Following the Ninth Circuit’s March 2025 en banc decision in Duncan v. Bonta, California’s ban on magazines holding more than 10 rounds remains firmly in effect. On April 10, 2025, the court stayed part of its mandate pending Supreme Court review, temporarily protecting possession of so-called “Freedom Week” magazines lawfully acquired between March 29 and April 5, 2019.
Sales, manufacturing, and imports of large-capacity magazines (LCMs) remain prohibited while enforcement continues statewide.
California’s magazine-capacity restrictions—rooted in Proposition 63 and codified at Penal Code § 32310—have been a lightning rod for Second Amendment litigation. The 2025 decision reaffirmed the state’s authority to regulate LCMs under Bruen’s text-and-history test. For Federal Firearms Licensees (FFLs), the ruling affects everything from retail inventory and recordkeeping to servicing and repairs.
In this update, we’ll break down the legal framework, exemptions, documentation tips, and compliance strategies every California FFL should know.
Understanding the California Magazine Ban
Legal Basis
California Penal Code § 32310 prohibits the manufacture, import, sale, offer for sale, giving, lending, buying, receiving, or possession of any ammunition feeding device capable of holding more than 10 rounds.
The law, enacted by Proposition 63 (2016), is enforced by the California Department of Justice (DOJ).
History of Litigation
- 2017 – 2021 | Duncan v. Becerra – District court struck down § 32310 as unconstitutional.
- 2023 | Duncan v. Bonta – District court again invalidated the law under Bruen.
- 2025 | En Banc Decision – Ninth Circuit upheld the ban, ruling LCMs are not “arms” protected by the Second Amendment and, even if they were, the law aligns with America’s historical tradition of regulating “dangerous and unusual” weaponry.
Current Status
The district court’s order enjoining enforcement of the “possession” restriction remains in effect pending appeal, thereby protecting magazines previously acquired by California residents. The remaining provisions of the law prohibiting sales or transfers remain in effect.
Individuals who purchased magazines before California’s restrictions went into effect (i.e. those purchased a particular item prior to 2001) are protected. Another way of looking at it is that if an individual already possesses a magazine over ten rounds (Freedom Week notwithstanding), they cannot be prosecuted for simple “possession.” A law enforcement officer would need to prove beyond reasonable doubt the person somehow acquired the magazine unlawfully, and did so within statute of limitations for such an offense.
Key Definitions
- Large-Capacity Magazine (LCM): > 10 rounds (§ 16740).
Excludes: permanently modified ≤ 10-round mags, .22 cal tubular mags, and lever-action tubular mags. - Freedom Week Magazines: Acquired March 29–April 5, 2019; currently protected under the stay.
Recent Holdings
The Ninth Circuit applied Bruen’s text-and-history test—not intermediate scrutiny—and concluded:
- LCMs fall outside the Second Amendment’s plain text.
- Historical analogues support regulation of high-capacity feeding devices.
Result: Ban remains valid; civilian commerce remains off-limits.
What FFLs Can and Cannot Do
Prohibited Activities
- Selling or transferring LCMs to any non-exempt person
- Importing or manufacturing LCMs for civilian use
- Offering or advertising LCMs for sale in California
Permitted Activities & Exemptions
- Law Enforcement / Government Contracts – §§ 32400 & 32440
- Film & Television Productions – § 32450
- Armored Car Services – § 32435
- Repair or Servicing – § 32425 allows temporary loans to an FFL or gunsmith for repair/return to lawful owner
- LCMP Permit Holders – CA DOJ-issued Large Capacity Magazine Permit authorizes limited import/manufacture
- Evidence Transfers/Destruction – Permitted under law-enforcement direction
In short: if it’s not government, armored-car, or Hollywood, it’s probably a “no.”
Documentation and Recordkeeping
Federal vs. State Coordination
Magazines are not firearms under federal law (27 CFR § 478) and do not appear in ATF A&D Books. However, California requires separate LCMP records to document lawful activities.
Maintaining Proof of Lawful Possession
- Retain documentation for all exempt transactions—purchase orders, repair logs, permits, and agency letters.
- Keep repair and replacement records that link each LCM to an authorized recipient.
- Store supporting documentation for any LCMP Permit operations.
Record Retention
- LCMP Records: 3 years (minimum, CA DOJ).
- Firearm A&D Records: 20 years (federal).
Preventing Violations
- Verify buyer exemption before transfer.
- Segregate restricted inventory from general stock.
- Prepare for joint DOJ/ATF audits—expect cross-agency enforcement focus.
Enforcement and Legal Risk
Enforcement Trends
Post-ruling, CA DOJ has increased inspection frequency and cross-checked inventory control. ATF inspectors may report patterns of willful non-compliance to state authorities.
Penalties
- Civil fines and criminal prosecution under Penal Code § 32310 et seq.
- Possible suspension or revocation of federal licenses for willful violations.
- Seizure or destruction of non-compliant inventory.
Pending Supreme Court Review
A certiorari petition (Duncan v. Bonta, No. 25-198) was filed August 19, 2025. If SCOTUS grants review, enforcement could pause or pivot. Until then, the ban stands, with limited possession protections for Freedom Week magazines.
Next Steps: Stay Compliant with FFLGuard’s Guidance
The Ninth Circuit’s 2025 decision keeps California’s LCM ban alive while the Supreme Court weighs in.
Key Takeaways
- Civilian sales and imports > 10 rounds remain illegal.
- Law-enforcement/government exemptions require clear paperwork.
- Keep LCMP records for ≥ 3 years and segregate inventory.
- Coordinate state LCMP logs with federal A&D books to stay audit-ready.
FFLGuard’s Role
FFLGuard provides legal counsel, compliance training, audit prep, and real-time updates on California’s shifting magazine-ban landscape.
Contact FFLGuard today to ensure your business stays on the right side of California law—before CA DOJ or ATF come knocking.
FFL Compliance Checklist
- Verify Buyer Exemption
- Maintain DOJ/LE Documentation
- Keep LCMP Records ≥ 3 Years
- Separate Restricted Inventory
- Review Updates from FFLGuard