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Assault Weapon Restrictions

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

California as well generally prohibits any person from manufacturing, distributing, transporting, importing, keeping for sale, offering for auction, giving, or lending an assault weapon within the state.2 DOJ may, upon a finding of good cause, issue permits for the manufacture, sale, or possession of set on weapons to certain law enforcement agencies and officers and to canonical individuals over the historic period of 18.3 DOJ must conduct a yearly inspection – or every v years if the person to be inspected has fewer than five 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 Generally, no lawfully possessed set on 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 Assault Weapon

California constabulary defines attack weapons in two ways:

Beginning, land law includes a list of specific firearm models and types that are designated equally assault weapons, including all AK series and Colt AR-15 series firearms.6 (California's Attorney Full general is required to maintain an updated list specifying all such firearms).7

Second, California's assault weapons constabulary also designates firearms as assault weapons if they incorporate certain features most normally used for offensive, instead of defensive, shooting purposes:8 Firearms that fall within any of the post-obit categories are generally divers as assault weapons based on this features test:

  • A semiautomatic, centerfire rifle that has the chapters to take a detachable magazine and at least ane of the post-obit boosted features:
    (1) a pistol grip that protrudes conspicuously beneath the action of the weapon;
    (2) a thumbhole stock;
    (3) a folding or telescoping stock;
    (4) a grenade or flare launcher;
    (5) a flash suppressor; or
    (six) a forward pistol grip;ix
  • 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 xxx inches;
  • A semiautomatic pistol that has the chapters to take a detachable mag and any i of the following: ane) a threaded butt, capable of accepting a wink suppressor, forward handgrip, or silencer; 2) a 2d handgrip; 3) a shroud that is attached to, or partially or completely encircles, the barrel allowing the bearer to fire the weapon without burning his or her hand, except a slide that encloses the butt; or 4) the capacity to accept a detachable magazine at some location outside of the pistol grip;
  • A semiautomatic pistol with a fixed mag that has the chapters to accept more than x rounds;
  • A semiautomatic shotgun that has both a folding or telescoping stock, and a pistol grip that protrudes conspicuously beneath the activity of the weapon, thumbhole stock, or vertical handgrip;
  • A semiautomatic shotgun that has the ability to take a detachable magazine;
  • A shotgun with a revolving cylinder; or
  • A semiautomatic centerfire firearm that is non technically a rifle, pistol, or shotgun, if it either has a fixed magazine with the capacity to accept more than 10 rounds, has an overall length of less than xxx inches, or does not have a fixed magazine only has at least one of the features associated with assault weapons, as described above.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 by and large not considered assault weapons.12 California police besides does non ban kits that permit a person to catechumen a lawful firearm into an assault weapon.

Lawful Use of Registered Assault Weapons

California law provides important limitations on the use of lawfully registered assail weapons as well to protect the public safety. Unless are person obtains a special weapons permit from DOJ authorizing additional assault weapon uses, people owning lawfully registered assault weapons must more often than not simply possess their set on weapons in the following circumstances:xiii

  • At the person'south residence, identify of business organization, or other holding owned by that person, or on property owned past another with the owner's express permission;
  • While on certain target ranges and shooting clubs;
  • While on publicly endemic land if specifically permitted by the managing bureau of the land; or
  • While properly transporting the firearm between whatsoever of the places mentioned above, or to whatsoever licensed gun dealer for servicing and repair.14

California law includes a legislative proclamation regarding the dangers assault weapons nowadays to public safety:

"The Legislature hereby finds and declares that the proliferation and apply of set on weapons poses a threat to the wellness, rubber, and security of all citizens of this land. The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that each firearm has such a loftier rate of fire and capacity for firepower that its role as a legitimate sports or recreational firearm is essentially outweighed by the danger that it can exist used to kill and injure human beings."xv

California law as well provides that the possession of an assault weapon in violation of land laws is a public nuisance. As a result, the Chaser General, any district chaser, or whatsoever city attorney may, in lieu of criminal prosecution, bring a ceremonious action or reach a civil compromise in any superior court to enjoin the possession of the assault weapon that is a public nuisance.15

Regulating Assail Weapons is Constitutional

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

See DOJ's Assail Weapon FAQs folio for further information.

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  1. Cal. Penal Code § 30605. See generally Cal. Penal Code §§ 30600-30675, 30900-30965, 31000-31005. For state assault weapon regulations, meet Cal. Lawmaking Regs. tit. 11, §§ 5459-5473, 5495, 5499. DOJ'south website also includes information most the evolution of these regulations.[↩]
  2. Cal. Penal Code § 30600.[↩]
  3. Cal. Penal Code §§ 31000, 31005.[↩]
  4. Cal. Penal Code § 31110[↩]
  5. Cal. Penal Lawmaking §§ 30910, 31100.[↩]
  6. Cal. Penal Lawmaking § 30510.[↩]
  7. Cal. Penal Code § 30520.[↩]
  8. Cal. Penal Code § 30515.[↩]
  9. In 2016, California enacted a police to provide a statutory definition for the term "detachable mag" in order to clarify that then-called "bullet push" weapons are restricted assault weapons. The bullet push button loophole previously allowed firearm manufacturers to sell "California-compliant" assault weapons equipped with a bullet push button that allowed a shooter to employ a bullet, habiliment magnet, or other musical instrument, instead of his or her finger, to depress the button that releases the weapon'southward mag. Individuals who lawfully obtained these weapons prior to January 1, 2017, were authorized to retain them if they timely registered their weapons with DOJ. Encounter Cal. Penal Lawmaking §§ 30515, 30680, 30900 (as amended by 2016 Cal. SB 880 and 2016 Cal. AB 1664).[↩]
  10. California passed legislation in 2020 to aggrandize the definition of "assault weapon" to include these firearms in club to accost efforts by the firearm industry to open a loophole in the police by developing new hybrid weapons that generally see the definition of assail weapon just 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 Lawmaking § 30685).

    People who lawfully possess such weapons prior to September 1, 2020, are authorized to maintain possession of them if they lawfully annals their weapon with DOJ by 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 assault weapon while attending an exhibition, display, or educational project almost firearms which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education nearly, firearms. Id. [↩]
  15. Cal. Penal Code § 30800(a). Any assault weapon possessed in violation of state laws must be destroyed, except upon finding by a courtroom, or a announcement from DOJ, a district chaser, or a city chaser stating that the preservation of the assault weapon is in the interest 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 attack weapon, the assault weapon in question must be accounted a public nuisance and tending of pursuant to Cal. Penal Code § 18005(c). Cal. Penal Code § 30800(d).[↩]
  16. Meet Kasler v. Lockyer, 2 P.3d 581 (Cal. 2000) (belongings, inter alia, that California's set on weapons ban does not violate equal protection of the law considering the statute does not burden a primal ramble right to "bear arms," every bit no such correct exists under the California constitution). See as well 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 collective correct of the people to maintain well-regulated militias). Notation, however, that the Supreme Court has later held, in District of Columbia v. Heller, 554 U.S. 570 (2008), that the Second Amendment protects the right of individuals to go on and bear arms, unconnected with service in a militia. The Court inHeller noted, nevertheless, that the 2nd Amendment is consistent with laws banning "dangerous and unusual weapons." Id. at 2817. Since theHeller decision, several federal courts have upheld assail weapons bans that were challenged on Second Amendment grounds. For more information, run across our Postal service-Heller Litigation Summary department.[↩]