Posted: 1/12/2005 11:10:12 AM EDT
[Last Edit: 1/12/2005 11:11:27 AM EDT by echap]
I know that I have been enjoying my new found freedoms since the AWB sunset. I, for one, want to be vigilant to prevent any further gun control legislation from being enacted.
Since the best way to be prepared for the future is to remember the past, I have included an overview of California gunlaw for all to read and see what has happened there and hopefully we can prevent this from happening elsewhere. I ran across this and had never read the CA law before. It's actually a shame. This was taken from www.NRA-ILA.org. Sorry that it is so long, but they have many laws.
Hopefully, this can be prevented from happening in other states.
Transfer or sale of all firearms must be processed with a California gun dealer`s license. An application for transfer must be made with the gun dealer before any firearm may be sold or transferred. This application contains a description of the buyer or transferee and of the firearm. A copy is sent by the dealer to the California Department of Justice and the local police chief or sheriff. The dealer may be charged a fee up to $14 by the Department of Justice. If the Department of Justice determines that the buyer or transferee is not eligible to possess a firearm, they shall notify the dealer immediately. There is a 10-day waiting period before delivery of any firearm. Dealers must keep a register of all firearm transfers. A person under restraining order may not acquire any firearm.
Starting October 1, 1993, no firearm capable of being concealed upon the person shall be delivered or sold unless the person receiving the firearm presents to the gun dealer a basic firearms safety certificate approved by the California Department of Justice.
No person shall make an application to purchase more than one pistol, revolver, or other firearm capable of being concealed upon the person within a 30-day period and no delivery shall be made to any person who has made an application to purchase more than one pistol, revolver, or other firearm capable of being concealed upon the person within any 30-day period.
A gun dealer must post a sign advising "If you leave a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison."
The waiting period and dealer application do not apply to transfers to police officers, other gun dealers, manufacturers, or importers, antique firearms, and rifles and shotguns which are classified as curios or relics by the federal government, infrequent gifts or transfers to one`s "immediate family," an infrequent temporary loan not to exceed 30 days to a person who is not prohibited from possessing a firearm, and a transfer of a rifle or shotgun at auctions by nonprofit or public benefit corporations.
It is unlawful for any person to transfer any firearm to a person who is forbidden to possess or own a firearm. A dealer may not transfer a pistol to a person under 21 or other firearm to a person under 18.
It is unlawful to purchase, receive, or attempt to purchase or receive a firearm if such person is subject to a protective order, temporary restraining order or injunction.
Within 60 days of bringing a pistol, revolver or other firearm capable of being concealed upon the person into this state, the person importing the firearm must complete and return a Department of Justice registration form or sell or transfer the firearm to a licensed dealer, sheriff or police department.
It is unlawful for anyone convicted of a felony, or who is a drug addict, present or former mental patient, ever committed for mental observation, or acquitted by reason of insanity to own or possess any firearm. People with certain misdemeanor convictions involving force or violence may not possess or own any firearm within 10 years of the conviction. A person who has been adjudicated as a juvenile offender or delinquent for any offense which would be classified as a felony or misdemeanor involving force or violence if committed by an adult may not own or possess any firearm until age 30. A minor may not possess a handgun except with written permission or under the supervision of a parent or guardian.
POSSESSION OF "ASSAULT WEAPONS"
It is unlawful to possess an "assault weapon" unless it is properly registered with the state. Unlawful possession can be prosecuted as either a felony or a misdemeanor. However, under certain limited circumstances, a first offense is an infraction, punishable by a fine of up to $500.00. A person may possess an "assault weapon" registered to another person under the narrow circumstances described herein pertaining to the lending of an "assault weapon." Also excepted from the registration requirements are non residents attending a competitive match under certain specified circumstances. A person moving into California who is in lawful possession of an "assault weapon" shall do one of the following: (1) prior to bringing the "assault weapon" into the state, obtain a permit from the Department of Justice, or (2) cause the "assault weapon" to be delivered to a licensed gun dealer and then obtain a permit from the Department of Justice.
