User Panel
User Panel
User Panel
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Posted: 10/16/2005 11:13:18 PM EDT
[#1]
★Assault Weapons
The purchase and transfer of "assault weapons" has been highly infrindged since 2000. The posession hasn't been restricted but the use of them has seen some very tight controls. What is considered an assault weapon under California law? There are three categories of assault weapons under California law.
Roberti-Roos Assault Weapon List (Designated Assault Weapons) The following designated semiautomatic firearms are "assault weapons": (a) All of the following specified rifles: (1) All AK series including, but not limited to, the models identified as follows: (A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S. (B) Norinco 56, 56S, 84S, and 86S. (C) Poly Technologies AKS and AK47. (D) MAADI AK47 and ARM. (2) UZI and Galil. (3) Beretta AR-70. (4) CETME Sporter. (5) Colt AR-15 series. (6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110 C. (7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter. (8) MAS 223. (9) HK-91, HK-93, HK-94, and HK-PSG-1 (10) The following MAC types: (A) RPB Industries Inc. sM10 and sM11. (B) SWD Incorporated M11. (11) SKS with detachable magazine. (12) SIG AMT, PE-57, SG 550, and SG 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) The following MAC types: (A) RPB Industries Inc. sM10 and sM11. (B) SWD Incorporated M-11. (C) Advance Armament Inc. M-11. (D) Military Armament Corp. Ingram M-11. (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) The Streetsweeper type S/S Inc. SS/12. These weapons needed to be removed from the state, rendered permanently inoperable, turned over to the police, or registered by January 23, 2001. They may not be brought into California except for Military members PCS’ed here on orders and then only with a permit. |
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Posted: 10/16/2005 11:13:36 PM EDT
[#2]
Kasler v. Lockyer Assault Weapon List (The AR/AK Series Law)
AK Series Weapons American Arms AK-Y 39 AK-F 39 AK-C 47 AK-F 47 Arsenal SLR (all) SLG (all) B-West AK-47 (all) Hesse Arms Model 47 (all) Wieger STG 940 Rifle Inter Ordnance - Monroe, NC RPK M-97 AK-47 (all) Kalashnikov USA Hunter Rifle / Saiga MAADI CO AK 47 * ARM * MISR (all) MISTR (all) Made in China 84S * AKM * 86S * AKS * 56 * AK * 56S * AK47 * MARS Pistol Mitchell Arms, Inc. M-90 AK-47 (all) AK-47 Cal .308 (all) M-76 RPK Norinco 86 S * 86 (all) 84 S * 81 S (all) 56 * RPK Rifle NHM 90, 90-2, 91 Sport AK-47 (all) MAK 90 56 S * Hunter Rifle Ohio Ordnance Works (o.o.w.) ROMAK 991 AK-74 Poly technologies AKS * AK47 * Valmet Hunter Rifle 76 S WUM WUM (all) * Specifically named in the Robert-Roos Assault Weapons Control Act of 1989 and required to be registered by March 31, 1992 AR-15 Series Weapons American Spirit USA Model Armalite AR 10 (all) M15 (all) Golden Eagle Bushmaster XM15 (all) Colt Law Enforcement (6920) Match Target (all) AR-15 (all) * Sporter (all) Dalphon B.F.D. DPMS Panther (all) Eagle Arms M15 (all) EA-15 A2 H-BAR EA-15 E1 Frankford Arsenal AR-15 (all) Hesse Arms HAR 15A2 (all) Knights SR-15 (all) SR-25 (all) RAS (all) Les Baer Ultimate AR (all) Olympic Arms AR-15 Car-97 PCR (all) Ordnance, Inc. AR-15 Palmetto SGA (all) Professional Ordnance, Inc. Carbon 15 Rifle Carbon 15 Pistol PWA All Models Rock River Arms, Standard Car A2 Standard Car A4 Flattop NM A2 - LE Tactical Wilson Combat AR-15 * Specifically named in the Robert-Roos Assault Weapons Control Act of 1989 and required to be registered by March 31, 1992 These 84 weapons were banned from future sales. The Kasler v. Lockyer California Supreme 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) 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) |
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Posted: 10/16/2005 11:13:52 PM EDT
[#3]
Senate Bill 23 Assault Weapon Characteristics
Effective January 1, 2000, Senate Bill 23, Statutes of 1999, establishes new criteria for defining assault weapons based on generic characteristics. This bill allows and requires persons who own/possess firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill adds Penal Code Section 12276.1 to the Penal Code as follows. 12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean 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. (d) This section shall become operative January 1, 2000. Are there any restrictions for the use of registered assault weapons? Yes. A person who has a registered assault weapon may possess it only under certain conditions as specified in Penal Code section 12285 (see below). 12285. (a)(1) Any person who lawfully possesses an assault weapon, as defined in Section 12276, prior to June 1, 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to Section 12276.5 shall register the firearm within 90 days, with the Department of Justice pursuant to those procedures that the department may establish. Except as provided in subdivision (a) of Section 12280, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to Section 12276.1, and which was not specified as an assault weapon under Section 12276 or 12276.5, shall register the firearm within one year of the effective date of Section 12276.1, with the department pursuant to those procedures that the department may establish. The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the actual processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department's budget or as otherwise increased through the Budget Act. The fees shall be deposited into the Dealers' Record of Sale Special Account. (2) Except as provided in subdivision (a) of Section 12280, any person who lawfully possesses any .50 BMG rifle prior to January 1, 2005, that is not specified as an assault weapon under Section 12276 or 12276.5 or defined as an assault weapon pursuant to Section 12276.1, shall register the .50 BMG rifle with the department no later than April 30, 2006, pursuant to those procedures that the department may establish. The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. The department may charge a fee for registration of twenty-five dollars ($25) per person to cover the actual processing and public education campaign costs of the department. The fees shall be deposited into the Dealers' Record of Sale Special Account. Data-processing costs associated with modifying the department's data system to accommodate .50 caliber BMG rifles shall not be paid from the Dealers Record of Sale Special Account. (b)(1) Except as provided in paragraph (2), no assault weapon possessed pursuant to this section may be sold or transferred on or after January 1, 1990, to anyone