(Section 32310(c).) Possession may constitute a misdemeanor offense punishable by up to a year’s worth of jail time.
In response to tragic and highly publicized mass shootings, the state of California in 2016 passed legislation which amended Penal Code section 32310 to enact a wholesale ban on the possession of LCMs by “any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired” in the state of California. In reaching its conclusion, the Court held that California Government Code section 32310 burdened protected conduct and, applying strict scrutiny, that the statute was not narrowly tailored to achieve the compelling state interests it purported to serve. Becerra, held that a California statute that banned possession of large-capacity magazines (“LCMs”) holding more than ten rounds of ammunition, violated the Second Amendment.
(AB 48) Effective January 1, 2014.On August 14, 2020, the Ninth Circuit Court of Appeals in Duncan v. (b) For purposes of this section, a “large capacity magazine conversion kit” is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310.
(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, commencing January 1, 2014, any person in this state who knowingly 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 conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment.
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