You’ve probably seen the headlines or heard the rumors at the local range. People are talking about how the California 10-round magazine law expired, or at least, they’re acting like it did. It’s confusing. One week you’re told high-capacity mags are totally illegal, and the next, your buddy is showing off a 15-round Glock mag he bought during a "window."
Honestly, the legal situation in California regarding "large-capacity magazines" (LCMs) is a mess of stays, appeals, and court orders that would make a seasoned lawyer’s head spin. If you’re looking for a simple "yes" or "no" on whether you can go out and buy a 30-round PMAG today, the answer is technically no—but there's a huge asterisk attached to that.
The "Expired" Myth and Freedom Week
To understand why people think the California 10-round magazine law expired, we have to look back at March 2019. This was the legendary "Freedom Week." U.S. District Judge Roger Benitez issued a ruling in Duncan v. Becerra (now Duncan v. Bonta) that declared California’s ban on magazines holding more than 10 rounds unconstitutional. For about seven days, the law effectively didn't exist.
It was a frenzy.
Retailers across the country suddenly started shipping thousands of standard-capacity magazines to California addresses. People bought them by the dozen. Then, the Ninth Circuit Court of Appeals stepped in and stayed the ruling, putting the ban back in place while the case moved forward. But here's the kicker: Judge Benitez’s stay included a provision that protected people who bought those magazines during that one-week window.
So, did the law expire? Not exactly. It was suspended, then revived, but it left a permanent "legal" population of magazines in the state that exceed the 10-round limit.
Why the Legal Battle is Still Dragging On
The case of Duncan v. Bonta has been a literal ping-pong match. After the 2022 Supreme Court ruling in NYSRPA v. Bruen, the legal landscape for gun control changed fundamentally. The "Bruen test" requires the government to prove that a firearm regulation is consistent with the United States' historical tradition of firearm regulation.
📖 Related: Palm Beach County Criminal Justice Complex: What Actually Happens Behind the Gates
California has been struggling to meet that bar.
In September 2023, Judge Benitez once again struck down the California magazine ban. He wrote a 71-page opinion that basically said there is no historical pedigree for banning common firearm components like magazines. He argued that these are "arms" under the Second Amendment.
"The history and tradition of the Second Amendment indicate that the government may not prohibit arms that are in common use for lawful purposes," Benitez noted in his decision.
However, within days, the Ninth Circuit issued another stay. This means that while the law was technically ruled unconstitutional (again), it is still being enforced while the state appeals the decision. This constant back-and-forth is why so many gun owners are searching for whether the California 10-round magazine law expired. It feels like it should be dead, but it’s on legal life support.
Can You Actually Buy Them Right Now?
Short answer: No.
Unless you are a member of law enforcement or another exempted class, you cannot walk into a gun store in San Diego or San Francisco and buy a magazine that holds 11 rounds or more. You also can’t have them shipped to your house from an out-of-state vendor.
👉 See also: Ohio Polls Explained: What Most People Get Wrong About Voting Times
What about the ones from Freedom Week? Those are still legal to possess. If you bought them between March 29, 2019, and April 5, 2019, you are generally in the clear to own and use them. This creates a weird reality where two people can be at the same range: one is breaking the law with a 17-round mag they bought yesterday, and the other is perfectly fine with the exact same mag they bought five years ago.
It’s a logistical nightmare for law enforcement. How do they prove when a piece of plastic was purchased? Unless there’s a date stamp or a receipt, it’s incredibly difficult to track. But that doesn't mean you should go out and risk a felony. California Penal Code section 32310 is still on the books, and the state's Department of Justice is very much interested in enforcing it.
The Bruen Effect and the Future of California Gun Laws
The reason people keep thinking the California 10-round magazine law expired is because, under the current Supreme Court's logic, it probably should be gone. Bruen changed everything. It took away the "interest-balancing" test that courts used to use to justify gun control (the idea that public safety outweighs an individual's right). Now, it’s all about history.
Attorney General Rob Bonta has been fighting tooth and nail to keep the ban. The state argues that large-capacity magazines aren't "arms" and that they pose a unique threat to public safety. They point to mass shootings where high-capacity mags were used to fire many rounds without reloading.
On the other side, groups like the California Rifle & Pistol Association (CRPA) argue that these magazines are standard equipment for the most popular self-defense firearms in America. They point out that a standard Glock 17 comes with a 17-round magazine. By California’s definition, the "standard" version of the most popular handgun in the world is an "assault weapon" accessory.
Real-World Consequences for Gun Owners
If you're caught importing, giving, or lending a "large-capacity" magazine, you’re looking at a misdemeanor or potentially a felony. It’s not a joke. While simple possession was also banned under Prop 63, that specific part of the law has been a major point of contention in the courts and is currently not being enforced in the same way as the "sale and transition" part.
✨ Don't miss: Obituaries Binghamton New York: Why Finding Local History is Getting Harder
Still, the risk is high.
- Confiscation: If police find them during a legal search or at a range, they can seize them.
- Legal Fees: Even if you win the case because you bought them during Freedom Week, you'll spend thousands on a lawyer.
- Confusion at Ranges: Some range officers are sticklers; others don't care. It’s a gamble.
California's stance is basically "wait and see." They are waiting for the Ninth Circuit to eventually rule en banc, and everyone knows this is likely headed back to the Supreme Court. Until then, the 10-round limit is the functional law of the land for new purchases.
What's Next for the 10-Round Limit?
The Ninth Circuit is notorious for being "slow." They are likely waiting for other cases to move through the system. We are also watching cases in other states, like Illinois and Washington, which have passed similar bans.
If the Supreme Court takes up a magazine case, it’s game over for the California law. Most legal experts agree that the current SCOTUS lineup isn't friendly to capacity limits. But until that happens, or until the Ninth Circuit's stay is lifted, you're stuck with "California compliant" 10-rounders.
The idea that the California 10-round magazine law expired is more of a reflection of the law's perceived illegitimacy among gun owners than its actual status in the courtroom. It’s a law that has been "killed" multiple times by lower courts, only to be resurrected by the appellate court's emergency stays.
Actionable Steps for California Residents
Don't get caught in the legal crossfire. If you're navigating these murky waters, here is how you stay on the right side of the current (admittedly frustrating) situation:
- Check Your Date Stamps: If you own magazines over 10 rounds, know exactly when and where you got them. If they were "Freedom Week" purchases, keep any digital receipts or confirmation emails backed up.
- Monitor the CRPA: The California Rifle & Pistol Association is usually the first to announce if a stay is lifted. If another "Freedom Week" happens, you'll want to know within minutes.
- Avoid "Repair Kits": Some people try to buy "magazine rebuild kits" from out of state. California closed this loophole years ago. Importing the parts to build a high-capacity mag is treated the same as importing the mag itself.
- Understand Transport Laws: Even if your magazine is legal to own (from 2019), make sure you aren't violating other "assault weapon" laws. For example, putting a 30-round mag into a fixed-magazine rifle (like one with a Bullet Button or similar device) can instantly turn that rifle into an illegal "assault weapon" under CA law.
- Stay Informed on Duncan v. Bonta: This is the "mother" case. Set a Google Alert for it. Any permanent change to the status of the magazine ban will come from a final ruling in this specific litigation.
The law hasn't expired, but it is certainly on thin ice. For now, 10 rounds remains the magic number for anyone looking to stay out of a courtroom.