within this state other than to a licensed gun dealer, as defined in subdivision (c) of Section 12290, or as provided in Section 12288. Any person who (A) obtains title to an assault weapon registered under this section or that was possessed pursuant to paragraph (1) of subdivision (f) of Section 12280 by bequest or intestate succession, or (B) lawfully possessed a firearm subsequently declared to be an assault weapon pursuant to Section 12276.5, or subsequently defined as an assault weapon pursuant to Section 12276.1, shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer, obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, or remove the weapon from this state. A person who lawfully possessed a firearm that was subsequently declared to be an assault weapon pursuant to Section 12276.5 may alternatively register the firearm within 90 days of the declaration issued pursuant to subdivision (f) of Section 12276.5. (2) A person moving into this state, otherwise in lawful possession of an assault weapon, shall do one of the following: (A) Prior to bringing the assault weapon into this state, that person shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2. (B) The person shall cause the assault weapon to be delivered to a licensed gun dealer, as defined in subdivision (c) of Section 12290, in this state in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. If the person obtains a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, the dealer shall redeliver that assault weapon to the person. If the licensed gun dealer, as defined in subdivision (c) of Section 12290, is prohibited from delivering the assault weapon to a person pursuant to this paragraph, the dealer shall possess or dispose of the assault weapon as allowed by this chapter. [snip of .50 Caliber BMG stuff see below] (f) For 90 days following January 1, 1992, a forgiveness period shall exist to allow persons specified in subdivision (b) of Section 12280 to register with the Department of Justice assault weapons that they lawfully possessed prior to June 1, 1989. (g)(1) Any person who registered a firearm as an assault weapon pursuant to the provisions of law in effect prior to January 1, 2000, where the assault weapon is thereafter defined as an assault weapon pursuant to Section 12276.1, shall be deemed to have registered the weapon for purposes of this chapter and shall not be required to reregister the weapon pursuant to this section. [snip of .50 Caliber BMG stuff see below] (h) Any person who registers his or her assault weapon during the 90-day forgiveness period described in subdivision (f), and any person whose registration form was received by the Department of Justice after January 1, 1991, and who was issued a temporary registration prior to the end of the forgiveness period, shall not be charged with a violation of subdivision (b) of Section 12280, if law enforcement becomes aware of that violation only as a result of the registration of the assault weapon. This subdivision shall have no effect upon persons charged with a violation of subdivision (b) of Section 12280 of the Penal Code prior to January 1, 1992, provided that law enforcement was aware of the violation before the weapon was registered. |
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Posted: 10/16/2005 11:14:05 PM EDT
[#4]
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. Zastava SKS Carbines 59/66 are considered destructive devices in California and therefore may not be purchased, possessed, imported, or kept for sale without a permit. Based on the information in the factory brochure, this grenade launcher is a destructive device, and enumerated as such in California Penal Code section 12301(a)(4). Possession of such a device can be a felony. |
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Posted: 10/16/2005 11:14:48 PM EDT
[#5]
Reserved Rifles (other)
--note 30" overall required length -- note on pinned magazine FAL's - there is a loop-hole that allows you to have centerfire weapon with a fixed magazine or one that requires a tool to remove, a bullet tip is concidered a tool. So if you take an FAL's magazine release and use a hex screw to make it fixed the FAL is legal with the fixed 10-round magazine. Several companies including DSA make stripper clip dust covers to index a stripper clip for rapid use. From CalGuns (link to .PDF file in the top most posting)  
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Posted: 10/16/2005 11:15:00 PM EDT
[#6]
Magazines
Effective January 1, 2000, SB 23 generally prohibits, the manufacture, import, sale, giving or lending of large capacity magazines (defined as any ammunition feeding device with the capacity to accept more than 10 rounds, but does not include .22 caliber tube ammunition feeding devices). SB23 does NOT prohibit the owership of magazines owned prior to January 1, 2000 nor does it prevent the repair of damaged ones. If I have a large-capacity magazine, do I need to get rid of it? No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers. (lifted from CalGuns) I am writing in response to your letter (undated) regarding large-capacity ammunition magazines. You had a number of questions: Q1: Can you import newly manufactured parts to repair a legally obtained hi-cap magazine? A1: Yes. Q2: Are there any restrictions on which parts can and cannot be imported? A2: No. Q3: Can you import all the parts of a single hi-cap magazine at once, provided they are unassembled? A3: Yes. Q4: Can a California resident travel to another state, purchase a hi-cap magazine in that state, dissassemble it and ship the required replacement parts back to themselves in California? A4: Penal Code section 12020(a)(2) makes it illegal to import a large capacity magazine into the state of California. If you traveled to another state in order to import a large capacity magazine, you would be guilty of a felony, even if you disassembled the large capacity magazine before returning to California. If you disassembled the large capacity magazine with the intent to use it only as repair parts, you could lawfully bring the parts in to California. In either case, you would test the limits of the law, and be at risk of criminal prosecution. Q5: Can you replace the magazine body with one marked "For Law Enforcement Only"? A5: While theoretically you could use such a part to repair a lawfully owned large capacity magazine, most dealers would be unlikely to sell you such a magazine body, unless you were a law enforcement officer. Q6: Is there any limitation to the number of parts you can replace in a legally obtained hi-cap magazine? (Scenario: if on successive days I