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Assail Weapon Restrictions

With limited exceptions, California prohibits anyone from possessing an assault weapon (every bit divers by state police), unless they lawfully possessed the firearm prior to the date it was defined as an assault weapon and registered the firearm with the California Section of Justice ("DOJ") inside the timeframes established past state law.one

California besides generally prohibits any person from manufacturing, distributing, transporting, importing, keeping for sale, offer for sale, giving, or lending an assail weapon within the state.2 DOJ may, upon a finding of good cause, issue permits for the industry, auction, or possession of assault weapons to sure law enforcement agencies and officers and to canonical individuals over the age of eighteen.3 DOJ must conduct a yearly inspection – or every five years if the person to be inspected has fewer than v permitted devices – of every person to whom a permit is issued, for security and safe storage practices, and to reconcile the inventory of assault weapons.4 Generally, no lawfully possessed assault weapon may be sold or transferred to anyone within California other than to a licensed gun dealer or to a police or sheriff's department.5

Definition of Attack Weapon

California law defines assault weapons in two ways:

First, state law includes a list of specific firearm models and types that are designated as assail weapons, including all AK series and Colt AR-15 series firearms.6 (California'due south Attorney Full general is required to maintain an updated list specifying all such firearms).7

Second, California's assault weapons constabulary also designates firearms every bit attack weapons if they comprise certain features most unremarkably used for offensive, instead of defensive, shooting purposes:8 Firearms that fall within any of the following categories are more often than not divers equally assault weapons based on this features test:

  • A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and at least one of the following additional features:
    (1) a pistol grip that protrudes clearly below the activeness of the weapon;
    (2) a thumbhole stock;
    (3) a folding or telescoping stock;
    (4) a grenade or flare launcher;
    (5) a flash suppressor; or
    (6) a forward pistol grip;9
  • A semiautomatic, centerfire rifle that has a fixed mag with the capacity to accept more than ten rounds;
  • A semiautomatic, centerfire rifle that has an overall length of less than 30 inches;
  • A semiautomatic pistol that has the capacity to accept a detachable magazine and whatsoever i of the following: ane) a threaded butt, capable of accepting a wink suppressor, forward handgrip, or silencer; 2) a 2d handgrip; three) a shroud that is fastened to, or partially or completely encircles, the barrel assuasive the bearer to fire the weapon without called-for his or her hand, except a slide that encloses the barrel; or iv) the chapters to take a detachable magazine at some location outside of the pistol grip;
  • A semiautomatic pistol with a fixed magazine that has the capacity to accept more ten rounds;
  • A semiautomatic shotgun that has both a folding or telescoping stock, and a pistol grip that protrudes clearly beneath the action of the weapon, thumbhole stock, or vertical handgrip;
  • A semiautomatic shotgun that has the power to accept a detachable magazine;
  • A shotgun with a revolving cylinder; or
  • A semiautomatic centerfire firearm that is non technically a rifle, pistol, or shotgun, if information technology either has a stock-still magazine with the chapters to take more than ten rounds, has an overall length of less than 30 inches, or does non have a fixed magazine only has at least ane of the features associated with assault weapons, as described to a higher place.10

Exceptions

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

Lawful Use of Registered Attack Weapons

California law provides of import limitations on the use of lawfully registered assault weapons as well to protect the public safety. Unless are person obtains a special weapons permit from DOJ authorizing boosted attack weapon uses, people owning lawfully registered assail weapons must mostly only possess their assault weapons in the following circumstances:xiii

  • At the person's residence, place of business organisation, or other property owned past that person, or on property owned by another with the owner's express permission;
  • While on certain target ranges and shooting clubs;
  • While on publicly owned land if specifically permitted by the managing agency of the state; or
  • While properly transporting the firearm between any of the places mentioned in a higher place, or to any licensed gun dealer for servicing and repair.14

California law includes a legislative declaration regarding the dangers assault weapons present to public rubber:

"The Legislature hereby finds and declares that the proliferation and apply of assault weapons poses a threat to the health, safe, and security of all citizens of this state. The Legislature has restricted the assail weapons specified in Section 30510 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function equally a legitimate sports or recreational firearm is essentially outweighed by the danger that it can be used to kill and injure human beings."xv

California law also provides that the possession of an assault weapon in violation of state laws is a public nuisance. Every bit a outcome, the Chaser General, whatsoever district chaser, or any city attorney may, in lieu of criminal prosecution, bring a ceremonious action or reach a civil compromise in whatsoever superior court to enjoin the possession of the set on weapon that is a public nuisance.xv

Regulating Assault Weapons is Constitutional

The courts have repeatedly rejected legal challenges to California's assault weapons law.16

Meet DOJ's Set on Weapon FAQs folio for further information.

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  1. Cal. Penal Lawmaking § 30605. See generally Cal. Penal Lawmaking §§ 30600-30675, 30900-30965, 31000-31005. For country assault weapon regulations, see Cal. Lawmaking Regs. tit. 11, §§ 5459-5473, 5495, 5499. DOJ's website also includes data about the evolution of these regulations.[↩]
  2. Cal. Penal Code § 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 Lawmaking § 30515.[↩]
  9. In 2016, California enacted a police force to provide a statutory definition for the term "detachable magazine" in order to analyze that so-called "bullet button" weapons are restricted set on weapons. The bullet button loophole previously allowed firearm manufacturers to sell "California-compliant" assault 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 January 1, 2017, were authorized to retain them if they timely registered their weapons with DOJ. Run into 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 "assault weapon" to include these firearms in order to address efforts past the firearm manufacture to open a loophole in the law by developing new hybrid weapons that generally run into the definition of assail weapon only are not technically rifles, pistols, or shotguns. See 2020 CA SB 118, Sec. 38-39 (enacting Cal. Penal Code § 30515(a)(ix) – (11) and Cal. Penal Code § 30685).

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

  11. Cal. Penal Code § 16170(a).[↩]
  12. Cal. Penal Code § 30515(c). [↩]
  13. Cal. Penal Code §§ 30945, 31000.[↩]
  14. The person may also possess the set on weapon while attending an exhibition, display, or educational project about firearms which is sponsored by, conducted under the auspices of, or approved by a police force enforcement bureau or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms. Id. [↩]
  15. Cal. Penal Lawmaking § 30800(a). Any assail weapon possessed in violation of country laws must exist destroyed, except upon finding by a court, or a declaration from DOJ, a district attorney, or a city chaser stating that the preservation of the assail weapon is in the interest of justice. Cal. Penal Lawmaking § 30800(c). State law also provides that when a person is convicted of any misdemeanor or felony involving the illegal utilize or possession of an assail weapon, the set on weapon in question must be deemed a public nuisance and disposed of pursuant to Cal. Penal Code § 18005(c). Cal. Penal Code § 30800(d).[↩]
  16. Encounter Kasler v. Lockyer, 2 P.3d 581 (Cal. 2000) (belongings, inter alia, that California'south assault weapons ban does not violate equal protection of the law considering the statute does not burden a fundamental ramble right to "carry arms," as no such right exists under the California constitution). See also Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002) (rejecting federal constitutional challenges to the ban, holding, inter alia, that the Second Amendment only protects the commonage right of the people to maintain well-regulated militias). Note, however, that the Supreme Courtroom has afterwards held, in Commune of Columbia five. Heller, 554 U.S. 570 (2008), that the 2d Amendment protects the right of individuals to go on and bear arms, unconnected with service in a militia. The Courtroom inHeller noted, withal, that the Second Subpoena is consistent with laws banning "unsafe and unusual weapons." Id. at 2817. Since theHeller decision, several federal courts have upheld assault weapons bans that were challenged on Second Amendment grounds. For more than data, see our Post-Heller Litigation Summary section.[↩]