A firearm is deemed an "assault weapon" if it is listed in Section 12276, or if it is added to the list via a successful petition to a court by the Attorney General. This list is commonly known as the "Roberti-Roos list":
(a) All of the following specified rifles:
(1) All AK series (2) UZI and Galil
(3) Beretta AR-70 (4) CETME Sporter
(5) Colt AR-15 series (6) MAS223
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match and Sporter
(8) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C
(9) HK-91, HK-93, HK-94 and HK-PSG-1
(10) RPB Industries Inc. sM10 and sM11 and SWD Incorporated M11 and MAC types
(11) SKS with detachable magazine
(12) SIG AMT, PE-57, SIG 550 and 551
(13) Springfield Armory BM59 and SAR.48
(14) Sterling MK-6 (15) Steyer AUG
(16) Valmet M62S, M71S, and M78S
(17) Armalite AR-180 (18) Bushmaster Assault Rifle
(19) Calico M-900 (20) J & R ENG M-68
(21 ) Weaver Arms Nighthawk
(b) All of the following specified pistols:
(1 ) UZI (2) Encom MP-9 and MP-45
(3) RPB Industries Inc. sM10 and sM11, SWD Incorporated M-11, Advance Armament Inc. M-11, and Military Armament Corp. Ingram M-11, and MAC types
(4) INTRATEC TEC-9 (5) Sites Spectre
(6) Sterling MK-7 (7) Calico M-950
(8) Bushmaster Pistol
c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12
(2) Striker 12 (3) Street Sweeper
(d) Any firearm declared by the court pursuant to section 12276.5 to be an assualt weapon that is specified as an assault weapon in a list promulgated pursuant to section 12276.5.
Any person lawfully possessing a "Roberti-Roos assault weapon" before June 1, 1989, was to register the firearm with the Department of Justice by March 31, 1992, although under a recent law, anyone failing to register an SKS rifle with a detachable AK-47 magazine between January 1, 1992 and December 19, 1997 will be immune from prosecution prior to January 1, 2000. This law requires those in possession of such an SKS rifle to relinquish it to the Department of Justice, a law enforcement agency or transfer it to a licensed gun dealer on or before January 1, 2000.". Registration includes identification of the firearm and the name, address, date of birth, thumbprint and other information on the owner. A fee of up to $20.00 may be charged for the registration. Any firearm subsequently added to the Roberti-Roos list of "assault weapons" must be registered within 90 days.
Effective January 1, 2000, the definition of "assault weapon" also includes any of the following: (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumbhole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip. (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. (4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. (B) A second handgrip. (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel. (D) The capacity to accept a detachable magazine at some location outside of the pistol grip. (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (6) A semiautomatic shotgun that has both of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. (7) A semiautomatic shotgun that has the ability to accept a detachable magazine. (8) Any shotgun with a revolving cylinder. (b) "Assault weapon" does not include any antique firearm. (c) The following definitions shall apply under this section: (1) "Magazine" shall mean any ammunition feeding device. (2) "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds. (3) "Antique firearm" means any firearm manufactured prior to January 1, 1899. Firearms that fit the above descriptions which were possessed on December 31, 1999 can be kept if they are registered between January 1, 2000 and December 31, 2000. Firearms that are on the Roberti-Roos list, but not currently validly registered, cannot now be registered.
A person moving into this state, otherwise in lawful possession of an "assault weapon," shall do one of the following: Prior to bringing the "assault weapon" into the state, that person shall first obtain a permit from the Department of Justice, or the person shall cause the "assault weapon" to be delivered to a licensed gun dealer who shall redeliver that "assault weapon" to the person if that person obtains a permit from the Department of Justice.
Unless otherwise specified, registered "assault weapons" may only be possessed:
1. At registrant`s residence, place of business, or other property owned by such registrant, or on property owned by another with permission.
2. At certain recognized target ranges or shooting clubs.
3. At certain recognized exhibitions.
4. While on publicly owned land upon which possession and use of "assault weapons" is specifically permitted by the managing agency.