replace each individual part of a legally obtained hi-cap magazine, am I guilty of assembling a new hi-cap magazine once the final part is replaced?) A6: Whether the scenario you describe constitutes repairing or manufacturing a large capacity magazine depends upon the legal opinion of the prosecutor in the jurisdiction where the acts occur. There are 58 district attorneys in California's 58 counties. They could elect to prosecute you for a felony (Penal Code 12280(a)(2)), if they believed that you were manufacturing a large capacity magazine. Q7: If the magazine body is replaced with one clearly manufactured after 2000 is there any burden of proof upon a California resident that they did in fact replace a worn/obsolete part and did not illegally purchase/import a new hi-cap magazine. A7: A California resident who repairs a large capacity magazine that was owned before January 1, 2000 does not have any "burden of proof" that the magazine was repaired, rather than replaced with a new magazine. However, it would be prudent in such a case to keep records documenting the purchase of the part necessary for the repair in order to demonstrate that the large capacity magazine was repaired, not replaced. Q8: Can you use parts designed for a 10-round magazine to repair a legally obtained hi-cap magazine? A8: If parts designed for a 10-round magazine are interchangeable with parts of a legally obtained large capacity magazine, there is no legal barrier to using them. Q9: Can you have enough spare parts to assemble a new hi-cap magazine provided they are unassembled and intended for use as replacement parts? A9: Whether the scenario you describe constitutes posession of magazine parts with the intent to manufacture or with the intent to repair a large capacity magazine depends upon the legal opinion of the prosecutor in the jurisdiction where the acts occur. You could be charged with a felony (Penal Code 12280(a)(2)), if a prosecutor believed that you were manufacturing a large capacity magazine. I hope that this information was helpful. Please feel free to contact me again if you have any additional questions. Sincerely, Alison Merrilees Deputy Attorney General Firearms Division Effective 14 Jan 2014 AB 48 (Skinner): Strengthening Large Capacity Ammunition Magazine Ban AB 48 prohibits the use of “conversion kits” to manufacture large capacity ammunition magazines. It also prohibits the purchase of large capacity ammunition magazines and tightens the definition of “manufacture” in the current law to clarify that manufacturing includes assembling the parts of a magazine. LEGISLATIVE COUNSEL'S DIGEST AB 48, Skinner. Firearms: large-capacity magazines. (1) Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine a nuisance. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds but excludes, in pertinent part, a feeding device that has been permanently altered so that the magazine cannot accommodate more than 10 rounds. This bill would make it a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, to knowingly manufacture, import, keep for sale, offer or expose for sale, or give, lend, buy, or receive any large capacity magazine conversion kit that is capable of converting an ammunition feeding device into a large-capacity magazine. The bill would also make it a misdemeanor or a felony to buy or receive a large-capacity magazine, as specified. By creating a new crime, this bill would impose a state-mandated local program. (2) This bill would incorporate additional changes to Section 32310 of the Penal Code proposed by SB 396 that would become operative if this bill and SB 396 are both enacted and this bill is enacted last. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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Posted: 10/16/2005 11:15:20 PM EDT
[#7]
Pistols
Section 12276.1. (Amended by Stats. 2002, Ch. 911, Sec. 3.) Cite as: Cal. Penal Code §12276.1. (a)Notwithstanding Section 12276, “assault weapon” shall also mean any of the following: 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. Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement. This does not effect weapons owned prior to January 1, 2001, these are legal to retain. Currently there are over one thousand pistols that can be obtained: Roster of Handguns Certified for Sale Any person who moves into California and who brings any pistol, revolver, or other firearm capable of being concealed upon the person is considered to be a "Personal Handgun Importer" and is required to do one of the following within 60 days: Complete and submit a NEW RESIDENT HANDGUN OWNERSHIP REPORT form along with $19.00 to the Department of Justice. A separate report form and $19.00 fee is required for each handgun reported. NEW RESIDENT HANDGUN OWNERSHIP REPORT forms can be obtained from California Department of Motor Vehicles' offices, licensed firearms dealers, local police and sheriff's departments, the California Department of Justice Firearms Division at (916) 263-4887, and from the Online Forms Page at this site: ag.ca.gov/firearms/forms/index.html Sell or transfer the handgun(s) to a California licensed firearms dealer or to another individual using a California licensed firearms dealer to conduct the transaction. or Sell or transfer the handgun(s) to a California police or sheriff's department. Persons choosing this option should contact the law enforcement agency for instructions prior to transporting the handgun(s) to the agency. What are the Handgun Safety Certificate (HSC) requirements? Prior to the submission of DROS information for a handgun purchase, individuals purchasing handguns must present an HSC or provide the dealer with proof of exemption pursuant to California Penal Code Section 12081. The following qualify for HSC exempt status: Peace officer (active California) Peace officer (active federal) Peace officer (honorably retired California or federal) Reserve peace officer (as defined in Penal Code Section 832.6) Persons who have successfully completed P.O.S.T. 832 PC firearms training Federally licensed firearm collector who has a DOJ-issued COE who is acquiring a federally-defined curio/relic Person to whom a handgun is being returned, where he/she is the owner of the firearm Carry Concealed Weapon (CCW) Permit Holder Military - active duty Military - honorably retired Military - active reserve Certain particular and limited authority peace officers Persons who hold a DOJ-issued special weapons permit Persons taking possession of firearms pursuant to specific conditions related to operation of law acquisitions Law enforcement service weapon passed to surviving family member (PC sections 