Magazine Capacity

Last reviewed October 31, 2026

Magazine Capacity: Where It Stands in 2026

Magazine capacity laws cap how many rounds a detachable magazine may hold, most often at 10, sometimes at 15 or 17. Laws that use the term “large-capacity magazine” (LCM) apply that label to anything above the state’s limit, even though magazines of 15 to 30 rounds are the factory standard for many of the most popular handguns and rifles sold in the United States. Some states ban only the sale, manufacture and import of these magazines; others also ban possession, which means owners must surrender, sell out of state or permanently modify them.

There is no federal limit today. The 1994 federal ban on new magazines over 10 rounds expired in 2004 along with the federal assault weapons ban. As of October 2026, roughly 14 states plus the District of Columbia restrict magazine capacity, and two more have laws on the books that are not in force. Supporters argue that limits reduce the number of shots fired before a mass shooter must reload. Opponents argue that standard-capacity magazines are owned in the hundreds of millions for self-defense and other lawful purposes, making them protected “arms” in common use under Heller and Bruen.

The courts are now openly divided. The en banc Ninth Circuit upheld California’s possession ban in Duncan v. Bonta in March 2025, and the challengers’ Supreme Court petition (No. 25-198) has been pending since August 2025. On July 17, 2026, the en banc Third Circuit reached the opposite result, holding New Jersey’s 10-round limit unconstitutional and rejecting the argument that magazines are mere accessories; that ruling was stayed on August 4, 2026, so New Jersey’s limit is still enforced. A 2026 panel decision of the D.C. Court of Appeals striking the District’s limit (Benson v. United States) was vacated when the court granted rehearing en banc. The Supreme Court has agreed to hear rifle-ban cases (Viramontes and Grant, argued December 2, 2026), and the magazine petitioners have asked the Court to decide their issue alongside them. Rifle bans are covered on the Assault Weapons page.

Key Facts

• 1994 to 2004: The federal ban on manufacturing new magazines over 10 rounds was in effect; it expired September 13, 2004.
• March 20, 2025: The en banc Ninth Circuit upheld California’s ban in Duncan v. Bonta; the Supreme Court petition (No. 25-198) remains pending as of October 2026.
• May 2025: The Washington Supreme Court upheld that state’s sales ban in State v. Gator’s Custom Guns; a Supreme Court petition (No. 25-153) is also pending.
• June 2, 2025: The Supreme Court declined to review Rhode Island’s 10-round possession ban in Ocean State Tactical v. Rhode Island.
• July 1, 2026: Virginia’s SB 749 limit on sales of magazines over 15 rounds was set to begin, but state-court injunctions have blocked enforcement.
• July 17, 2026: The en banc Third Circuit struck down New Jersey’s 10-round limit; the ruling was stayed on August 4, 2026.
• Oregon: Measure 114’s 10-round limit (approved 2022) is not in effect; 2026 implementing legislation pushed it to 2027 at the earliest while state-court litigation continues.

What Gun Owners Should Know

• Check whether your state bans sale only or possession too. In sales-only states, lawfully owned magazines can usually be kept; in possession states, grandfathering may be limited or absent.
• Capacity limits often apply to the magazine’s ability to hold rounds, not how many are loaded. Many states require permanent modification, such as a pinned or riveted block, for a magazine to count as compliant.
• Do not carry or ship standard-capacity magazines into a restricted state. Even brief possession while traveling can be charged, and federal safe-passage protection is narrow.
• Expect change in 2027. A Supreme Court ruling in the rifle cases, or a grant in Duncan, could affect every capacity law at once. Follow official guidance until a law is actually enjoined or repealed.
• Magazine types, compliant versions and history are covered at Magazine Buyers Guide.net; questions can be submitted at Ask Gun Questions.com.
• Related reading: State Gun Bans and Court Cases.

Sources

• Supreme Court Docket No. 25-198, Duncan v. Bonta
• Duke Center for Firearms Law: Third Circuit strikes down New Jersey’s restrictions
• AmmoLand: Third Circuit split could push California magazine ban before Supreme Court
• OPB: Oregon lawmakers weigh Measure 114 implementation