The Department of Justice (Department or DOJ) finds that an emergency exists, and that the
immediate adoption of sections within Chapter 39, of Division 5, of Title 11 is necessary to
avoid serious harm to the public peace, health, safety, or general welfare.
Specific Facts Demonstrating the Need for Immediate Action
Proposition 63, a measure banning the possession of large-capacity magazines, was approved by
the voters on November 8, 2016 and took effect November 9, 2016. In anticipation of its
passages, the Legislature pre-amended Proposition 63 with the passage of Senate Bill 1446
(Chapter 48, Statutes of 2016). The clarifying amendments take effect on January 1, 2017.
Pursuant to Proposition 63, as amended, beginning July 1, 2017, it will be an infraction
punishable by a fine for a person to possess any large-capacity magazine, regardless of the date
the magazine was acquired. (Penal Code, § 32310, subdivision (b).) The new law requires a
person in lawful possession of a large-capacity magazine prior to July 1, 2017 to dispose of the
magazine. Some persons are exempt from the ban, including active and retired law enforcement,
armored car entities, and licensed gun dealers. (Penal Code, §§ 32400, 32405, 32406, 32410,
32430, 32435, 32450.) Starting July 1, 2017, anyone who violates the ban is subject to a year in
jail, and a $100 fine for a first offence, $250 fine for a second offense, and a $500 fine for a third
offense. (Penal Code § 32310, subdivision (b).)

These emergency regulations are necessary for the implementation and on-going enforcement of
the ban on large-capacity magazines. The proposed regulations provide guidance to California
residents on how to comply with the ban. These regulations need to be established as soon as
possible so the Department has time to notify gun owners and gun owners have time to make the
necessary changes to comply with the ban.

There are likely hundreds of thousands of large-capacity magazines in California at this time. In
recent years, there has been an increase in these types of firearms on the market. The
Department therefore expects many gun owners to be affected by the new ban. Under the new
law, gun owners have six months to dispose of or permanently alter their large-capacity
magazines. Pursuant to Penal Code section 32310, subdivision (c), a person who legally
possesses a large-capacity magazine shall dispose of that magazine by any of the following
means prior to July 1, 2017: (1) remove the large-capacity magazine from the state; (2) sell the
large-capacity magazine to a licensed firearms dealer; (3) destroy the large-capacity magazine; or
(4) surrender the large-capacity magazine to a law enforcement agency for destruction.

Alternatively, gun owners may permanently alter large-capacity magazines by reducing their
ammunition capacity so that it no longer meets the definition of a “large-capacity magazine.”
Penal Code section 16740 defines “large-capacity magazine” to mean any ammunition feeding
device with the capacity to accept more than 10 rounds, but shall not be construed to include a
feeding device that has been permanently altered so that it cannot accommodate more than 10
rounds. If a gun owner chooses to permanently reduce the capacity of their large-capacity
magazines, these emergency regulations provide guidance for doing so with what the
Department has determined to be the acceptable minimum level of permanence.

By providing this information to the public in a timely manner, through the emergency process,
the Department will avert serious harm to public peace, health, safety, or general welfare.

Quoted:
Why would retired Leo's be exempt?