12071, 12081) I am a collector of firearms and I want to purchase a pair of consecutively-numbered pistols. Does the one-handgun-per-30-day restriction apply? No. If you possess a valid federal Curio & Relics Collector's license and a valid California Certificate of Eligibility, you are exempt from the one-handgun-per-30-day restriction. I am moving into California and I own several handguns. What are the new-resident registration requirements? You are considered to be a personal handgun importer as defined by California law. You may bring all of your otherwise California-legal firearms with you, but you must report all of your handguns to the DOJ within 60 days as required utilizing the New Resident Handgun Ownership Report. You are not required to report rifles or shotguns. You may not bring ammunition feeding devices with a capacity greater than ten rounds, machineguns, or assault weapons into California. (PC sections 12001(n), 12072(f)(2)) Olympic Pistols Exempt from “Unsafe Handgun” and Assault Weapon Statutory Provisions Penal Code (PC) sections 12132(h)(3) and 12276.1(c)(3) exempt certain qualifying competitive Olympic pistols from the “unsafe handgun” provisions of Penal Code section 12125, et seq., and the assault weapon provisions of Penal Code section 12275, et seq. In addition to pistols specifically identified in the statutes, the Department of Justice (DOJ) is authorized to exempt pistols based on recommendations from “USA Shooting,” the national governing body for international shooting competition in the United States. The Roster of Exempted Olympic Competition Pistols established by the Department of Justice pursuant to Section 995 of Chapter 13.7 of Title 11of the California Code of Regulations identifies all of the Olympic pistols that are exempt from the “unsafe handgun” and assault weapon provisions. Do I need to submit fingerprints? NO – You do not need to be fingerprinted prior to the purchase of a handgun. Some stores collect them for their own protection against bogus check writers just like the guys at Check-in-to-Cash payroll advance places do. What is this about evidence of residency? This applies to handguns only. All you need to do is provide a document such as an electricity bill, gas bill, cable bill, current car registration, etc. with your name & address on it less than 90 days old. This is to prove you are a resident of California. ag.ca.gov/firearms/forms/pdf/op.pdf Edited to update handgun roster link - Big_Bear |
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Posted: 10/16/2005 11:15:39 PM EDT
[#8]
Curious and Relics
There is a lot of confusion around concerning the California regulations on C&R Firearms. The first thing to remember is that California, with few exceptions, requires all firearms transfers in the state to be processed through a dealer [Penal Code 12072(d)]. There is no exception for C&R FFL holders. There is however, an exception to the dealer transfer requirement for C&R rifles and shotguns that are over 50 years old. [PC 12078(t)(2)] This exception is available to anyone legally able to possess firearms. California doesn't care if you are licensed or not, that's a Federal matter. The 50 year rifle and shotgun exception is the reason that C&R FFL holders in California can receive these types of firearms directly from an out of state supplier. The California definition for a C&R firearm is exactly the same as that used by BATF in 27CFR. California references both Title 18 and 27 CFR for the definition. If the Feds say a firearm is C&R, so does the California DOJ. There are a couple of exceptions to the firearms laws that are available to C&R FFL holders. If the licensee also holds a Certificate of Eligibility (COE) from the California DOJ, they are exempt from the 10-day waiting period when buying C&R firearms from a dealer. [PC 12078(t)(1)] The same C&R FFL holder with a COE is also exempt from the one handgun a month law for both C&R and modern handguns. [PC 12072(a)(9)(B)] You also would not need a handgun safety certificate when purchasing C&R handguns. [PC 12807(a)(6)] Where the C&R FFL comes in handy is when the holder is out of the state. They may purchase any C&R firearm and bring it back to California. The exceptions of course include those "evil" "assault weapons"; and magazines with a capacity greater than 10 rounds cannot be brought back. Any C&R handguns purchased must be registered with the California DOJ within 5 days and are reported on Form BCIA 4100A along with a $19.00 payment for each handgun. [PC 12072(f)(3)] Thanks to EOD_GUY for the above text Here are the required C&R reporting forms for the new requirement to report C&R purchases to the CA DOJ. i80.photobucket.com/albums/j190/mammothffl/CRReportPage1.jpg i80.photobucket.com/albums/j190/mammothffl/CRReportPage2.jpg And thanks to Photog for these form images above |
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Posted: 10/16/2005 11:16:02 PM EDT
[#9]
Ammunition
Tracer ammunition (except for use in shotguns) is illegal in California as it is included in the definition of a destructive device; possession of even a single round of World War II 30-06 tracer ammunition can subject you to felony prosecution. 12316. (a)(1) Any person, corporation, or dealer who does either of the following shall be punished by imprisonment in a county jail for a term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both the imprisonment and fine: (A) Sells any ammunition or reloaded ammunition to a person knowing that person to be under 18 years of age. (B) Sells any ammunition or reloaded ammunition designed and intended for use in a pistol, revolver, or other firearm capable of being concealed upon the person to a person knowing that person to be under 21 years of age. As used in this subparagraph, "ammunition" means handgun ammunition as defined in subdivision (a) of Section 12323. Where ammunition or reloaded ammunition may be used in both a rifle and a handgun, federal law shall be considered for purposes of enforcing this subparagraph. (2) Proof that a person, corporation, or dealer, or his or her agent or employee, demanded, was shown, and acted in reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this subdivision. As used in this subdivision, "bona fide evidence of majority and identity" means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, California state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person. (b)(1) No person prohibited from owning or possessing a firearm under Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code shall own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition. (2) For