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Attack Weapon Restrictions

With express exceptions, California prohibits anyone from possessing an set on weapon (as divers past state law), unless they lawfully possessed the firearm prior to the date it was divers as an attack weapon and registered the firearm with the California Department of Justice ("DOJ") within the timeframes established by state law.1

California also by and large prohibits any person from manufacturing, distributing, transporting, importing, keeping for auction, offering for sale, giving, or lending an assault weapon within the country.two DOJ may, upon a finding of proficient crusade, outcome permits for the industry, sale, or possession of assail weapons to certain law enforcement agencies and officers and to approved individuals over the age of 18.3 DOJ must comport a yearly inspection – or every five years if the person to exist inspected has fewer than 5 permitted devices – of every person to whom a let is issued, for security and safe storage practices, and to reconcile the inventory of assault weapons.4 More often than not, no lawfully possessed set on weapon may be sold or transferred to anyone inside California other than to a licensed gun dealer or to a police or sheriff'southward department.5

Definition of Set on Weapon

California law defines assail weapons in two means:

Offset, state law includes a listing of specific firearm models and types that are designated as assault weapons, including all AK series and Colt AR-15 serial firearms.half dozen (California'due south Attorney Full general is required to maintain an updated list specifying all such firearms).7

2nd, California's assault weapons law too designates firearms as assault weapons if they contain certain features most normally used for offensive, instead of defensive, shooting purposes:eight Firearms that fall within whatever of the post-obit categories are generally defined as attack weapons based on this features test:

  • A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and at least 1 of the following additional features:
    (1) a pistol grip that protrudes conspicuously beneath the action of the weapon;
    (two) a thumbhole stock;
    (three) a folding or telescoping stock;
    (4) a grenade or flare launcher;
    (5) a flash suppressor; or
    (6) a forward pistol grip;nine
  • A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than x rounds;
  • A semiautomatic, centerfire rifle that has an overall length of less than 30 inches;
  • A semiautomatic pistol that has the chapters to accept a detachable magazine and any i of the following: i) a threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer; 2) a second handgrip; 3) a shroud that is attached to, or partially or completely encircles, the barrel allowing the bearer to burn down the weapon without burning his or her mitt, except a slide that encloses the barrel; or 4) the capacity to take a detachable magazine at some location outside of the pistol grip;
  • A semiautomatic pistol with a stock-still magazine that has the capacity to take more than 10 rounds;
  • A semiautomatic shotgun that has both a folding or telescoping stock, and a pistol grip that protrudes clearly beneath the activity of the weapon, thumbhole stock, or vertical handgrip;
  • A semiautomatic shotgun that has the ability to accept a detachable magazine;
  • A shotgun with a revolving cylinder; or
  • A semiautomatic centerfire firearm that is not technically a rifle, pistol, or shotgun, if information technology either has a stock-still magazine with the capacity to accept more than 10 rounds, has an overall length of less than 30 inches, or does non accept a fixed magazine just has at least one of the features associated with attack weapons, as described above.10

Exceptions

Antique firearms (i.e., firearms manufactured prior to 1899)11, and sure pistols that are designed expressly for use in Olympic target shooting events, are generally not considered assail weapons.12 California law besides does not ban kits that allow a person to catechumen a lawful firearm into an assault weapon.

Lawful Use of Registered Assail Weapons

California law provides important limitations on the use of lawfully registered set on weapons as well to protect the public safety. Unless are person obtains a special weapons allow from DOJ authorizing additional assault weapon uses, people owning lawfully registered assault weapons must generally just possess their assail weapons in the following circumstances:xiii

  • At the person'southward residence, identify of business, or other property endemic past that person, or on property owned by another with the possessor's express permission;
  • While on sure target ranges and shooting clubs;
  • While on publicly owned land if specifically permitted by the managing agency of the land; or
  • While properly transporting the firearm between whatsoever of the places mentioned above, or to any licensed gun dealer for servicing and repair.xiv

California law includes a legislative annunciation regarding the dangers attack weapons present to public safety:

"The Legislature hereby finds and declares that the proliferation and use of set on weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that each firearm has such a high charge per unit of fire and capacity for firepower that its office as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to impale and injure human beings."15

California police force also provides that the possession of an assail weapon in violation of state laws is a public nuisance. Equally a outcome, the Attorney General, any district attorney, or any urban center attorney may, in lieu of criminal prosecution, bring a civil activeness or accomplish a civil compromise in whatever superior court to enjoin the possession of the assault weapon that is a public nuisance.15

Regulating Assault Weapons is Constitutional

The courts have repeatedly rejected legal challenges to California'southward assault weapons constabulary.sixteen

See DOJ's Assault Weapon FAQs page for further information.

