What Is A California Registered Assault Weapons

Posted on March xx, 2022

California defines an assault weapon by the firearm's specific brand, model, and series, as well as by its general characteristics. The list includes

semiautomatic centerfire rifles,
pistols, and
shotguns.

Firearms that fall under the definition of assault weapons are generally illegal within the state. Possessing an attack weapon is a wobbler criminal offense. Manufacturing, selling, or transporting an assail weapon is a felony.

An AR-15 Rifle with features that would deem it an assault weapon in California

Assault weapons are generally illegal in California.

How does California ascertain an assault weapon?

California defines an attack weapon in 3 dissimilar ways:

by make and model,
by series, and
by sure generic characteristics.

Each method of defining an assault weapon is a Category.

A firearm is an assault weapon if it is identified equally such by any of these Categories.¹

The latitude of these definitions makes state constabulary in California i of the strictest for gun control. The definitions reach past machine guns and cover many semiautomatic firearms that are popular with gun owners, as well.

What is a Category ane set on weapon?

Category i set on weapons are firearms that were named in the original Roberti-Roos Assault Weapons Control Act of 1989. This list is at present found at California Penal Code section 30510(a) through (c). The list consists mainly of semiautomatic rifles, but besides includes some shotguns and semiautomatic pistols.

The list of Category i assault weapons covers the post-obit armed services-fashion rifles:

all AK series models, including the following manufacturers and models:
- Made in China:
  - AK,
  - AKM,
  - AKS,
  - AK47,
  - AK47S,
  - 56,
  - 56S,
  - 84S, and
  - 86S.
- Norinco:
  - 56,
  - 56S,
  - 84S, and
  - 86S.
- Poly Technologies:
  - AKS, and
  - AK47.
- MAADI:
  - AK47, and
  - ARM.
UZI,
Galil,
Beretta AR-70,
CETME Sporter,
Filly AR-fifteen series,
Daewoo:
- K-1,
- Thousand-2,
- Max 1,
- Max 2,
- AR 100, and
- AR 110C.
Fabrique Nationale:
- FAL,
- LAR,
- FNC,
- 308 Lucifer, and
- Sporter.
MAS 223,
Heckler and Koch (HK):
- 91,
- 93,
- 94, and
- PSG-1.
RPB Industries Inc.:
- sM10, and
- sM11.
SWD Inc. M11,
SKS with a detachable mag,
SIG:
- AMT,
- PE-57,
- SG 550, and
- SG 551.
Springfield Armory:
- BM59, and
- SAR-48.
Sterling MK-6,
Steyer AUG,
Valmet:
- M62S,
- M71S, and
- M78S.
Armalite AR-180,
Bushmaster Assault Burglarize,
Calico M-900,
J&R ENG M-68, and
Weaver Arms Nighthawk.²

The following pistols are also in Category 1 in California:

UZI,
Encom:
- MP-9, and
- MP-45.
RPB Industries Inc.:
- sM10, and
- sM11.
SWD Inc. M11,
Accelerate Armament Inc. One thousand-eleven,
Military machine Armament Corp. Ingram Yard-eleven,
Intratec TEC-nine,
Sites Spectre,
Sterling MK-7,
Calico M-950, and
Bushmaster Pistol.³

Finally, Category 1 firearms besides include the following shotguns:

Franchi:
- SPAS 12, and
- LAW 12.
Striker 12, and
Streetsweeper type South/S Inc. SS/12.⁴

What is a Category 2 assault weapon?

Category ii assault weapons are firearms that are a part of an AR or AK "series."

By manufacturer and model, AK series firearms that are Category two assail weapons are:

American Artillery:
- AK-F 39,
- AK-Y 39,
- AK-C 47, and
- AK-F 47.
Arsenal:
- SLR, and
- SLG.
B-West AK-47
Hesse Arms:
- Model 47, and
- Wieger STG 940 rifle.
Inter Ordinance:
- RPK,
- M-97, and
- AK-47.
Kalashnikov USA Hunter Rifle / Saiga,
MAADI Co.:
- AK 47,
- ARM,
- MISR, and
- MISTR.
Made in China:
- 56,
- 56S,
- 84S,
- 86S,
- AK,
- AKM,
- AKS, and
- AK47.
MARS Pistol,
Mitchell Arms, Inc.:
- M-90,
- AK-47,
- AK-47 Cal .308,
- Thousand-76, and
- RPK.
Norinco:
- 56,
- 56S,
- 81S,
- 84S,
- 86,
- 86S,
- AK-47,
- Hunter Rifle,
- MAK 90,
- NHM:
  - xc,
  - 90-2, and
  - 91 Sport.
- RPK Rifle.
Ohio Ordinance Works:
- AK-74, and
- ROMAK 991.
Poly Technologies:
- AKS, and
- AK47.
Valmet:
- Hunter Burglarize, and
- 76S.
WUM (all models).