purposes of this subdivision, "ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. (3) A violation of this subdivision is punishable by imprisonment in a county jail not to exceed one year or in the state prison, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment. (c) Unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties or persons exempted under subparagraph (A) of paragraph (1) of subdivision (a) of Section 12027. This subdivision shall not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making an arrest or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, a person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is engaged in the performance of his or her duties, as defined in subdivision (e) of Section 7521 of the Business and Professions Code. A violation of this subdivision is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine. (d)(1) A violation of paragraph (1) of subdivision (b) is justifiable where all of the following conditions are met: (A) The person found the ammunition or reloaded ammunition or took the ammunition or reloaded ammunition from a person who was committing a crime against him or her. (B) The person possessed the ammunition or reloaded ammunition no longer than was necessary to deliver or transport the ammunition or reloaded ammunition to a law enforcement agency for that agency's disposition according to law. (C) The person is prohibited from possessing any ammunition or reloaded ammunition solely because that person is prohibited from owning or possessing a firearm only by virtue of Section 12021. (2) Upon the trial for violating paragraph (1) of subdivision (b), the trier of fact shall determine whether the defendant is subject to the exemption created by this subdivision. (3) The defendant has the burden of proving by a preponderance of the evidence that he or she is subject to the exemption provided by this subdivision. 12320. Any person, firm, or corporation who, within this state knowingly possesses any handgun ammunition designed primarily to penetrate metal or armor is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the state prison or in the county jail for a term not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both such fine and imprisonment. 12321. Any person, firm, or corporation who, within this state, manufactures, imports, sells, offers to sell, or knowingly transports any handgun ammunition designed primarily to penetrate metal or armor is guilty of a felony and upon conviction thereof shall be punished by imprisonment in state prison, or by a fine not to exceed five thousand dollars ($5,000), or by both such fine and imprisonment. 12322. Nothing in this chapter shall apply to or affect either of the following: (a) The sale to, purchase by, possession of, or use of any ammunition by any member of the Army, Navy, Air Force, or Marine Corps of the United States, or the National Guard, while on duty and acting within the scope and course of his or her employment, or any police agency or forensic laboratory or any person who is the holder of a valid permit issued pursuant to Section 12305. (b) The possession of handgun ammunition designed primarily to penetrate metal or armor by a person who found the ammunition, if he or she is not prohibited from possessing firearms or ammunition pursuant to Section 12021, 12021.1, or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code and is transporting the ammunition to a law enforcement agency for disposition according to law. 12323. As used in this chapter, the following definitions shall apply: (a) "Handgun ammunition" means ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon the person, as defined in subdivision (a) of Section 12001, notwithstanding that the ammunition may also be used in some rifles. (b) "Handgun ammunition designed primarily to penetrate metal or armor" means any ammunition, except a shotgun shell or ammunition primarily designed for use in rifles, that is designed primarily to penetrate a body vest or body shield, and has either of the following characteristics: (1) Has projectile or projectile core constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, beryllium copper, or depleted uranium, or any equivalent material of similar density or hardness. (2) Is primarily manufactured or designed, by virtue of its shape, cross-sectional density, or any coating applied thereto, including, but not limited to, ammunition commonly known as "KTW ammunition," to breach or penetrate a body vest or body shield when fired from a pistol, revolver, or other firearm capable of being concealed upon the person. (c) "Body vest or shield" means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer or holder. (d) "Rifle" shall have the same meaning as defined in paragraph (20) of subdivision (c) of Section 12020. 12324 Nothing in this chapter shall prohibit the possession, importation, sale, attempted sale, or transport of ammunition from which the propellant has been removed and the primer has been permanently deactivated. |
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Posted: 10/16/2005 11:16:13 PM EDT
[#10]
Night Vision Rifle Scopes (sniper scopes)
Title 2 of part 4 of the penal code, 468. Any person who knowingly buys, sells, receives, disposes of, conceals, or has in his possession a sniperscope shall be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. As used in this section, sniperscope means any attachment, device or similar contrivance designed for or adaptable to use on a firearm which, through the use of a projected infrared light source and electronic telescope, enables the operator thereof to visually determine and locate the presence of objects during the nighttime. This section shall not prohibit the authorized use or possession of such sniperscope by a member of the armed forces of the United States or by police officers, peace officers, or law enforcement officers authorized by the properly constituted authorities for the enforcement of law or ordinances; nor shall this section prohibit the use or possession of such sniperscope when used solely for scientific research or educational purposes. Paul - it appears to be legal to have a Night Vision Rifle Scope that does NOT use an IR illumination. Goggles are NOT covered by this penal code. It would also appear the thermal scopes are not covered as well. |
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Posted: 10/16/2005 11:16:48 PM EDT
[#11]
80% Lowers/80% firearms
