Are MAC-10s Legal in California? Bans, Penalties, and Exceptions

MAC-10s are not legal to own in California for nearly anyone. The state bans the firearm by name as an assault weapon, its design features independently trigger the ban even for clones sold under other brands, and full-auto versions run into California’s separate machine gun prohibition. The only people who can lawfully possess one are the small number who registered theirs with the Department of Justice before a 1992 deadline, and a narrow class of permit holders who use them for commercial purposes like film production or law enforcement sales.

Banned by Name Under the Assault Weapons Act

California’s Roberti-Roos Assault Weapons Control Act of 1989 lists specific firearms banned by make and model, now codified at Penal Code section 30510. MAC-type firearms appear in both the rifle and pistol categories. The rifle list names the RPB Industries Inc. sM10 and sM11 and the SWD Incorporated M11. The pistol list adds the Advance Armament Inc. M-11 and the Military Armament Corp. Ingram M-11 alongside the RPB and SWD models.1California Legislative Information. California Code PEN 30510

When a firearm is named in the statute, no modification saves it. Removing a threaded barrel or pinning a stock changes nothing. The designation on the receiver is enough.

These firearms have been controlled since December 31, 1991, and had to be registered with the Department of Justice by March 31, 1992.2California Department of Justice. Assault Weapons Identification Guide If you didn’t register one before then, there is no way to do so now.

Clones and Variants Are Caught by the Feature Ban

A manufacturer can rebrand a MAC-style pistol under a name that doesn’t appear on the section 30510 list, but Penal Code section 30515 catches it anyway. Section 30515 defines assault weapons by physical characteristics rather than model name. For a semi-automatic pistol with a detachable magazine, any one of the following features makes it an assault weapon: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 (a standard slide doesn’t count)
  • The capacity 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. Its boxy receiver places the magazine well ahead of the pistol grip, and most versions have a threaded barrel. Many clones also carry a barrel shroud or a second grip. One feature is enough; MAC-style guns check several.4State of California – Department of Justice – Office of the Attorney General. Assault Weapons Laws – Category Three

Full-Auto Versions Face the Machine Gun Ban

The original MAC-10 was built as a compact submachine gun capable of fully automatic fire. Any full-auto version runs into Penal Code section 32625, which prohibits possessing or transporting a machine gun outside narrow law enforcement and military exemptions. A conviction carries imprisonment or a fine of up to $10,000, or both.5California Legislative Information. California Code PEN 32625

Federal law is a separate track. Under 18 U.S.C. § 922(o), it is unlawful to transfer or possess any machine gun not lawfully possessed before May 19, 1986.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Pre-1986 machine guns can be transferred in many states with a $200 federal tax stamp, but California does not honor that route. A valid federal registration and paid tax do not let you bring the firearm into California. A full-auto MAC-10 therefore hits three overlapping bans: named assault weapon, feature-based assault weapon, and machine gun. Prosecutors stack charges from all three.

Penalties for Possession

Possessing an unregistered assault weapon under Penal Code section 30605 is a wobbler. Prosecutors can charge it as a misdemeanor with a maximum of one year in county jail, or as a felony carrying 16 months, two years, or three years in state prison. Criminal history, the circumstances of the arrest, and any related weapons charges 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 full-auto, the machine gun charge under section 32625 layers on its own prison term and up to $10,000 in fines.5California Legislative Information. California Code PEN 32625 A single firearm can generate multiple felony counts.

Who Can Legally Own One

A small number of Californians lawfully own MAC-type firearms because they completed registration before the March 31, 1992 deadline. Those registrations remain valid. What registered owners cannot do is transfer the firearm to another private citizen: no sales, gifts, loans, or pawns, including to family.8State of California – Department of Justice – Office of the Attorney General. Registered Assault Weapons – Frequently Asked Questions

If a registered owner dies, the heir has 90 days to render the weapon permanently inoperable, sell it to a licensed dealer holding 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 Simply keeping the gun and continuing the registration under a new name is not an option.

California does issue Dangerous Weapons Permits that authorize possession of otherwise-banned firearms, but the recognized purposes are commercial. Under 11 CCR section 4128, permits go to those making sales to law enforcement and military, doing government contract work, or supplying props for commercial film and television.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 must find that issuing the permit will not endanger public safety.10California Department of Justice. Dangerous Weapons License/Permit Application Checklist Personal protection and recreational shooting are not recognized good causes.

Bringing One Into the State From Elsewhere

Federal law under 18 U.S.C. § 926A provides “safe passage” for people transporting firearms through states where they would otherwise be illegal. The firearm must be unloaded, and neither the gun nor any ammunition can be readily accessible from the passenger compartment. In a vehicle without a separate trunk, the firearm must be in a locked container that is not the glove compartment or console.11Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms

Safe passage only protects travel between two places where you may lawfully possess the firearm. Because you cannot lawfully possess a MAC-10 in California, arriving with one puts you in violation of state law the moment you enter with intent to stay. Even transit through California carries risk if the firearm is discovered during a stop. Shipping through a licensed dealer to your destination state and routing travel around California is the safer approach.