In California, it is generally illegal for people to possess loaded magazines outside of their homes, places of business, or other private property. However, there are some exceptions that allow the possession of loaded magazines in certain circumstances. Understanding California’s complex laws around loaded magazines can help gun owners stay in compliance.
What constitutes a loaded magazine in California?
Under California penal code section 16840, a magazine is considered loaded if it contains ammunition. This applies even if the magazine is detached from the firearm it is designed to go with. So having a loaded magazine sitting around your house would be illegal unless it falls under one of the exceptions in the law.
A loaded magazine is defined as (PC 16840):
- A detachable ammunition feeding device that contains ammunition.
- In the case of a tubular magazine, a magazine that contains ammunition and is attached to a firearm.
This means that simply having an empty magazine would not violate California law. The magazine must actually contain ammunition in order to be considered loaded.
Exceptions that allow the possession of loaded magazines
There are some circumstances where a person can legally possess loaded magazines in California:
- At a person’s residence or temporary residence, like a hotel room or campsite (PC 171b)
- At a person’s place of business or private property owned or lawfully possessed by the person (PC 171b)
- While hunting in locations where hunting is allowed (PC 171b)
- While target shooting at an established target range (PC 171b)
- Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from their hunting expedition (PC 171b)
So having a loaded magazine would be legal if it’s at your home, business, or while actively hunting, fishing, or target practicing in lawful areas. But in general public spaces, having a loaded magazine outside of a locked container is prohibited.
Are there exceptions for concealed carry permit holders?
No, having a valid concealed weapons permit (CCW) does not exempt someone from the prohibition on possessing loaded magazines in public places. The exceptions mainly apply to certain uses of guns, not to particular categories of people.
Even with a CCW permit, it would still be illegal to carry a loaded magazine concealed on your person outside of those exceptions like being on your own private property or while directly involved in a lawful hunting/shooting activity (PC 26045).
What are the penalties for illegally possessing loaded magazines?
Possessing a loaded magazine outside of the legal exceptions is punishable as a misdemeanor offense. Penalties can include (PC 171b):
- Up to one year in county jail
- A fine of up to $1,000
- Both a fine and imprisonment
If the illegally possessed loaded magazine is large-capacity (able to hold more than 10 rounds), the offense is an infraction punishable by a maximum fine of $100 per large-capacity magazine (PC 16740).
Second or subsequent offenses for illegal possession of any loaded magazine, large-capacity or otherwise, can be charged as either a misdemeanor or a felony (PC 171c).
Are there exceptions for law enforcement officers?
Yes, active and retired law enforcement officers can possess loaded magazines in public places under California law. Retired officers with CCW endorsements can carry loaded magazines concealed, while other retired/off-duty officers can have loaded magazines that are not concealed (PC 25655, 25900).
On-duty, active law enforcement officers have additional exceptions allowing them to possess loaded firearms and magazines in public places while carrying out their duties.
Limits on importing large-capacity magazines
In addition to restrictions on possession, California also prohibits people from importing large-capacity magazines (able to accept more than 10 rounds) into the state. There is no exception for concealed carry permit holders or law enforcement officers in terms of importing large magazines (PC 32310).
There are again exceptions for people who move into California already in lawful possession of large-capacity magazines. The restrictions apply to people bringing large magazines into the state from outside of California.
Limits on transferring ownership of magazines
As of July 1, 2017, California prohibits any person in the state from selling, giving, lending, buying, or receiving any large-capacity magazine, except as specifically exempted. This applies to transfers between private parties, not just sales by licensed gun dealers (PC 32310).
So in general, it is illegal in California for someone to sell, lend, or otherwise provide any large-capacity magazine to any another person within state lines. The only exceptions are:
- Transfer to/from a licensed firearms dealer
- Transfer to a law enforcement agency
- Transfer by bequest or intestate succession
- Transfer while lawfully shooting at a target facility
- Temporary transfer under very limited circumstances
Are magazine repair kits legal?
Magazine repair kits present a gray area under California law. These are kits that allow someone to convert a standard magazine into a high-capacity one or repair a malfunctioning high-capacity magazine.
The law prohibits the manufacture, importation, sale, gift, or lending of any large-capacity conversion kits within California. However, the legality of simply possessing magazine conversion/repair kits for personal use is less clear. While it likely violates the spirit of California’s magazine restrictions, the plain language of the law does not strictly prohibit personal possession of these kits (PC 32311).
Conclusion
California has a complex set of restrictions in place on loaded and large-capacity firearm magazines. There are exceptions to allow loaded magazines in certain circumstances like at a residence or while hunting, but in general public spaces loaded magazines are prohibited. CCW permit holders do not have exemptions to carry loaded magazines concealed in public.
The exceptions mainly apply to the place or manner where the magazine is possessed, not to particular categories of people. Breaking these laws can lead to misdemeanor or felony charges depending on the specific circumstances of the offense.
Anyone wishing to possess loaded magazines in California should be very familiar with the nuances of the law in order to avoid inadvertently committing a criminal offense.
Smartphones and California Firearm Laws
Smartphones have become ubiquitous in modern life, but they have also created new intersections with existing laws that were written before this technology existed. This includes California’s strict firearm statutes, which can impose criminal liability for how people document guns with their phones.
Using phones to photograph firearms
There is no law in California that completely prohibits taking photos or videos of firearms with a phone or other camera. However, there are some tricky nuances that can get people into legal trouble.