The Gun Control Act of 1968 [GCA] states: “Persons engaged in the business of manufacturing firearms must be licensed”. However, apart from that, certain exceptions are made. The Act allows a firearm may be made by a non-licensee, provided it is not for sale and the maker is not prohibited from possessing firearms. Our purchasers are the “makers” or "manufactureres" of the receiver. Unfinished Gun Receivers and Blueprints (A7) Does the GCA prohibit anyone from making a handgun, shotgun or rifle? With certain exceptions a firearm may be made by a nonlicensee provided it is not for sale and the maker is not prohibited from possessing firearms. However, a person is prohibited from making a semiautomatic assault weapon or assembling a nonsporting semiautomatic rifle or nonsporting shotgun from imported parts. In addition, the making of an NFA firearm requires a tax payment and approval by ATF. An application to make a machinegun will not be approved unless documentation is submitted showing that the firearm is being made for a federal or state agency. [18 U. S. C. 922( o), (r), (v), and 923, 27 CFR 178.39, 178.40, 178.41 and 179.105] What is an 80% receiver/frame/gun? An 80% receiver (or frame, or gun) is an uncompleted receiver of a firearm. A 100% receiver would be a transferrable firearm that you'd get from an FFL. Basically, it's a hunk of metal that looks alot like a receiver for a firearm, but not quite. They make nice paper weights, or fun projects for someone who wants to build there own gun from (nearly) scratch. If you can legally own a pistol, you can legally complete an 80% pistol frame. Ie, 21 years old, and could pass a 4473 plus background check. Rifle 80% frames must meet the rifle requirements (18+, 4473 or local equivalent, etc) There's no Federal requirement to register it. Also note that you have to comply with federal and state laws concerning the type of firearm you eventually build, ie, you can't manufacture a machine gun or one that accepts more than 10 rounds or has a detachable magazine. No FFL is necessary to purchase or receive an 80% frame. Since an 80% receiver is not considered a gun by law, there is no requirement that you get it from anyone in particular. Until the receiver is completed, it doesn't fall under firearms law. The big sticking point about an 80% receiver is that you, the eventual owner/builder of the firearm, has to complete all of the remaining 20% of the work by yourself. You, yourself, need to finish it. Just make sure that you run the equipment, you use the tips, and you finish it all by yourself. After completing it, you should put a serial number and your name, or some name on it so as to make it identifiable should the need ever arise. Paul: Here's where it gets really sticky. The Penal Code 12276.1 bans AR's by "series" - which in fact is vague and un-Constitutional ... however the courts have ruled that the law stands as written. So even if you finish your AR as a bolt action, pump, black powder, or fixed 10-round magazine some DA can prosecute you for possession of an "AR". A DA can indite a ham sandwich too. However companies are selling such weapons here. |
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Posted: 10/16/2005 11:17:05 PM EDT
[#12]
There is NO Reciprocity for concealed carry permit holders from other states.
Traveling People vs. Clark (CA 1999) defined "loaded" as to having cartridges in the chamber or magazine inserted into a weapon. It removed the previous restriction on having say shotgun shells in a side-saddle carrier. Loaded magazines not attached to a weapon do not load the weapon. Seating the magazine into the magazine well does. http://www.hoffmang.com/firearms/People-v-Clark-%281996%29.pdf If you have a registered assault weapon and travel outside of California with the firearm, can you bring the firearm back into California? Yes, as a long as it is transported in accordance with Penal Code sections 12285 and 12026.1. General Guidelines for Transporting Firearms in California HANDGUNS California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not within any of the classes excepted from firearm possession and who resides or is temporarily in California from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person if the firearm is unloaded and in a locked container. The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1. SHOTGUNS AND RIFLES Nonconcealable firearms (rifles and shotguns) are not generally covered within the provisions of California Penal Code section 12025 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported. A rifle or shotgun that is considered an assault weapon in California must be transported in accordance with Penal Code section 12026.1. REGISTERED ASSAULT WEAPONS California Penal Code section 12285(c)(7) requires that registered assault weapons may be transported only between specified locations and must be unloaded and in a locked container when transported. The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1. I am moving into California and I own several handguns. What are the new-resident registration requirements? You are considered to be a personal handgun importer as defined by California law. You may bring all of your otherwise California-legal firearms with you, but you must report all of your handguns to the DOJ within 60 days as required utilizing the New Resident Handgun Ownership Report. You are not required to report rifles or shotguns. You may not bring ammunition feeding devices with a capacity greater than ten rounds, machineguns, or assault weapons into California. (PC sections 12001(n), 12072(f)(2)) |
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Posted: 10/16/2005 11:17:19 PM EDT
[#13]
Knives
653k. Every person who possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor. For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife, and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position. For purposes of this section, "passenger's or driver's area" means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein. 12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison: (1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses... any ballistic knife, any nunchaku, any metal knuckles, any belt buckle knife, any leaded cane, any shuriken, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag. 12001.1. (a) Any person in this state who commercially manufactures or causes to be commercially manufactured, or who knowingly imports into the state for commercial sale, keeps for commercial sale, or offers or exposes for commercial sale, any undetectable knife is guilty of a misdemeanor. As used in this section, an "undetectable knife" means any knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death that is commercially manufactured to be used as a weapon and is