California Proposition 63, the Safety for All Act of 2016, rewrote the state’s rules on ammunition sales, large-capacity magazines, lost or stolen firearm reporting, and the surrender of guns by people who become legally barred from owning them. Voters approved it in November 2016, and its provisions took effect in stages between 2017 and 2019. Two of its biggest pieces have since been tested in federal court: the magazine possession ban was upheld in 2025, and the ammunition background check system was struck down the same year.
The Ban on Large-Capacity Magazines
Under California law, a large-capacity magazine is any ammunition feeding device that can accept more than 10 rounds. The definition carves out devices permanently altered to hold no more than 10 rounds, .22-caliber tube feeders, and tubular magazines in lever-action firearms.1California Legislative Information. California Penal Code 16740 – Large-Capacity Magazine Definition
California had restricted manufacture and sale of these magazines since 2000. Proposition 63 added simple possession to the list. Since July 1, 2017, possessing one in California is unlawful regardless of when or where you acquired it. A violation is either an infraction with a fine of up to $100 per magazine, or a misdemeanor punishable by up to one year in county jail and a fine of up to $100 per magazine.2California Legislative Information. California Penal Code 32310 – Large-Capacity Magazine
How to Comply If You Already Own One
Anyone who lawfully owned a large-capacity magazine before July 1, 2017, had to do one of four things by that date:
- Remove the magazine from California.
- Sell it to a licensed firearms dealer.
- Surrender it to a law enforcement agency for destruction.
- Permanently modify it so it cannot accept more than 10 rounds, which takes it outside the statutory definition.2California Legislative Information. California Penal Code 32310 – Large-Capacity Magazine
The possession ban does not apply to everyone. Active and retired peace officers and armored vehicle guards are among the categories exempt under Penal Code sections 32400 through 32455.3United States Court of Appeals for the Ninth Circuit. Duncan v. Bonta
Current Legal Status
The ban survived a long court fight in Duncan v. Bonta. After the Supreme Court’s 2022 decision in New York State Rifle & Pistol Ass’n v. Bruen reshaped Second Amendment review, the case went back to the district court, which struck the law down again. In March 2025, the Ninth Circuit sitting en banc reversed and held that the magazine law “comports with the Second Amendment,” ordering judgment for the state.3United States Court of Appeals for the Ninth Circuit. Duncan v. Bonta
The ban is enforceable today. The plaintiffs could seek Supreme Court review, so the litigation may continue, but the law stands.
Ammunition Sales and Background Checks
Before Proposition 63, point-of-sale ammunition purchases in California were essentially unregulated. The Act added two layers of control. Starting January 1, 2018, every ammunition sale had to be processed by a licensed ammunition vendor. Starting July 1, 2019, every buyer had to clear a background check before taking possession.
Face-to-Face Sales Through a Licensed Vendor
Penal Code 30312 requires ammunition sales to happen face-to-face through a licensed vendor. When neither the buyer nor the seller is a vendor, the seller has to deliver the ammunition to one, who then processes the transaction. Online purchases remain possible in principle, but the ammunition has to ship to a licensed vendor who hands it over in person.4California Legislative Information. California Penal Code 30312 – Ammunition Sales
How the Background Check Worked
The Department of Justice had to electronically approve each sale. It cross-referenced the buyer’s name, date of birth, address, and identification number against the Automated Firearms System, then checked the Prohibited Armed Persons File if the buyer matched an existing record. A buyer who was legally eligible but did not appear in the AFS could apply for a single-transaction approval for a fee.5California Legislative Information. California Penal Code 30370 – Ammunition Purchase Authorizations
Why Background Checks Are Not Being Enforced
In July 2025, the Ninth Circuit held in Rhode v. Bonta that California’s ammunition background check regime facially violates the Second Amendment. Applying the Bruen framework, the court found that the system meaningfully constrains the right to keep operable arms and that California had not shown the checks fit the nation’s historical tradition of firearm regulation. The court affirmed a permanent injunction against enforcement.6Justia. Rhode v. Bonta, No. 24-542 (9th Cir. 2025)
Penal Code 30370 and the vendor-processing requirements in 30312 remain on the books, but the background check requirement cannot be enforced under the current injunction. California could seek Supreme Court review, so this could change again.
Reporting a Lost or Stolen Firearm
Since July 1, 2017, every firearm owner in California has had to report the loss or theft of a firearm to local law enforcement within five days of discovering, or reasonably should have discovered, that it was missing. The report goes to the law enforcement agency in the jurisdiction where the loss or theft occurred. If the gun turns up later, the owner has another five days to report the recovery. Antique firearms, as defined in Penal Code 16170, are exempt.7California Legislative Information. California Penal Code 25250 – Reporting Lost or Stolen Firearms
Penalties escalate. The first two violations are infractions. A third or later violation is a misdemeanor, carrying up to six months in county jail, a fine of up to $1,000, or both.
Surrender of Firearms After a Prohibiting Conviction
Proposition 63 built a step-by-step process into Penal Code 29810 to make sure people convicted of firearm-prohibiting offenses actually give up their guns. Before this, the prohibition existed but enforcement of the surrender piece was uneven.
Notice and the Relinquishment Form
On conviction of a felony or other prohibiting offense, the court must tell the defendant they can no longer own, buy, or possess firearms, ammunition, or ammunition feeding devices. The court orders the defendant to relinquish all firearms and gives them a Prohibited Persons Relinquishment Form (PPRF) developed by the DOJ.8California Legislative Information. California Penal Code 29810 – Relinquishment of Firearms by Prohibited Persons
Deadlines
Timing is tight. A defendant who stays out of custody after conviction has 48 hours to relinquish all firearms. A defendant who is in custody has 14 days. If someone is released from custody during that 14-day window before a designee has taken possession of the firearms, relinquishment must be completed within 5 days of release.8California Legislative Information. California Penal Code 29810 – Relinquishment of Firearms by Prohibited Persons
How Relinquishment Works
A defendant can relinquish firearms by selling or transferring them to a licensed firearms dealer, or by turning them over to a law enforcement agency. The defendant can also designate a lawful, consenting third party to handle the handover. The completed PPRF and the receipts confirming transfer go to the court-assigned probation officer.
Probation Checks and Search Warrants
The court assigns a probation officer to investigate whether the defendant actually owns firearms, using the Automated Firearms System and sources such as police reports. Before final sentencing, the probation officer reports back on whether the defendant has fully complied: relinquished the identified firearms, completed the PPRF, and submitted it on time.8California Legislative Information. California Penal Code 29810 – Relinquishment of Firearms by Prohibited Persons
If that report does not confirm relinquishment and the court finds probable cause that the defendant failed to surrender firearms, the court must order a search of any location where it believes the firearms are stored. The warrant has to be executed within 10 days.8California Legislative Information. California Penal Code 29810 – Relinquishment of Firearms by Prohibited Persons
What’s Actually Enforceable Right Now
Three of Proposition 63’s four core pieces are operating as written: the magazine possession ban, the lost-or-stolen reporting rule, and the court-driven surrender process. The vendor-processing requirement for ammunition sales also remains on the books. The ammunition background check itself is under a permanent federal injunction after Rhode v. Bonta, and whether it ever resumes depends on further appellate action. Anyone buying ammunition or holding feeding devices in California should keep an eye on both Rhode and Duncan, because either case could still move.