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  1. Cal. Penal Code § 30605. Run across more often than not Cal. Penal Lawmaking §§ 30600-30675, 30900-30965, 31000-31005. For country set on weapon regulations, see Cal. Lawmaking Regs. tit. 11, §§ 5459-5473, 5495, 5499. DOJ's website also includes information about the development of these regulations.[↩]
  2. Cal. Penal Lawmaking § 30600.[↩]
  3. Cal. Penal Code §§ 31000, 31005.[↩]
  4. Cal. Penal Code § 31110[↩]
  5. Cal. Penal Code §§ 30910, 31100.[↩]
  6. Cal. Penal Code § 30510.[↩]
  7. Cal. Penal Code § 30520.[↩]
  8. Cal. Penal Code § 30515.[↩]
  9. In 2016, California enacted a law to provide a statutory definition for the term "detachable magazine" in gild to clarify that so-called "bullet button" weapons are restricted attack weapons. The bullet button loophole previously allowed firearm manufacturers to sell "California-compliant" attack weapons equipped with a bullet button that allowed a shooter to use a bullet, wearable magnet, or other instrument, instead of his or her finger, to depress the button that releases the weapon's magazine. Individuals who lawfully obtained these weapons prior to Jan 1, 2017, were authorized to retain them if they timely registered their weapons with DOJ. See Cal. Penal Code §§ 30515, 30680, 30900 (equally amended past 2016 Cal. SB 880 and 2016 Cal. AB 1664).[↩]
  10. California passed legislation in 2020 to expand the definition of "attack weapon" to include these firearms in order to address efforts by the firearm industry to open up a loophole in the law past developing new hybrid weapons that generally run into the definition of assault weapon but are not technically rifles, pistols, or shotguns. See 2020 CA SB 118, Sec. 38-39 (enacting Cal. Penal Code § 30515(a)(nine) – (11) and Cal. Penal Lawmaking § 30685).

    People who lawfully possess such weapons prior to September one, 2020, are authorized to maintain possession of them if they lawfully register their weapon with DOJ by January 1, 2022. Cal. Penal Lawmaking §§ 30685; 30900.[↩]

  11. Cal. Penal Code § 16170(a).[↩]
  12. Cal. Penal Code § 30515(c). [↩]
  13. Cal. Penal Lawmaking §§ 30945, 31000.[↩]
  14. The person may too possess the assault weapon while attending an exhibition, display, or educational projection near firearms which is sponsored by, conducted under the auspices of, or canonical past a law enforcement bureau or a nationally or state recognized entity that fosters proficiency in, or promotes education virtually, firearms. Id. [↩]
  15. Cal. Penal Lawmaking § 30800(a). Any assault weapon possessed in violation of state laws must exist destroyed, except upon finding past a court, or a declaration from DOJ, a commune attorney, or a city attorney stating that the preservation of the assail weapon is in the involvement of justice. Cal. Penal Code § 30800(c). Country police force likewise provides that when a person is bedevilled of any misdemeanor or felony involving the illegal use or possession of an assail weapon, the assault weapon in question must be accounted a public nuisance and disposed of pursuant to Cal. Penal Code § 18005(c). Cal. Penal Code § 30800(d).[↩]
  16. Run into Kasler v. Lockyer, 2 P.3d 581 (Cal. 2000) (belongings, inter alia, that California'southward attack weapons ban does non violate equal protection of the police force because the statute does non burden a key constitutional correct to "bear arms," as no such right exists under the California constitution). See also Silveira v. Lockyer, 312 F.3d 1052 (ninth Cir. 2002) (rejecting federal constitutional challenges to the ban, holding, inter alia, that the Second Amendment only protects the collective right of the people to maintain well-regulated militias). Note, all the same, that the Supreme Court has subsequently held, in Commune of Columbia v. Heller, 554 U.S. 570 (2008), that the Second Subpoena protects the right of individuals to go along and bear arms, unconnected with service in a militia. The Court inHeller noted, nevertheless, that the Second Amendment is consistent with laws banning "unsafe and unusual weapons." Id. at 2817. Since theHeller determination, several federal courts have upheld assault weapons bans that were challenged on Second Amendment grounds. For more than data, meet our Post-Heller Litigation Summary department.[↩]