not detectable by a metal detector or magnetometer, either handheld or otherwise, that is set at standard calibration. More on knives here: pweb.netcom.com/~brlevine/ca.txt The rules on "what is a legal pocketknife versus a switchblade" are contained in Penal Code 653k. In it's entirety (current effective 1/1/2002): 653k: Every person who possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor. For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Bill SB 274, clarifies the definition of a one-hand opening knife so they are not wrongly classified as switchblades. Bill SB 274 clearly states: For the purposes of this section, switchblade knife means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. Definition of Switchblade knife does not include a knife that is designed to open with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife utilizes a detent or other mechanism that (a) provides resistance that must be overcome in opening the blade, or (b) biases the blade back toward its closed position. In order to ensure that only legitimate one-handed opening knives are covered, SB 274 narrows the language to only allow knives to fall under the exemption from the switchblade law if that one-handed opening knife contains a detent or similar mechanism. Such mechanisms ensure there is a measure of resistance that prevents the knife from being easily opened with a flick of the wrist. Moreover, a detent or other mechanism is prudent and a matter of public safety as it will ensure that a blade will not inadvertently come open. |
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Posted: 10/16/2005 11:17:30 PM EDT
[#14]
Stun Guns
244.5. (a) As used in this section, "stun gun" means any item, except a taser, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge. (b) Every person who commits an assault upon the person of another with a stun gun or a taser shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment in the state prison for 16 months, two, or three years. (c) Every person who commits an assault upon the person of a peace officer or firefighter with a stun gun or taser, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the county jail for a term not exceeding one year, or by imprisonment in the county jail for a term not exceeding one year, or by imprisonment in the state prison for two, three, or four years. (d) This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution. Section 245 is Assault with a Deadly Weapon or Force. ARTICLE 7. STUN GUNS 12650. "Stun gun" as used in this chapter shall include any item, except a taser, used or intended to be used as either an offensive or defensive weapon capable of temporarily immobilizing a person by the infliction of an electrical charge. 12651. Notwithstanding any other provision of law, any person may purchase, possess, or use a stun gun, subject to the following requirements: (a) No person convicted of a felony or any crime involving an assault under the laws of the United States, of the State of California, or any other state, government, or country or convicted of misuse of a stun gun under Section 244.5, shall purchase, possess, or use stun guns. (b) No person who is addicted to any narcotic drug shall purchase, possess, or use a stun gun. (c) No person shall sell or furnish any stun gun to a minor unless the minor is at least 16 years of age and has the written consent of his or her parent or legal guardian. Violation of this subdivision shall be a public offense punishable by a fifty dollar ($50) fine for the first offense. Any subsequent violation of this subdivision is a misdemeanor. (d) No minor shall possess any stun gun unless the minor is at least 16 years of age and has the written consent of his or her parent or legal guardian. 12652. Each stun gun sold shall contain both of the following: (a) The name of the manufacturer stamped on the stun gun. (b) The serial number applied by the manufacturer. 12653. Unless otherwise specified, any violation of this article is a misdemeanor. 12654. Each stun gun sold in this state shall be accompanied by an instruction booklet. Violation of this section shall be a public offense punishable by a fifty dollar ($50) fine for each weapon sold without the booklet. |
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Posted: 10/16/2005 11:17:58 PM EDT
[#15]
.50 Browning Machine Gun (BMG) rifles
12278. (a) As used in this chapter, a ".50 BMG rifle" means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon pursuant to Section 12276, 12276.1, or 12276.5, or a machinegun, as defined in Section 12200. (b) As used in this chapter, a ".50 BMG cartridge" means a cartridge that is designed and intended to be fired from a center fire rifle and that meets all of the following criteria: (1) It has an overall length of 5.54 inches from the base to the tip of the bullet. (2) The bullet diameter for the cartridge is from .510 to, and including, .511 inch. (3) The case base diameter for the cartridge is from .800 inch to, and including, .804 inch. (4) The cartridge case length is 3.91 inches. (c) A ".50 BMG rifle" does not include any "antique firearm," nor any curio or relic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations. (d) As used in this section, "antique firearm" means any firearm manufactured prior to January 1, 1899. 12280. (a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years. (2) In addition and consecutive to the punishment imposed under paragraph (1), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of paragraph (1) shall receive an enhancement of one year. (b) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, is punishable by imprisonment in a county jail for a period not exceeding one year, or by imprisonment in the state prison. However, a first violation of these provisions is punishable by a fine not exceeding five hundred dollars ($500), if the person was found in possession of no more than two firearms in compliance with subdivision (c) of Section 12285and the person meets all of the following conditions: (1) The person proves that he or she lawfully possessed the assault weapon prior to the date it was defined as an assault weapon pursuant to Section 12276, 12276.1, or 12276.5. (2) The person has not previously been convicted of a violation of this section. (3) The person was found to be in possession of the assault weapon within one year following the end of the one-year registration period established pursuant to subdivision (a) of Section 12285. (4) The person relinquished the firearm pursuant to Section 12288, in which case the assault weapon shall be destroyed pursuant to Section 