BillCA To add further to the confusion (o:
There's enough confusion in Kalifornia already without adding to it.
To add further to the confusion:
Magazine Questions
What is a large-capacity magazine?
California defines ‘large-capacity magazines’ as those which hold more than 10 rounds.[1]
Note that the correct legal term is "large-capacity"; other descriptions such as "standard capacity" or "high capacity" are in common use, but not appropriate in a discussion of California law.
Are rimfire firearms and magazines subject to the large capacity magazine restrictions?
Yes. Rimfire magazines are regulated by the same laws as centerfire magazines.
The only exceptions are tubular rimfire magazines, such as those built into the Marlin 60 and similar rifles, and tubular magazines built into lever action firearms. [1]
Possession
Is possession of a large capacity magazine illegal?
No. Possession of a large-capacity magazine is NOT illegal, no matter how you got it or when you got it.[1]
Is there an age limit to own magazines?
No. There was not and is not an age limit to own or purchase large-capacity magazines. This includes magazines issued to military.
Do I need to keep any proof that I legally acquired my magazines?
No, you do not need to keep receipts or otherwise prove your magazines are legal.
When did the law banning new large capacity magazines take effect?
New (to the state) large-capacity magazines were banned, effective January 1, 2000.
I owned large-capacity magazine(s) since before January 1, 2000, are they legal?
Yes. If you possessed such magazines in California before that date, they are legal.
If you manufactured them, or brought them into California for the first time after that date, the law was broken.
How is the California large-capacity magazine ban affected by the Federal ban (from 1994-2004), and vice versa?
The Federal Assault Weapons Ban was law from 1994 until it expired in 2004. During that time, the sale of newly manufactured large capacity magazines was restricted to law enforcement and military only.
The sale of preexisting ("pre-ban") large capacity magazines was unchanged and still legal in California until the state ban took effect on January 1, 2000.
Up until that date, Californians could buy large-capacity magazines just like the rest of the country.
Can I buy large-capacity magazines out of California?
Yes - BUT you cannot bring them back to California assembled. You CAN take them apart - there is no law of "constructive possession" for magazine parts - but you may NOT re-assemble the parts into functioning magazines inside California. Re-assembling would be manufacturing, and that is illegal.
Can I bring large-capacity magazines into the state with me if I did not possess them here prior to January 1, 2000?
No.
What if I "find" some large-capacity magazines?
It is not illegal to possess and use large-capacity magazines. You do not have to document or discuss how you acquired them.
An analogy: Suppose you were six years old and brought home a tricycle. Your father might ask, "where did you get that tricycle?". You might reply, "I found it!". Would you really expect your father to believe that?
Please do not strain the credulity of your listeners.
What is the Statute of Limitations for violating the laws regarding large-capacity magazines?
Three years as specified in PC 801. If you illegally imported the magazine into the state or manufactured it over three years ago, the statue of limitations claims you can no longer be prosecuted.
If you then left the state with that magazine and re-imported it, the clock on the statute of limitations would reset, as a new crime would have been committed.
What should I say if a Law Enforcement Officer (LEO) asks me about my large-capacity magazines?
Don't talk your way into jail.
Say you have nothing to say on the subject without an attorney present.
Can I sell, trade or give large-capacity magazines to anyone in California?
No. It is illegal to transfer large-capacity magazines inside California, except to law enforcement.
Repair and Rebuild
Is it illegal to possess parts for large capacity magazines?
No. It is not illegal to possess all of the parts to manufacture a new large-capacity magazine, as long as you do not manufacture the magazine in the state of California.
Can I repair my old large-capacity magazines with new parts?
Yes. Existing (old) magazines may be repaired with new parts.
Can I use parts from new magazines that didn't exist before 2000 to repair and rebuild my old magazines?
Yes, the general consensus is that if any of the parts are interchangeable, it is legal.
An old and worn out USGI magazine, for example, can be rebuilt into a Magpul PMAG, because the spring from the USGI magazine is compatible with the PMAG.
Do I need to keep any parts from the original magazine in my newly rebuilt magazine?
No.
Can I change the capacity of my large-capacity magazine when I rebuild it?
Yes, it is legal to repair/rebuild your preexisting large capacity magazines of any capacity into larger or smaller capacity magazines (i.e. a 20 round mag can be rebuilt into a 30 round mag and vice versa), so long as they still work for the firearm intended.
The general consensus is that if the parts are interchangeable, it is legal (whether a 30 round USGI magazine can be built into a 100 round Beta C Mag, since the two share no common parts, is a topic of debate).
Can I use rebuild kits to make large capacity magazines for use out of state?
Yes. Magazine parts kits can be used to create new magazines when out of state, provided that before they return to the state, they are disassembled.
Can I use large-capacity magazine parts to build magazines that hold ten rounds or less?
Yes, It is legal to use the parts from a large-capacity magazine to manufacture a magazine that holds ten rounds or less. This modification must be permanent to be legal. A rivet or epoxy is generally considered permanent in the eyes of the law.
Can I get in trouble for shipping/sending assembled large capacity magazines into the state?
Yes. Out of state, non-residents of California are still subject to California law and can be extradited for breaking those laws, even if you never plan to visit the state.
This is not limited to large capacity magazine or firearms laws.
Use
Can I use my large-capacity magazines?
Yes.
Regardless of date or manner of acquisition, it is not illegal to use large capacity magazines.
Can I use the parts from a large-capacity magazine to create a magazine that holds ten rounds or less?
Yes. It is not illegal to convert a large-capacity magazine to a 10-round or smaller magazine.
If I have a ten round magazine for one caliber that holds more than ten rounds of another caliber, is it legal to use in the other caliber?
Yes.
Some magazines designed for 10 rounds of one caliber can accept more than ten rounds of a different caliber, and function in some firearms (Example: .50 Beowulf ten round magazines hold thirty rounds of .223). This is not illegal.
Is a magazine with ammunition in it a "loaded gun?"
No. A magazine with ammunition in it is not a ‘loaded gun.' It does not meet the Penal Code definition of a firearm.
Can I have ammunition in my magazines while transporting them?
Yes. When transporting a firearm, magazines may contain ammunition, so long as the magazines are not inserted in the magazine well of a firearm.
Lending large-capacity magazines
Can I loan my large-capacity magazine to a friend at the range?
You can lend a large-capacity magazine to a friend, if you stay together, as at a range.
Can't I just let him borrow the magazine to take to the range with him?
No. You cannot loan a large-capacity magazine to anyone, including family members, outside of your immediate presence.
Use of large-capacity magazines in "Bullet Buttoned" firearms
Can I use my large-capacity magazines in my firearm equipped with a "Bullet Button?"
NO! Rifles or pistols equipped with a bullet button (whether they are equipped with "evil features" or not) cannot use large capacity magazines. Large-capacity magazine laws are different from assault weapons laws.
Remember that 'bullet buttons' are only used on centerfire semi-automatic rifles.
Why?
A weapon with a "fixed magazine", which necessitates the use of a bullet button, also requires a 10-round or fewer magazine. Such a gun used with a large capacity magazine creates a Category 3 assault weapon.
What good are large capacity magazines then?
They can be used with firearms that do not have "Evil Features" or Bullet Buttons.
