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Proposition 63 Background Checks on Ammo Purchases

Proposition 63 Background Checks Ammo Purchases

What is Proposition 63?

Proposition 63 is the California ballot proposition that passed as of November 8, 2016. Prop 63 requires background checks and a California Department of Justice (DOJ) authorization in order to purchase ammunition. Additionally, Proposition 63 banned the possession of high-capacity ammunition magazines that are over ten (10) pounds.

What is a High-Capacity Magazine?

A high-capacity magazine is a firearm magazine that may hold more than ten (10) or fifteen (15) rounds of ammunition.

What is the Current Law Regarding Large-Capacity Magazines?

Penal Code Section 32310 makes a crime to:

  • Manufacture; or
  • cause to be manufactured;
  • limport into the state;
  • keep for sale; or
  • offer or exposes for sale;
  • or who give, lend, buy, or receive any large-capacity magazine

Does Proposition 63 Affect Any Existing Penal Code Section?

Yes, Proposition 63 added Penal Code Section 32310(c) and (d). Penal Code Section 32310(c) makes the possession of large-capacity ammunition magazines an infraction or a misdemeanor. Additionally, Penal Code Section 32310(d) requires owners of large-capacity ammunition magazines to dispose of their magazines by either removing them from the state, selling them to a licensed firearms dealer, or surrendering them altogether to law enforcement.

Does Proposition 63 and its ban on Large-Capacity Magazines Violate the Second Amendment of the United States?

Proposition 63’s ban on large-capacity ammunition magazines was ruled unconstitutional by the Ninth Circuit of California. Specifically, Judge Kenneth Lee wrote the majority’s opinion and stated that “the state could ban virtually anything if the test is merely whether something causes social ills when someone other than its lawful owner misuses it. Adopting such a radical position would give the government carte ban to restrict the people’s liberties under the guise of protecting them.” Duncan v. Becerra, Ninth Circuit Court of Appeals, August 14, 2020.

Can You Be Prosecuted for Violating Proposition 63?

The possession of a large-capacity magazine is no longer a crime. However, moving forward it is still a crime to manufacture and sell large-capacity magazines may still be illegal, even though the law is still unclear in this regard.

Los Angeles Criminal Defense Attorneys

For more information about how the large-capacity magazines, schedule a consultation by contacting our Los Angeles criminal defense attorneys at KAASS Law at (310) 943.1171.

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