5. While transporting the assault weapon between any of the places listed above, or to any licensed gun dealer.
It is a felony to offer for sale, give or lend any "assault weapon". The does not apply to a person who lends a registered "assault weapon" to another person who is 18 years of age or over if all of the following conditions apply: (1) the person to whom the "assault weapon" is lent is not prohibited from possessing a firearm and remains in the presence of the registered possessor, and (2) the "assault weapon" is possessed at a licensed target range, or at the target range of a public or private club organized for the purpose of practicing shooting at targets, or at an exhibition, display or education project sponsored by a law enforcement agency or a nationally or state recognized firearms entity.
Commencing January 1, 2001, it is a misdemeanor, punishable by up to 1 year in jail, to manufacture or cause to be manufactured, import into California for sale, keep for sale, offer or expose for sale, give, or lend any "unsafe handgun."
"Unsafe handgun" means any firearm capable of being concealed on or about the person that lacks a safety device, or fails a 600-round firing requirement test, or fails a drop test, as conducted by an independent laboratory certified by the Attorney General.
Any concealable firearm manufactured in California , imported into California for sale, kept for sale, or offered or exposed for sale shall be tested within a reasonable period of time by an independent laboratory certified by the Attorney General to determine if it is an "unsafe handgun."
The California Department of Justice is required to compile, publish, and maintain a roster listing all concealable firearms that are not "unsafe handguns."
Exempt from the testing and roster listing requirements are: transfers by non-dealers that are processed through a dealer licenced by California, or processed through a sheriff`s department in a county of less than 200,000 persons; transfers to certain law enforcement personnel; transfers to certain representatives of governmental agencies; infrequent transfers by gift, bequest succession or by other means to a immediate family member if such transfer is reported within 30 days to the Department of Justice and if the person taking title obtains a basic firearm safety certificate; infrequent loans of firearms between person who are personally known to each other if the loan does not exceed 30 days; delivery of a firearm to a licensed gunsmith for service or repair; transfer to federally licensed dealers who reside outside of California; loan of a firearm for the purpose of shooting at targets if the loan occurs on the premises of a licensed target facility; transfers to certain persons who take title by operation of law if they comply with certain other requirements; transfer of unloaded firearms to a wholesaler from a licensed manufacturer, importer or wholesaler; loans of unloaded firearms for use as a prop in an entertainment event; firearms that are listed as curios and relics by BATF; the return of a firearm to a licensed dealer for service or repair; the return by a licensed dealer of a firearm to its owner where that firearm was initially delivered to that licensee for the purpose of consignment sale or as collateral for a loan.
The "unsafe handgun" provisions also do not apply to a single-action revolver that has at least a five cartridge capacity with a barrel length of not less than three inches and which meets any of the following specifications: was manufactured prior to 1900 and is a curio or relic as listed by the BATF; or has an overall length measured parallel to the barrel of at least seven and one-half inches; or has an overall length measured parallel to the barrel of at least seven and one-half inches and is currently approved for importation into the United States.
MAGAZINES, OTHER FIREARMS AND RELATED ITEMS
Effective January 1, 2000, any person who manufactures, imports, or offers to sale, give, or lend any ammunition magazine that can hold more than 10 rounds (not including .22 tube magazines), can be prosecuted for either a felony or a misdemeanor. The following are some of the exceptions: (1) a loan of a lawfully possessed magazine to a person who is not prohibited from possessing firearms or ammunition, if such loan occurs at a place where possession of the magazine is not otherwise prohibited and the person who lends the magazine remains in the accessible vicinity to the person to whom the magazine is loaned; (2) the importation of a magazine by a person who lawfully possessed the magazine in the state prior to January 1, 2000, lawfully took it out of the state and is returning to the state; (3) the sale or purchase of a magazine to or by a person licensed to sell firearms; and (4) the lending or giving of a magazine to a licensed dealer or gunsmith for repair and its return to its owner.
Possession of other firearms and related items may be punished as either a misdemeanor or as a felony. This includes, but is not limited to:(1) any firearm that is not immediately recognizable as a firearm; (2) any camouflaging firearm container; (3) any ammunition which contains any flechette dart; (4) any bullet containing or carrying an explosive agent; (5) any multiburst trigger activator; (6) any short-barreled shotgun or rifle; (7) any zip gun; and (8) any unconventional pistol. The following are some of the exceptions: (1) possession of short-barreled shotguns and rifles when authorized by the Department of Justice and not in violation of federal law; (2) antique firearms, which are defined as: any firearm not designed or redesigned for using rimfire or centerfire ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before 1898) and also any firearm manufactured in or before 1898 using fixed ammunition which is no longer manufactured in the U.S. and is not readily available in the ordinary channels of commercial trade; (3) tracer ammunition for use in shotguns; and (4) any "curio or relic" or "any other weapon" as defined by federal law possessed by a person who is otherwise permitted to possess it under federal law and not prohibited from possessing firearms and ammunition under California law.
