Many people believe that California is the best place to live and San Diego is the best place in California to live. The weather is great in California, but some of the laws are stupid, like many of the gun laws. If you love guns, then California is not the best place to live, but if you love CA weather then you will have to tolerate the gun laws. One stupid law is the attempt to ban assault weapons and classifying a semi-automatic rifle as an assault weapon. Maybe I should stick with daytrading stocks like I used to do at Princeton Daytrading, but I had to find a solution to the crazy bullet button to make some guns legal. I'm taking a little time off from working on Battery Resurrection websites to work on this.
California Laws for AR 15 M4 M16 A1 assault rifles guns - AK-47 etc. -
- What is considered an assault weapon under California law?
There are three categories of assault weapons under California law. The first category is firearms listed on the original Roberti-Roos assault weapons list (Penal Code section 12276, subds (a), (b), and (c)). The second category of assault weapons is AK and AR-15 series weapons [PDF 35 kb / 3 pg] (Penal Code sections 12276 (e) and (f)). The third category of assault weapons is defined by specific generic characteristics (PC section 12276.1, SB 23).
- What is the Kasler v. Lockyer California Supreme Court decision and what does it do?
This court decision upholds the constitutionality of the Assault Weapons Control Act of 1989. As a result, the Department of Justice (DOJ) is obligated to enforce the statute with respect to identification of AK and AR-15 series weapons. These assault weapons are listed by the Department of Justice in the California Code of Regulations, Title 11, Chapter 12.9, Section 979.11 (11 CCR 979.11)
- What are AK and AR-15 series weapons and how are they controlled?
Any firearm which is a variation, with minor differences, of the AK or AR-15 type (i.e., series weapon), regardless of manufacturer, is an assault weapon under the original Roberti-Roos Assault Weapons Control Act of 1989. These assault weapons are listed by the Department of Justice in the California Code of Regulations, Title 11, Chapter 12.9, Section 979.11 (11 CCR 979.11)
- How is the 2000 assault weapons law (SB 23) affected by the Kasler v. Lockyer decision?
The 2000 assault weapons law (SB 23) identified assault weapons by specific characteristics. Those weapons so defined must have been lawfully possessed on or before December 31, 1999 and registered on or before December 31, 2000. Penal Code section 12276, subdivisions (e) and (f), reaffirmed by the Kasler v. Lockyer decision, make AK and AR-15 series weapons unlawful for sale after August 16, 2000, even if their assault weapon characteristics are removed. Persons owning these weapons on this date were required to register them with the DOJ on or before January 23, 2001.
- Can I take a registered assault weapon to a gunsmith for repairs?
Yes. However, you cannot leave it with the gunsmith unless he or she holds a California Assault Weapons permit. Otherwise, you must remain with the firearm while it is being repaired. If the assault weapon must be shipped to the manufacturer for repairs, a firearms dealer with an assault weapons permit must handle the shipping.
- Can I inherit and keep a registered assault weapon?
No. Pursuant to California Penal Code section 12285(b), any person who obtains title to a registered assault weapon by bequest or intestate succession shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer who has a permit from the Department of Justice to purchase assault weapons, obtain a permit from the Department of Justice to possess assault weapons, or remove the weapon from this state.
- If I registered my SB 23 assault weapon and now I remove the characteristic(s) that make it an assault weapon, can I cancel the registration?
Yes. If the defining characteristics establishing a firearm as an SB 23 assault weapon are removed, it is no longer an assault weapon and the registration may be canceled. However, once the registration is canceled, you can never replace the characteristic(s) that make it an assault weapon, or you will be in possession of an illegal weapon.
THIS APPLIES ONLY TO FIREARMS DEFINED AS ASSAULT WEAPONS BY CHARACTERISTICS (Penal Code section 12276.1, SB 23). THIS DOES NOT APPLY TO ORIGINAL ROBERTI-ROOS ASSAULT WEAPONS OR AK and AR-15 SERIES WEAPONS IN THAT REMOVAL OF THEIR CHARACTERISTICS DOES NOT NEGATE THE REQUIREMENT TO REGISTER THE ASSAULT WEAPON.
- I do not want to keep my assault weapon. What do I do?
If you have an unregistered assault weapon, you must relinquish it to law enforcement.
If you have a registered assault weapon that you no longer want to keep, you have three options:
- Sell the weapon to a licensed gun dealer who has an assault weapons permit; or
- Make arrangements with your local police or sheriff's office to relinquish your assault weapon. CALL FIRST. DO NOT GO TO THE POLICE OR SHERIFF'S OFFICE WITHOUT FIRST MAKING ARRANGEMENTS; or
- Remove the weapon from this state.
- Does a DOJ Permit to Possess and/or Transport Assault Weapons for active military personnel expire?
Yes. The permit is valid for one year from the date of issuance or the termination of permanent active duty military stationing in the State of California, whichever occurs first. The following documentation for renewal of a DOJ Permit to Possess and/or Transport Assault Weapons must be mailed to DOJ prior to the permit expiration:
- DOJ assault weapon permit letter.
- Current copy of applicant's official military identification card.
- Official letter signed by the applicant's Base Commander, establishing that a bona fide necessity exists for use of personal assault weapons in sanctioned military activities. The letter must include a current telephone number for the Base Commander's office.
- Copy of Permanent Change of Military Station Orders.
- If the renewal application is received later than the expiration date, there is a $25 renewal fee.
- Provide a copy of the "Use of Personal Assault Weapons in Military Sanctioned Activities" form BOF 047 [PDF 350 kb / 2 pg].
- May active duty military personnel issued a DOJ Permit to Possess and/or Transport Assault Weapons purchase or acquire additional Assault Weapons while permanently stationed in California?
No. Subsequent to issuance of a DOJ Permit to Possess and/or Transport Assault Weapons, no additional assault weapons may be added to the permit. Additionally, an assault weapons permit does not allow the permit holder to purchase or import additional assault weapons in to California.
- May active duty military personnel with a DOJ Permit to Possess and/or Transport Assault Weapons, possess, import/export short-barreled rifles/shotguns into California?
No. Short-barreled rifles/shotguns are not assault weapons. A separate permit for such weapons based on different, and more stringent criteria is required before they can be lawfully brought into the state. The DOJ/FLPS-Dangerous Weapons Permit Unit also handles the issuance of permits for short barreled rifles/shotguns. You may obtain additional information regarding issuance of this permit by accessing the Bureau of Firearms Website, Dangerous Weapons Control Laws, Penal Code section 12095-12099 Short-barreled Rifles/Shotgun Permits.