13.74.010 High-capacity magazines prohibited--Time limit for compliance--Exceptions.
A. No person may possess a High-capacity magazine in the City of Berkeley whether assembled or disassembled.
B. Any person who, prior to the effective date of this section, was legally in possession of a High-capacity magazine shall have ninety (90) days from such effective date to do either of the following without being subject to prosecution:
1. Remove the High-capacity magazine from the City of Berkeley;
2. Surrender the High-capacity magazine to the Berkeley Police Department for destruction; or
3. Lawfully sell or transfer the large-capacity magazine in accordance with Penal Code Section 12020.
C. This Chapter shall not apply to the following:
1. Any federal, state, county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties;
2. Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to possess a large-capacity magazine and does so while acting within the course and scope of their duties;
3. A forensic laboratory or any authorized agent or employee thereof in the course and scope of their duties;
4. Any entity that operates an armored vehicle business pursuant to the laws of the state, and an authorized employee of such entity, while in the course and scope of their employment for purposes that pertain to the entity’s armored vehicle business;
5. Any person who has been issued a license or permit by the California Department of Justice pursuant to Penal Code Sections 18900, 26500-26915, 31000, 32315, 32650, 32700-32720, or 33300, when the possession of a large-capacity magazine is in accordance with that license or permit;
6. A licensed gunsmith for purposes of maintenance, repair or modification of the large-capacity magazine;
7. Any person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or ammunition pursuant to federal or state law, and the person possesses the large-capacity magazine no longer than is reasonably necessary to deliver or transport the same to a law enforcement agency;
8. Any person lawfully in possession of a firearm that the person obtained prior to January 1, 2000, if no magazine that holds fewer than 10 rounds of ammunition is compatible with the firearm and the person possesses the large-capacity magazine solely for use with that firearm.
9. Any retired peace officer holding a valid, current Carry Concealed Weapons (CCW) permit issued pursuant to the California Penal Code. (Ord. 7465-NS § 2 (part), 2016)