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As of January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.
Additional information on the Roster of Certified Handguns can be found at California Code of Regulations, title 11, section 4070.
1. What is an assault weapon in California? How does the Federal definition differ from California’s?
There’s no more Federal definition of the term assault weapon; assault weapons simply do not exist anymore at a Federal level. The 1994 Federal “Crime Bill” banning various so-called semiautomatic assault weapons and firearm configurations expired (“sunset”) in September 2004. The fact that the 1994 Federal ban had zero effect on crime reduction helped bring the sunset about.
[Sometimes terms preban and postban are still bandied about; traditionally these are in reference to the Federal ban and not the varying individual state bans. Due to the Federal sunset, these really have no legal relevance, and are mere descriptive terms. Preban meant guns made before Sept 13, 1994, or configurations thereof; postban meant guns built after this date, or configurations thereof, but before 14 Sep 2004.]
More generally, postban broadly referred to guns that were semiautomatic rifles without flash hiders, folding stocks, or bayonet lugs - thus allowing them to have pistol grips and detachable magazines under the Federal law. The “Crime Bill” had allowed grandfathering of preban semiautomatic assault weapons, with a full complement of “evil features”) so they could be possessed, bought, sold, traded and used – but allowed only commercial manufacture/sale of newly-built guns in postban configuration. (Further new manufacture of high capacity magazines for sporting/commercial use was also banned; existing “hicap” magazines at the time were grandfathered and could be bought, sold, traded, etc. The Federal ban on hicap magazines has similarly expired.)
However, the state of California recognizes various assault weapon definitions. While some concepts partially overlapped those encompassed in the now-expired Federal ban, they differ substantially in many aspects. Some such firearms in California were initially banned due to the 1989 Roberti-Roos Assault Weapon Control Act (AWCA ’89); others were banned due to the language in this law being interpreted in two court decisions. Still another group is defined by “evil features”, and banned by legislation passed in 1999 (“SB23”). In California, semiautomatic centerfire rifles with detachable magazines cannot have any other “evil features” like pistol grips, flash hiders, folding or thumbhole stocks, etc. Thus, for example, California M1A rifles have muzzle brakes instead of original flash hiders.
2. What are the three California assault weapon classifications?
The original AWCA ’89 (“Roberti-Roos”) banned over fifty specific brands and models of firearms – while mostly rifles, some were pistols and shotguns.
Many other similar models from other manufacturers existed at the time, these were not banned: AWCA ’89 banned only specifically named assault weapons. A few of these weapons, in fact, were not even pistol-gripped ‘ugly’ guns: for example, the Springfield Armory BM59 (essentially a Garand with detachable magazine), and the SKS with detachable magazine were both banned by this act. Yet these firearms are topologically similar to current California-legal detachable-magazine rifles like the M1A, Ruger Mini 14, and KelTec SU16.
While the categories below have no real penal code significance in and of themselves, they are used as common terms of reference to describe various assault weapons.
Category I assault weapons are those specifically named by make and model in Penal Code §12276 (and echoed in California Code of Regulation §979.10). These firearms are assault weapons at even the bare receiver/frame level – regardless of any particular characteristic features. Thus an Uzi receiver would be banned by name, but a similar Group Industries receiver would be legal (as long as offending Category III features were not added).
Category II assault weapons consist of the AR15 and AK “series” of firearms. While AR and AK series were named in the original Roberti-Roos laws, due to various key court decisions about “series” membership it’s useful to refer to them as their own category, those these guns really have just fallen back into the Roberti-Roos list once listed by DOJ.
Category III assault weapons are defined by characteristic features listed in PC 12276.1:
RIFLES:
A semiautomatic centerfire rifle capable of accepting detachable magazines and any of:
â–ª a pistol grip protruding conspicuously below the weapon’s action
â–ª a thumbhole stock or folding or telescopic stock;
â–ª a flash suppressor, grenade launcher or flare launcher;
â–ª a forward pistol grip.
A semiautomatic centerfire rifle with overall length of less than 30 inches;
A semiautomatic centerfire rifle with a fixed magazine holding over 10 rounds.
PISTOLS:
A semiautomatic pistol capable of accepting detachable magazines and any of the following:
â–ª a threaded barrel;
â–ª a second handgrip;
â–ª capacity to accept a detachable magazine at some location outside the pistol grip;
â–ª a shroud attached to, or partially or completely encircles, the barrel allowing
bearer to fire weapon without burning his/her hand, except for a slide enclosing
the barrel;
A semiautomatic pistol with a fixed magazine having capacity to accept over 10 rounds.
SHOTGUNS:
A semiautomatic shotgun having both of the following:
â–ª a folding or telescoping stock;
â–ª a pistol grip protruding conspicuously beneath the action of the weapon,
a thumbhole stock, or a vertical handgrip.
A semiautomatic shotgun with the ability to accept detachable magazines;
Any shotgun with a revolving cylinder.