Posted on October 29, 2015
See our Assault Weapons policy summary for a comprehensive discussion of this issue.
With limited exceptions, California prohibits anyone from possessing an assault weapon unless he or she possessed the firearm prior to the date it was defined as an assault weapon and registered the firearm with the California Department of Justice (“DOJ”) in the timeframe established by state law.1 Note that this timeframe has now ended, and DOJ is generally not accepting any new registrations of assault weapons.
California also prohibits any person from manufacturing, distributing, transporting, importing, keeping for sale, offering for sale, giving, or lending any assault weapon within the state.2 However, DOJ may, upon a finding of good cause, issue permits for the manufacture, sale, or possession of assault weapons to certain law enforcement agencies and officers and to approved individuals over the age of 18.3 DOJ must conduct 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 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
California law lists certain firearms that have been deemed assault weapons, including all AK series and Colt AR-15 series.6 California’s Attorney General is required to promulgate a list specifying all such firearms.7 However, a firearm that meets any of the following descriptions is also an “assault weapon”:8
- A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following: 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 6) a forward pistol grip;
- A semiautomatic, centerfire rifle that has a fixed magazine 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 any one of the following: 1) 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 fire the weapon without burning his or her hand, except a slide that encloses the barrel; or 4) the capacity to accept 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 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; or
- A shotgun with a revolving cylinder.
California does not ban kits that allow a person to convert a lawful firearm into an assault weapon.
Any person owning a lawfully registered assault weapon may possess the firearm only under limited conditions, unless he or she obtains a permit for additional uses from DOJ.11 Those conditions include:
- At the person’s residence, place of business, or other property owned by 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 land; or
- While properly transporting the firearm between any of the places mentioned above, or to any licensed gun dealer for servicing and repair.12
California law includes a statement of the dangers posed by assault weapons:
The Legislature hereby finds and declares that the proliferation and use of assault 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 rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings.13
California law provides that the possession of an assault weapon in violation of state laws is a public nuisance.14 As a result, 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 attorney, or a city attorney stating that the preservation of the assault weapon is in the interest of justice.15
The courts have rejected legal challenges to California’s assault weapons ban.16
See DOJ’s Assault Weapon FAQs page for further information.
- Cal. Penal Code § 30605. See generally Cal. Penal Code §§ 30600-30675, 30900-30965, 31000-31005. For state assault weapon regulations, see Cal. Code Regs. tit. 11, §§ 5459-5473, 5495, 5499. DOJ’s website also includes information about the development of these regulations. [↩]
- Cal. Penal Code § 30600. [↩]
- Cal. Penal Code §§ 31000, 31005. [↩]
- Cal. Penal Code § 31110 [↩]
- Cal. Penal Code §§ 30910, 31100. [↩]
- Cal. Penal Code § 30510. [↩]
- Cal. Penal Code § 30520. [↩]
- Cal. Penal Code § 30515. [↩]
- Cal. Penal Code § 16170(a). [↩]
- Cal. Penal Code § 30515(c). [↩]
- Cal. Penal Code §§ 30945, 31000. [↩]
- The person may also possess the assault weapon while attending an exhibition, display, or educational project about 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 about, firearms. Id. [↩]
- Cal. Penal Code § 30505(a). [↩]
- The Attorney General, any district attorney, or any city attorney may, in lieu of criminal prosecution, bring a civil action or reach a civil compromise in any superior court to enjoin the possession of the assault weapon that is a public nuisance. Cal. Penal Code § 30800(a). [↩]
- Cal. Penal Code § 30800(c). Upon conviction of any misdemeanor or felony involving the illegal possession or use of an assault weapon, the assault weapon must be deemed a public nuisance and disposed of pursuant to Cal. Penal Code § 18005(c). Cal. Penal Code § 30800(d). [↩]
- See Kasler v. Lockyer, 2 P.3d 581 (Cal. 2000) (holding, inter alia, that the ban does not violate equal protection of the law because the statute does not burden a fundamental constitutional right to “bear 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 collective right of the people to maintain well-regulated militias). Note, however, that the Supreme Court has subsequently held, in District of Columbia v. Heller, 554 U.S. 570 (2008), that the Second Amendment protects the right of individuals to keep and bear arms, unconnected with service in a militia. The Court in Heller noted, nevertheless, that the Second Amendment is consistent with laws banning “dangerous and unusual weapons.” Id. at 2817. Since the Heller decision, several federal courts have upheld assault weapons bans that were challenged on Second Amendment grounds. For more information, see our Post-Heller Litigation Summary section. [↩]