Third, the panel held that decisions in other circuits were distinguishable.

Second, the panel held that Section 32310’s near-categorical ban of LCMs substantially burdened core Second Amendment rights. Penal Code § 32310 struck at the core right of law-abiding citizens to self-defend by banning LCM possession within the home. ( ORDER HERE.)įirst, the panel held that Cal. 6.1.WHAT HAPPENED: Today, a panel of the 9th Circuit Court of Appeals affirmed (by a 2-1 vote) a federal district court's ruling that so-called 'large capacity' magazines are protected by the Second Amendment. (Amended November 8, 2016, by initiative Proposition 63, Sec. (3) Surrender the large-capacity magazine to a law enforcement agency for destruction. (2) Sell the large-capacity magazine to a licensed firearms dealer or

(1) Remove the large-capacity magazine from the state (d) Any person who may not lawfully possess a large-capacity magazine commencing Jshall, prior to July 1, 2017: (c) 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 July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. (b) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine. (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, any person in this state who 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 is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

California penal code 32310