It is unlawful to carry a loaded rifle, shotgun, or handgun in any public place or on any public street in an incorporated area or an area where firing a firearm is prohibited. In California, a firearm is considered loaded if unexpended ammunition capable of being used in the firearm is attached in any manner to the firearm. The following persons and situations are exceptions:
1. Persons shooting on target ranges, or while hunting on the premises of a shooting club.
2. A person who reasonably believes that he or his property is in immediate danger and the weapon must be carried for "preservation."1
3. A person "engaged in the act of making or attempting lawful arrest."
4. A person carrying a firearm while at home or at his place of business, including temporary residences and campsites.
Carrying a handgun concealed is prohibited without a license. The law states that "Firearms carried openly in belt holsters are not concealed within the meaning of this section."
Application for a license to carry a concealed firearm is made to the county sheriff or the city chief of police.
The officer may issue a license if the applicant establishes that he or she is of "good moral character," a resident of the county and that "good cause exists" for the issuance of the license. The licensing authority shall give written notice of approval or denial within 90 days of application or 30 days after the receipt of the background check, whichever is later. "A license may include any reasonable restrictions or conditions" and it shall contain the caliber and serial number of the firearm(s) authorized to be carried. A new license applicant must complete a gun safety and use of force course. The course shall not exceed 24 hours; for renewals it shall be at least 4 hours. The Department of Justice shall charge a fee not to exceed the application processing costs, and the licensing authority may charge a fee not to exceed $100, excluding fingerprint and training costs. The renewal fee shall not exceed $25 and the amendment fee shall not exceed $10. The applicant may be required to take a psychological test used by the licensing authority for its employees, and the testing fee shall not exceed $150. The license is valid up to 2 years. But the license is valid only for up to 90 days if the applicant`s place of employment or business was the basis for its issuance, and it shall be valid only in the county where it was issued. A license holder must notify the licensing authority in writing within 10 days of a change of residence.
The issuing officer has the power to include, in his discretion, any "reasonable" restrictions on the license to carry (such as time, place, etc.).
The application must contain a description of the licensee and the gun or guns to be carried. The applicant must be fingerprinted and a copy of the prints sent to the Department of Justice.
NOTE: Despite the existence of this licensing procedure, it is reported that in many California counties, the license is extremely difficult, if not impossible, to obtain.
CARRYING AND TRANSPORTATION IN VEHICLES
Carrying a handgun concealed within a vehicle is prohibited without a license. A handgun carried in a glove compartment or under the seat of a vehicle is considered to be concealed. A handgun placed in the trunk of an automobile, or locked in a container in the vehicle other than the utility or glove compartment or while in a locked container carried directly to or from a vehicle is deemed not to be "concealed." A locked container means a fully enclosed secure container locked by a key lock or similar locking device.
Exceptions to this prohibition are:
1. Members of clubs organized for practice shooting while on any established target range or going to and from such range.
2. Licensed hunters and fishermen while engaged in hunting or fishing and while going to or from such hunting or fishing expeditions.
3. Members of an antique or historical collector`s club while at a show, or while going to and from a display as long as the weapons are locked in a trunk or are in a locked container.
ANTIQUES AND REPLICAS
Antique firearm means any firearm not designed or redesigned for using rimfire or centerfire ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before 1898) and also any firearm manufactured in or before 1898 using fixed ammunition which is no longer manufactured in the U.S. and is not readily available in the ordinary channels of commercial trade.
NATIONAL FIREARMS ACT FIREARMS
A machine gun is defined as any firearm which shoots, or is designed to shoot, automatically, more than one shot, without manual reloading, by single function of the trigger. The term also includes any conversion part, frame or receiver of a machine gun, or any firearm deemed as such by the federal government. Upon a showing of good cause, a permit for possession and/or transportation may be issued by the Department of Justice.
