Large capacity magazines (LCMs) are devices capable of holding a large amount of ammunition for a firearm. The state of California banned the possession of these devices for several years. However, this ban has been adjusted in the year 2020.
Many individuals wonder what this means for Penal Code §32310. PC 32310 was used to prosecute individuals who possessed LCMs in the past. Currently, this charge applies to individuals who misuse LCMs. Get additional information by calling (310) 997-4688 and speaking to the Simmrin Law Group.
Defining LCMs in Our State
LCMs are a specific kind of apparatus designed to hold ammunition for a gun. Magazines are considered “ammunition feeding devices.” LCMs are magazines that can hold at least 10 rounds of ammunition.
The History of California’s Ban on LCMs
California previously had a ban on the possession of LCMs throughout the state. This ban was put into law in the year 2000. Individuals were allowed to keep any LCMs they previously owned when the ban went into effect.
However, in 2016, the state revised its decisions regarding the possession of LCMs. The state removed the provision allowing individuals to keep LCMs they already owned. Individuals were required to turn over their LCMs at this point.
The Ninth Circuit court revisited this ban again in 2020. At this point, the court overturned the provision regarding the possession of LCMs that occurred in 2016. This legal situation is still developing in the court system. Currently, there is a discussion over whether individuals are allowed to acquire new LCMs or if they are merely allowed to keep LCMs they previously owned.
The Current Language of PC 32310 in Los Angeles
The legality of LCMs is currently up for debate in the court system in California. However, we can review the regulations currently covered by PC 32310 to help you understand charges for illegal acts involving LCMs. According to PC 23210, it is against the law to:
- Make an LCM
- Import an LCM into California
- Sell or buy an LCM
- Give away or lend an LCM
- Possess an LCM
However, the court may no longer restrict the ownership of an LCM. However, this does not mean it is legal to make, import, sell, or give away an LCM. You can discuss the restrictions on LCMs further with our team at the Simmrin Law Group. We’re standing by to answer your questions when you call (310) 997-4688.
Penalties for a PC 32310 Conviction in California
The penalties for PC 32310 convictions can vary greatly, depending upon the facts of the case. Previously, the possession of LCMs was considered an infraction in California. This meant that individuals found with an LCM had to pay a fine of $100.
This $100 fine applied for each LCM in an individual’s possession. However, as of 2020, individuals may not face a fine for the possession of LCMs.
Individuals can still face charges for other acts involving LCMs in Los Angeles. Buying, selling, making, or importing an LCM could result in either misdemeanor or felony charges. The prosecution will decide how to handle these charges.
A misdemeanor conviction under PC 32310 leads to:
- Fines of up to $1,000
- Incarceration of up to one year
Individuals end up with more serious penalties for a felony conviction. Felony charges for the misuse of LCMs can result in:
- Fines of up to $10,000
- Incarceration for up to three years
A weapons charges lawyer in Los Angeles can help you learn more about the restrictions on LCMs. We’ll help you focus on the most up-to-date information regarding PC 32310 charges.
Charges Like PC 32310 in Los Angeles
The state of California restricts many different types of weapons. The state also restricts the ownership of some items that attach to firearms, like LCMs. The court uses different laws to prosecute the possession of these items, including:
- Possession of armor-piercing ammunition
- Possession of bump stocks
- Possession of a silencer
Many of these items are attached to firearms around the state of California. Note that attaching some of these items to a firearm will make the gun an “assault weapon.” It is against the law to possess or use assault weapons in our state. Using these weapons against other people can also result in serious charges, such as attempted murder.
PC 32310 Charges and Legal Defenses in California
The court has recently overturned some regulations surrounding the possession of LCMs in the state of California. However, you could still face criminal charges for making, importing, or selling LCMs. In this situation, a criminal defense lawyer in Los Angeles could step in to help you. Your lawyer could argue that:
You Were Coerced into Confessing
Sometimes, police officers overstep their legal bounds while trying to secure a confession. They may subject you to overbearing actions. You could end up confessing to crimes involving LCMs because you are worried about your safety. Make sure you inform your lawyer if you were forced into making a confession.
The Police Used Entrapment
Police officers are not allowed to entrap individuals in California. Entrapment involves luring someone into committing a crime. For example, a police officer could badger an individual into purchasing an LCM. In this situation, you should talk to a lawyer.
You Were Searched without Probable Cause
Members of the police are required to respect your rights, even if they believe you made or sold an LCM. Contact a lawyer if the police conducted a search while violating your Constitutional rights.
Talk to a Lawyer About Penal Code 32310 Charges
Contact a member of the Simmrin Law Group if you have questions about the recent changes to Penal Code 32310. Ask us about restrictions on large-capacity magazines in California. Get help from a Los Angeles criminal defense lawyer if you are facing PC 32310 charges. Just call (310) 997-4688 or fill out our online contact form.
We’ll review your situation if you reach out to us for a free consultation.