Category two set on weapons likewise include the post-obit AR-15 series firearms:

American Spirit U.s.a. model,
Armalite:
- AR10,
- M15, and
- Golden Eagle.
Bushmaster XM15,
Colt:
- AR-xv,
- Law Enforcement 6920,
- Match Target, and
- Sporter.
Dalphon B.F.D.,
DPMS Panther,
Hawkeye Artillery:
- EA-fifteen A2 H-BAR,
- EA-15 E1, and
- M15.
Frankford Arsenal AR-15,
Hesse Arms HAR 15A2,
Knights:
- RAS,
- SR-15, and
- SR-25.
Les Baer Ultimate AR,
Olympic Arms:
- AR-15,
- Motorcar-97, and
- PCR.
Ordnance, Inc., AR-15,
Palmetto SGA,
Professional Ordnance, Inc.:
- Carbon 15 Burglarize, and
- Carbon fifteen Pistol.
PWA (all models),
Rock River Artillery, Inc.:
- Auto A2,
- Machine A4 Flattop,
- LE Tactical Carbine,
- NM A2 – DCM Legal,
- Standard A-2, and
- Standard A-iv Flattop.
Wilson Combat AR-15.^five

These firearms were not explicitly banned by the Roberti-Roos Assault Weapons Control Human action. When the constitutionality of that Act was challenged in 2000, the California Supreme Court included these firearms under the set on weapon definition.^{half dozen}

What is a Category iii assault weapon?

Category 3 assault weapons are those that have certain distinguishing characteristics.

Semiautomatic, centerfire rifles that are in Category iii include those that:

take a fixed chapters of more 10 rounds,
have an overall length of less than thirty inches, or
do not have a fixed capacity, but have any of the post-obit:
- a pistol grip that conspicuously protrudes beneath the weapon's action,
- a forward pistol grip,
- a thumbhole, folding, or telescoping stock,
- a flash suppressor, or
- a grenade or flare launcher.⁷

The following semiautomatic pistols are Category three assault weapons:

those that have a fixed magazine of more than ten rounds, or
those that practise not take a fixed magazine, but does have i of the following aspects:
- a threaded butt that is capable of accepting a wink suppressor, silencer, or forward handgrip,
- a second handgrip,
- a butt shroud that allows the weapon to exist fired without burning the user's hand, except a slide that encloses the butt, or
- the capacity to have a detachable magazine outside the pistol grip.^eight

Shotguns with a revolving cylinder are Category three assault weapons, as are semiautomatic shotguns if they:

exercise not have a stock-still magazine, or
accept both of the following:
- either a folding or telescoping stock, and
- either a thumbhole stock, vertical handgrip, or a pistol grip that protrudes conspicuously nether the weapon's action.^ix

Finally, other semiautomatic centerfire firearms are Category 3 assault weapons if they:

accept an overall length of less than thirty inches,
have a fixed magazine with the capacity to carry more than 10 rounds, or
does non have a fixed magazine, merely does have any of the following:
- a pistol grip that conspicuously protrudes beneath the action of the weapon,
- a forward pistol grip,
- a second handgrip,
- a thumbhole, folding, or telescoping stock,
- a flare or grenade launcher,
- a flash suppressor,
- a threaded butt that can take a silencer, wink suppressor, or forward handgrip,
- a barrel shroud to protect the user's manus from burning, unless it is a slide that encloses the barrel, or
- the capacity to take a detachable magazine somewhere outside the pistol grip.¹⁰

These are sometimes referred to equally "SB 23 assault weapons" because they were added to the country'south ban by Senate Nib 23 in 1999.¹¹ People who already owned one of these firearms were allowed to annals them with the California Department of Justice (DOJ) betwixt January 1 and December 31, 2000.

Are in that location whatsoever firearms that are exempted?

Some firearms that would fall under the definition of an assault weapon provided by California law are specifically exempted. These include:

antique firearms, and
pistols used in Olympic target shooting events, including the:
- Benelli:
  - MP90 .22LR and .32 S&West Long, and
  - MP95 .22LR and .32 Southward&W Long.
- Hammerli:
  - 280 .22LR and .32 S&W Long, and
  - SP20 .22LR and .32 Southward&W Long.
- Pardini:
  - GOP .22 Short,
  - GP-Schumann .22 Brusque,
  - HP .32 S&W Long,
  - MP .32 South&West Long,
  - SP .22LR, and
  - SPE .22LR.
- Walther:
  - GSP .22LR and .32 Southward&W Long,
  - OSP .22 Short, and
  - OSP-2000 .22 Short.¹²

Californians can use, possess, transfer, and import these types of handguns without violating the law.

Did a courtroom overturn the California assault weapons ban?

On June 4, 2021, a federal judge in San Diego, Roger Benitez, overturned California's assault weapons ban, ruling that it violated the Second Amendment's right to conduct arms.^xiii

California Governor Gavin Newsom condemned the ruling, saying that information technology was a threat to public safety past allowing for gun violence and more mass shootings. The chaser full general for the state of California, Rob Bonta, has appealed the decision.

On June 21, the Ninth Circuit issued a stay on the guess's ruling to leave the ban in identify until the appeals could be resolved.¹⁴

On November 30, 2021, this ban on large-capacity magazines (LCMs) was reinstated.¹⁵ An en banc console for the Ninth Circuit said that the ban does not violate self-defense force rights.¹⁶ This overturns the prior ruling by a three-judge 9th Circuit console.¹⁷

These gun rights rulings come virtually 3 decades afterwards the laws first passed. All the same, the U.S. Supreme Court's recent decisions expanded gun rights. Lawsuits challenging California's laws are based on these decisions.

About the Author

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Neil Shouse

A former Los Angeles prosecutor, chaser Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court Television receiver, The Today Show and Courtroom Goggle box. Mr Shouse has been recognized by the National Trial Lawyers every bit one of the Top 100 Criminal and Elevation 100 Civil Attorneys.