Public Notice

In response to numerous inquiries the following notice is provided.

CALIFORNIA DEPARTMENT OF JUSTICE UPDATE REGARDING LARGE CAPACITY MAGAZINES

On August 14, 2020, a three-judge panel of the Ninth Circuit Court of Appeals affirmed the district court decision in Duncan v. Becerra. The appellate ruling does not lift the stay that California Attorney General Xavier Becerra secured at the commencement of the appeal. The stay remains in place until the appellate process is final. This allows California’s nearly twenty-year-old prohibition on the acquisition of new large- capacity ammunition magazines to remain in effect pending further appellate proceedings.

In California, it has been illegal since 2000 to manufacture, import, keep or offer for sale, give, lend, or receive large-capacity magazines—defined as those that can hold more than 10 rounds of ammunition.  On March 29, 2019, the District Court for the Southern District of California ruled that this law was unconstitutional. Attorney General Becerra asked the judge  to stay his ruling pending appeal to prevent the influx of large-capacity magazines into  the  state while  litigation  is  ongoing.  This request  was granted.  As a result, as of 5:00  p.m.  on April 5, 2019, California Penal Code section 32310(a) and  (b) went  back into  effect  and  they  remain  in  effect until further action by the appellate court:

“(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.”

Should you have any questions please contact the Bureau of Firearms, Customer Support Center  at (855) 365- 3767 or via e-mail at bofdes@doj.ca.gov.

 Since the manufacture of these magazines will continue, we advise that Caution and Patience be exercised until this issue is resolved completely.