For example, California considers any device that attaches to a gun, even temporarily, to be an illegal assault weapon if it protrudes conspicuously beneath the firearm (PC 30515). This was primarily aimed at banned accessories like grenade launchers, but it can also apply to smartphones and cameras that stick out beneath the gun.
So simply taking a picture of a firearm could move it into the illegal assault weapon category. While it is unlikely someone would actually be prosecuted for this, it illustrates the complexities created by vague statutes stretched to apply to modern tech.
Sharing photos of firearms online
Beyond just taking pictures, sharing images of firearms online also intersects with California law. This issue came to prominence with the free speech case of People v. Russel.
In that case, the defendant was convicted for violating PC 626.9 by posting pictures of himself with firearms on his Facebook page. That statute bars knowingly possessing such pictures on school grounds, but Russel was miles away when he made the posts.
The California appellate court found that simple posting of firearm photos online did not count as “possessing” the images “on school grounds” under a reasonable interpretation of the statute. So conviction under this specific law was overturned, but the implications are still unclear for what other laws may apply to sharing firearm images online.
Using gun-shaped phone cases
Another questionable intersection of smartphones and guns is phone cases molded into the shape of a firearm. Since anything that resembles a firearm can legally be considered one under some California statutes, it raises concerns over the legality of these cases.
For example, brandishing a replica or fake gun is prohibited under PC 417.4 if it is done in a threatening manner. While gun-shaped phone cases are not specifically illegal, waving around a phone in public in a menacing way could potentially violate this law.
Of course, the act of threatening someone is already illegal with or without a prop that looks like a gun. But the potential dangers posed specifically by firearm-resembling phones remains a legally murky subject in California.
Using phones for target assistance
One other area where smartphones intersect with California gun laws is their use while shooting at established target ranges. The use of smartphones and tablets for target assistance is generally allowed under the exceptions for target shooting activities (PC 171b).
As long as the technology aids in lawful target practice and does not violate any range rules itself, there are no statutes that specifically prohibit trackers, ballistic calculators, shot timers, or other smartphone apps or devices from being used during legal target shooting.
Conclusion
Modern smartphone technology often outpaces existing laws on the subject, creating messy intersections with firearm statutes written for a pre-phone world. While many uses are legal gray areas, general common sense is a good guide – don’t use phones to threaten or harm others and beware of unintentionally manufacturing illegal assault weapons.
Anyone looking to use smartphones in conjunction with firearms would be wise to review both federal and California laws and precisely follow established exceptions like those for lawful hunting and sport shooting.
Buying, Selling, and Transferring Firearms in California
The process for purchasing, selling, and transferring ownership of firearms in California is dictated by some of the strictest gun laws in the United States. Failure to follow the mandated procedures for acquiring or disposing of firearms can lead to felony charges.
Purchasing Guns From Dealers
To purchase a firearm from a licensed dealer in California, state law requires (PC 26840, 27540):
- Proof you are at least 21 years old for handguns and 18 for long guns
- Valid proof of identity with photograph – usually a driver’s license or ID card
- Proof of California residency
- Firearm safety certificate for handguns or exempted long guns
- Successful completion of the state’s background check
- 10-day waiting period before picking up the gun
- One handgun purchase permit per transaction
- No more than one handgun purchase permit in a 30-day period
You must also be legally eligible to own a gun in California and not fall under any of the prohibited classes, like felony convictions or mental health holds (PC 29800).
Private Party Firearm Transfers
For private party transfers of firearms between California residents, state law requires the transaction go through a licensed dealer who brokers the sale and handles background checks and paperwork (PC 27545). Exceptions exist for:
- Gifts or loans between immediate family members
- Antique guns made before 1899
- Certain emergency self-defense situations
- Hunting license loaners
- Licensed collector sales at gun shows
Inheriting a firearm from a deceased family member also exempts the inheritance from California’s private transfer requirements.
New California Resident Firearm Registration
Handguns and “assault weapons” must be registered with the California Department of Justice within 60 days of moving into the state. The registration involves submitting identifying information about the guns as well as passing a background check and paying a fee (PC 27560).
New California residents can also choose to sell or otherwise dispose of their firearms lawfully rather than register them in California. But this must occur out of state prior to establishing residency in California.
California Gun Dealer Licensing
Becoming a licensed gun dealer in California involves obtaining both federal and state licenses. At the federal level, you must apply for a Federal Firearms License (FFL) through the ATF. Requirements involve (27 CFR 478.41-478.50):
- Being at least 21 years old
- Maintaining a business premises
- Proper business record keeping
- Payment for the license
- Not violating disqualifying offenses
California also requires a state Certificate of Eligibility from the Department of Justice to sell firearms. Requirements here include (PC 26700):
- Having a valid FFL
- Undergoing firearm safety and law training
- Passing background checks
- Maintaining a business location and signage
- Meeting security measures like inventory tracking and surveillance systems
- Paying state fees
Conclusion
California law creates many steps and restrictions around buying, selling, and transferring ownership of firearms compared to most other states. Skipping any of these mandated processes can constitute serious criminal offenses.
The complex web of state statutes in this area means that extreme care must be exercised by any person looking to acquire or dispose of firearms in California. Retaining qualified local legal counsel is advisable to ensure full compliance.