It is unlawful to possess a destructive device, including tracer or incendiary ammunition or any firearm larger than .60 caliber which fires fixed ammunition, or any fixed ammunition for such firearm. Excluded are shotguns and shotgun ammunition.
NOTE: It has been reported that the Department of Justice refuses to grant such permits.
No license or permit shall be required to possess keep, or carry a handgun openly or concealed in one`s home or place of business.
The state legislature also has expressed its intention to occupy the whole field of the regulation and licensing of firearms, thus precluding cities and other localities from enacting firearms laws.
It is unlawful to set any spring or "trap" gun.
It is unlawful to change, alter or remove the serial number, maker`s name or other identifying mark from any firearm, unless one has secured the written permission of the Department of Justice. Possession of a firearm with altered identifying marks creates a legal presumption that the possessor committed the offense.
It is unlawful to possess a firearm on the grounds or in the buildings of any school without permission of the school authorities, or courthouse, State Capitol building or grounds, any legislative office or the office or residence of the Governor, constitutional officer or member of the Legislature.
A minor under 16 may not possess live ammunition except with the written permission or under the supervision of a parent or guardian, or while going to or from an organized lawful recreational or competitive shooting activity or lawful hunting activity.
It is unlawful to possess, transport, or sell ammunition principally for use in a handgun which is "designed primarily to penetrate metal or armor." It is unlawful to possess a multi-burst trigger activator or a zipgun.
It is unlawful to store a loaded firearm where the person knows or reasonably should know that a child under 16 is likely to gain access to the firearm without the permission of the child`s parent or legal guardian and the child obtains access to the firearm and causes death or great bodily harm to self or any other person. This prohibition shall not apply if: (1) the child obtains the firearm as a result of an illegal entry to any premises by any person; (2) the firearm is kept in a locked container or in a location which a reasonable person would believe to be secure; (3) the firearm is carried on the person or within such a close proximity so that the individual can readily retrieve and use the firearm as if carried on the person; (4) the firearm is equipped with a locking device; (5) the person is a peace officer or member of the U. S. armed forces and the child obtains the firearm during, or incidental to, the performance of the person`s duties; (6) the child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person; and (7) the person who keeps a loaded firearm on any premise which is under person`s custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premise.
Effective January 1, 2000, the California Attorney General shall develop regulations on standards for firearm safety devices and gun safes. The report shall be presented to the legislature no later than January 1, 2001, and the final standards shall be effective January 1, 2002.
Effective January 1, 2001, all firearm safety devices must be tested by a laboratory certified by the California Department of Justice and the results submitted to the California Department of Justice.
Effective July 1,2001, the California department of Justice is required to compile, publish, and maintain a roster listing all approved firearms safety devices.
Effective January 1, 2002, all firearms sold or transferred or manufactured in California shall include or be accompanied by an approved firearm safety device, and shall be accompanied with warning language or labels about danger to children and the requirement of firearm safe storage
Exempt from the safety device requirement are transfers to law enforcement, firearms defined as antiques under federal law, owners of gun safes and purchasers of an approved firearm safety device no more than 30 days prior to the purchaser or transferee taking possession of the firearm.
The California Department of Justice may require each firearm dealer to charge a firearm purchaser or transferee a $1 transaction fee, which will go into the Firearm Safety Account.
Cal. Penal Code Sec. 12020 et. seq.
1. Claiming this exception is difficult, since a person accused of a violation must prove in court the "reasonableness" of his belief.
oh noes! a thumbhole stock! the horror, the absolute horror, save the children!
The only funny part is that the list of "Assault weapons" they have looks like my shopping list
That's just a SMALL fragment of the "Dangerous Weapons Control Laws" for California. The full text runs nearly 150 pages.
125, to be exact.
Call me cynical, but wouldn't some dealers love such legislation? They could buy at "distress" prices forced on poor California (or other commie state) schmucks, ,and sell at a profit to dealers in other states who in turn sell to their customers. Or, possibly sell internationally as arms suppliers to Third-World armies.