d)(2) states:

12276.1 (d)(2) "Capacity to accept more than 10 rounds" shall
mean capable of accommodating more than 10 rounds, but shall
not be construed to include a feeding device that has been
permanently altered so that it cannot accommodate more than
10 rounds.

This means that one can manufacture non large-capacity magazines if the modifications to what would otherwise be a large-capacity magazine are permanent.

In sworn testimony, representatives of the California Department of Justice have stated that it is their opinion that the types of modifications presented in the failed "detachable magazine permanence" rulemaking would suffice to be permanent modifications to large-capacity magazines to exclude them from the law. The relevant modifications from the failed rulemaking include:

  • Continuous ribbon or ribbons of welding
  • A rivet fixed in place with epoxy

Exceptions