MAC-10s are not legal to own in California for almost anyone. The state bans them by name as assault weapons, bans their design features separately, and bans the full-auto versions a third time as machine guns. The only civilians who can legally keep one are the small number who registered the firearm with the California Department of Justice before March 31, 1992.
Banned by Name and by Design
California’s Roberti-Roos Assault Weapons Control Act of 1989 created a list of firearms prohibited by make and model, now codified at Penal Code section 30510. MAC-type firearms appear on that list in both the rifle and pistol categories, including models from RPB Industries, SWD Incorporated, Advance Armament, and Military Armament Corp.1California Legislative Information. California Code PEN 30510 If the firearm bears one of those designations, it is an assault weapon under California law. Modifications don’t change that. The name alone is enough.
These firearms have been controlled since December 31, 1991, and the registration window with the Department of Justice closed on March 31, 1992.2California Department of Justice. Assault Weapons Identification Guide If you missed that deadline, there is no later path to register one.
The named list isn’t the only barrier. Penal Code section 30515 defines assault weapons by physical characteristics, so a MAC-style clone sold under a different brand still gets caught. For a semi-automatic pistol with a detachable magazine, any one of the following features triggers the ban:3California Legislative Information. California Code PEN 30515
- A threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer
- A second handgrip forward of the trigger guard
- A barrel shroud that lets the shooter hold the barrel area without being burned
- The ability to accept a detachable magazine at a location other than inside the pistol grip
The classic MAC-10 design hits at least two of these. The magazine seats forward of the pistol grip, and most versions ship with a threaded barrel. Clones often add a shroud or forward grip on top of that. One feature is enough; a MAC-10 checks several.4State of California – Department of Justice – Office of the Attorney General. Assault Weapons Laws – Category Three
Full-Auto Models Face a Third Ban
The original MAC-10 was built as a compact submachine gun capable of fully automatic fire. California Penal Code section 32625 makes it illegal for any person to possess or transport a machine gun outside narrow law enforcement and military exemptions, with a conviction carrying imprisonment, a fine of up to $10,000, or both.5California Legislative Information. California Code PEN 32625
Federal law adds another layer. Under 18 U.S.C. § 922(o), it is unlawful to transfer or possess any machine gun that was not lawfully possessed before May 19, 1986.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A pre-1986 machine gun registered on the federal registry can be transferred in many other states with a $200 tax stamp. California does not honor this. Even a valid federal registration and paid transfer tax will not let you bring a pre-1986 MAC-10 into the state. A full-auto model therefore sits under three overlapping bans at once: named assault weapon, feature-based assault weapon, and machine gun. Prosecutors can stack charges from all three.
Standard Magazines Are Also Illegal
Standard MAC-10 magazines hold 30 or 32 rounds. California Penal Code section 32310 prohibits manufacturing, importing, selling, giving, lending, buying, or receiving any large-capacity magazine, defined as anything holding more than 10 rounds. Possession is a misdemeanor or infraction. Even setting aside the ban on the firearm itself, feeding one with its standard magazines would be a separate offense.
What Possession Can Cost You
Possessing an unregistered assault weapon under Penal Code section 30605 is a wobbler. Prosecutors can file it as a misdemeanor, with a maximum of one year in county jail, or as a felony punishable by 16 months, two years, or three years in state prison. Criminal history and the circumstances of the arrest usually drive that decision.
Manufacturing, distributing, transporting, or importing an assault weapon is always a felony under Penal Code section 30600, punishable by four, six, or eight years in prison.7California Legislative Information. California Code PEN 30600 Selling or giving one to a minor adds a consecutive one-year enhancement.
If the firearm is a full-auto model, the machine gun charge under section 32625 adds its own prison term and up to $10,000 in fines on top of the assault weapon counts.5California Legislative Information. California Code PEN 32625 One firearm can produce multiple felony counts.
The Narrow Pre-1992 Registration Exception
A small number of Californians legally own MAC-type firearms because they registered them before the March 31, 1992, deadline. Those registrations remain valid, but what a registered owner can do with the gun is tightly limited. You cannot sell, transfer, give, lend, or pawn a registered assault weapon to another private citizen, including family members.8State of California – Department of Justice – Office of the Attorney General. Registered Assault Weapons – Frequently Asked Questions
When a registered owner dies, the heir has 90 days to render the weapon permanently inoperable, sell it to a licensed dealer with a dangerous weapons permit, obtain their own permit from the Department of Justice, or remove the weapon from California entirely.8State of California – Department of Justice – Office of the Attorney General. Registered Assault Weapons – Frequently Asked Questions There is no option to simply keep it under a new registration.
Registered owners also face strict rules on handling. The firearm must be unloaded and stored in a locked container during transport, and it can only move between specific locations such as the owner’s home, a licensed range, or a gunsmith. You cannot rent it out, and any gunsmith who takes it in for repairs must hold an assault weapon permit.8State of California – Department of Justice – Office of the Attorney General. Registered Assault Weapons – Frequently Asked Questions
Dangerous Weapons Permits Are Not a Civilian Path
California does issue Dangerous Weapons Permits that authorize possession of otherwise-banned firearms, but the recognized reasons under 11 CCR section 4128 are narrow and commercial: sales to law enforcement and military, government contract work, and use as props in film and television productions.9Cornell Law Institute. 11 CCR 4128 – General The applicant must show clear and convincing evidence of a genuine market or public need, and the Department of Justice has to find that issuing the permit won’t endanger public safety.10California Department of Justice. Dangerous Weapons License/Permit Application Checklist Personal protection and recreational shooting are not recognized good causes. For a private owner, this permit is not a route to legal ownership.
Bringing One Across the State Line
Federal law under 18 U.S.C. § 926A offers a “safe passage” protection for people transporting firearms through states where the gun would otherwise be illegal. The firearm must be unloaded and inaccessible from the passenger compartment, in a locked container other than the glove box or console if the vehicle has no separate trunk.11Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms
That protection only covers travel between two places where you may lawfully possess the firearm. If California is your destination, § 926A does nothing for you, because the gun is illegal to possess there. Even transit through California carries real risk if the firearm is discovered, since you would need to show convincingly that you were only passing through to a legal destination. Shipping the firearm through a licensed dealer to the destination state and routing travel around California is the safer approach.