March 30, 2026
Court of Appeal of the State of California, First Appellate District, Division One
The Rule of People v. Newt is that "receiving" a large-capacity magazine under Penal Code section 32310(a) requires evidence beyond mere possession, specifically evidence as to the provenance of the magazine (such as that defendant bought or received it after January 1, 2000, from someone who manufactured, imported, kept for sale, offered for sale, gave, or lent it), under circumstances where the prosecution seeks a felony conviction for "receiving" rather than a misdemeanor conviction for "possessing" under subdivision (c).