Concluding updated .

Assault Weapon Restrictions

With express exceptions, California prohibits anyone from possessing an assault weapon (as defined by state law), unless they lawfully possessed the firearm prior to the date information technology was defined as an set on weapon and registered the firearm with the California Department of Justice ("DOJ") inside the timeframes established by country law.1

California also generally prohibits any person from manufacturing, distributing, transporting, importing, keeping for sale, offering for auction, giving, or lending an assail weapon within the state.two DOJ may, upon a finding of expert cause, effect permits for the manufacture, sale, or possession of assault weapons to certain police force enforcement agencies and officers and to approved individuals over the age of 18.3 DOJ must carry a yearly inspection – or every five years if the person to be inspected has fewer than five permitted devices – of every person to whom a allow is issued, for security and rubber storage practices, and to reconcile the inventory of assault weapons.iv Mostly, 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 section.5

Definition of Assault Weapon

California police force defines assault weapons in ii ways:

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

Second, California's attack weapons law as well designates firearms as assail weapons if they incorporate sure features most commonly used for offensive, instead of defensive, shooting purposes:8 Firearms that fall within any of the following categories are generally defined every bit assault weapons based on this features test:

  • A semiautomatic, centerfire rifle that has the capacity to accept a detachable mag and at to the lowest degree i of the following additional features:
    (1) a pistol grip that protrudes conspicuously beneath the activity 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 magazine with the capacity to accept more than ten rounds;
  • A semiautomatic, centerfire burglarize that has an overall length of less than thirty inches;
  • A semiautomatic pistol that has the capacity to take a detachable mag and any 1 of the following: 1) a threaded barrel, capable of accepting a wink suppressor, forward handgrip, or silencer; two) a second handgrip; 3) a shroud that is attached to, or partially or completely encircles, the butt assuasive the bearer to burn the weapon without burning his or her mitt, except a slide that encloses the barrel; or 4) the capacity to accept a detachable magazine at some location exterior of the pistol grip;
  • A semiautomatic pistol with a fixed magazine that has the capacity to accept more than than ten rounds;
  • A semiautomatic shotgun that has both a folding or telescoping stock, and a pistol grip that protrudes conspicuously beneath the action 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 non technically a burglarize, pistol, or shotgun, if it either has a fixed magazine with the capacity to accept more than than 10 rounds, has an overall length of less than thirty inches, or does not have a fixed mag but has at least ane of the features associated with assault weapons, as described to a higher place.ten

Exceptions

Antiquarian firearms (i.e., firearms manufactured prior to 1899)11, and certain pistols that are designed expressly for utilise in Olympic target shooting events, are generally not considered set on weapons.12 California police also does non ban kits that allow a person to convert a lawful firearm into an assault weapon.

Lawful Use of Registered Attack Weapons

California police provides of import limitations on the utilize of lawfully registered assault weapons as well to protect the public safety. Unless are person obtains a special weapons let from DOJ authorizing additional set on weapon uses, people owning lawfully registered assault weapons must generally only possess their attack weapons in the post-obit circumstances:13

  • At the person's residence, place of business, or other property owned by that person, or on belongings owned by another with the owner'south express permission;
  • While on certain 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 betwixt whatsoever of the places mentioned in a higher place, or to whatsoever licensed gun dealer for servicing and repair.14

California law includes a legislative declaration regarding the dangers attack weapons present to public condom:

"The Legislature hereby finds and declares that the proliferation and utilize of assault weapons poses a threat to the health, prophylactic, and security of all citizens of this country. The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its role as a legitimate sports or recreational firearm is substantially outweighed by the danger that information technology can exist used to kill and injure human beings."15

California police also provides that the possession of an assault weapon in violation of country laws is a public nuisance. Every bit a issue, the Attorney General, whatsoever commune attorney, or any city attorney may, in lieu of criminal prosecution, bring a ceremonious activity or reach a civil compromise in whatsoever superior court to enjoin the possession of the assault weapon that is a public nuisance.15

Regulating Assail Weapons is Constitutional

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

See DOJ's Set on Weapon FAQs page for farther information.

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  1. Cal. Penal Code § 30605. Run across generally Cal. Penal Code §§ 30600-30675, 30900-30965, 31000-31005. For country assault weapon regulations, see Cal. Code Regs. tit. 11, §§ 5459-5473, 5495, 5499. DOJ's website also includes information near the development 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 Code § 30515.[↩]
  9. In 2016, California enacted a police force to provide a statutory definition for the term "detachable magazine" in lodge to clarify that and then-chosen "bullet button" weapons are restricted assault weapons. The bullet button loophole previously allowed firearm manufacturers to sell "California-compliant" assail weapons equipped with a bullet button that immune a shooter to utilise 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 one, 2017, were authorized to retain them if they timely registered their weapons with DOJ. Meet Cal. Penal Lawmaking §§ 30515, 30680, 30900 (every bit amended by 2016 Cal. SB 880 and 2016 Cal. AB 1664).[↩]
  10. California passed legislation in 2020 to expand the definition of "assail weapon" to include these firearms in order to accost efforts by the firearm industry to open a loophole in the law by developing new hybrid weapons that generally meet the definition of assault weapon but are not technically rifles, pistols, or shotguns. Come across 2020 CA SB 118, Sec. 38-39 (enacting Cal. Penal Code § 30515(a)(9) – (xi) and Cal. Penal Code § 30685).

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

  11. Cal. Penal Lawmaking § 16170(a).[↩]
  12. Cal. Penal Code § 30515(c). [↩]
  13. Cal. Penal Code §§ 30945, 31000.[↩]
  14. The person may as well possess the assail weapon while attending an exhibition, display, or educational project about firearms which is sponsored by, conducted under the auspices of, or canonical by a law enforcement bureau or a nationally or state recognized entity that fosters proficiency in, or promotes instruction about, firearms. Id. [↩]
  15. Cal. Penal Lawmaking § 30800(a). Any assault weapon possessed in violation of state laws must be destroyed, except upon finding by a court, or a declaration from DOJ, a district chaser, or a city attorney stating that the preservation of the assault 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 use or possession of an assault weapon, the assault 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. Meet Kasler 5. Lockyer, 2 P.3d 581 (Cal. 2000) (holding, inter alia, that California's attack weapons ban does not violate equal protection of the law because the statute does non burden a primal constitutional right to "comport artillery," as no such correct exists under the California constitution). See also Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002) (rejecting federal constitutional challenges to the ban, property, inter alia, that the Second Subpoena just protects the collective right of the people to maintain well-regulated militias). Note, still, that the Supreme Court has subsequently held, in District of Columbia v. Heller, 554 U.S. 570 (2008), that the Second Subpoena protects the correct of individuals to continue and bear arms, unconnected with service in a militia. The Courtroom inHeller noted, nevertheless, that the Second Amendment is consistent with laws banning "dangerous and unusual weapons." Id. at 2817. Since theHeller decision, several federal courts have upheld assault weapons bans that were challenged on 2nd Subpoena grounds. For more information, see our Postal service-Heller Litigation Summary section.[↩]