12028. (c) Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, is punishable by a fine of one thousand dollars($1,000), imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment. However, a first violation of these provisions is punishable by a fine not exceeding five hundred dollars ($500), if the person was found in possession of no more than two firearms in compliance with subdivision (a) of Section 12285 and the person meets the conditions set forth in paragraphs (1), (2), and (3): (1) The person proves that he or she lawfully possessed the .50 BMG rifle prior to January 1, 2005. (2) The person has not previously been convicted of violating this section. (3) The person was found to be in possession of the .50 BMG rifle within one year following the end of the .50 BMG rifle registration period established pursuant to subdivision (a) of Section 12285. (4) Firearms seized pursuant to this subdivision from persons who meet all of the conditions set forth in paragraphs (1), (2), and (3)shall be returned unless the court finds in the interest of public safety, after notice and hearing, that the .50 BMG rifle should be destroyed pursuant to Section 12028. Firearms seized from persons who do not meet the conditions set forth in paragraphs (1), (2), and (3) shall be destroyed pursuant to Section 12028. (d) Notwithstanding Section 654 or any other provision of law, any person who commits another crime while violating this section may receive an additional, consecutive punishment of one year for violating this section, in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime. (e) Subdivisions (a), (b), and (c) shall not apply to the sale to, purchase by, importation of, or possession of assault weapons or a . 50 BMG rifle by the Department of Justice, police departments, sheriffs' offices, marshals' offices, the Youth and Adult Corrections Agency, the Department of the California Highway Patrol, district attorneys' offices, Department of Fish and Game, Department of Parks and Recreation, or the military or naval forces of this state or of the United States, or any federal law enforcement agency for use in the discharge of their official duties. (f)(1) Subdivision(s) (b) and (c) shall not prohibit the possession or use of assault weapons or a . 50 BMG rifle by sworn peace officer members of those agencies specified in subdivision (e) for law enforcement purposes, whether on or off duty. (2) Subdivisions (a), (b), and (c) shall not prohibit the delivery, transfer, or sale of an assault weapon or a .50 BMG rifle to, or the possession of an assault weapon or a .50 BMG rifle by, a sworn peace officer member of an agency specified in subdivision (e), provided that the peace officer is authorized by his or her employer to possess or receive the assault weapon or the .50 BMG rifle. Required authorization is defined as verifiable written certification from the head of the agency, identifying the recipient or possessor of the assault weapon as a peace officer and authorizing him or her to receive or possess the specific assault weapon. For this exemption to apply, in the case of a peace officer who possesses or receives the assault weapon prior to January 1, 2002, the officer shall register the assault weapon pursuant to Section 12285 on or before April 1, 2002; in the case of a peace officer who possesses or receives the assault weapon on or after January 1, 2002, the officer shall register the assault weapon pursuant to Section 12285 not later than 90 days after possession or receipt. In the case of a peace officer who possesses or receives a .50 BMG rifle on or before January 1, 2005, the officer shall register the .50 BMG rifle on or before April 30, 2006. In the case of a peace officer who possesses or receives a .50 BMG rifle after January 1, 2005, the officer shall register the .50 BMG rifle not later than one year after possession or receipt. The peace officer must include with the registration, a copy of the authorization required pursuant to this paragraph. (3) Nothing in this section shall be construed to limit or prohibit the delivery, transfer, or sale of an assault weapon or a .50 BMG rifle to, or the possession of an assault weapon or a .50 BMG rifle by, a member of a federal law enforcement agency provided that person is authorized by the employing agency to possess the assault weapon or .50 BMG rifle. (g) Subdivision (b) shall not apply to the possession of an assault weapon during the 90-day period immediately after the date it was specified as an assault weapon pursuant to Section 12276.5, or during the one-year period after the date it was defined as an assault weapon pursuant to Section 12276.1, if all of the following are applicable: (1) The person is eligible under this chapter to register the particular assault weapon. (2) The person lawfully possessed the particular assault weapon prior to the date it was specified as an assault weapon pursuant to Section 12276.5, or prior to the date it was defined as an assault weapon pursuant to Section 12276.1. (3) The person is otherwise in compliance with this chapter. (h) Subdivisions (a), (b), and (c) shall not apply to the manufacture by persons who are issued permits pursuant to Section 12287 of assault weapons or .50 BMG rifles for sale to the following: (1) Exempt entities listed in subdivision (e). (2) Entities and persons who have been issued permits pursuant to Section 12286 or 12287. (3) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in paragraphs (4) to (6), inclusive. (4) Federal military and law enforcement agencies. (5) Law enforcement and military agencies of other states. (6) Foreign governments and agencies approved by the United States State Department. (i) Subdivision (a) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Section 12285 or that was possessed pursuant to paragraph (1) of subdivision (f) which is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter. (j) Subdivisions (b) and (c) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Section 12285 or that was possessed pursuant to paragraph (1) of subdivision (f), if the assault weapon or .50 BMG rifle is possessed at a place set forth in paragraph (1) of subdivision (c) of Section 12285 or as authorized by the probate court. (k) Subdivision (a) shall not apply to: (1) A person who lawfully possesses and has registered an assault weapon or .50 BMG rifle pursuant to this chapter who lends that assault weapon or .50 BMG rifle to another if all the following apply: (A) The person to whom the assault weapon or .50 BMG rifle is lent is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (B) The person to whom the assault weapon or .50 BMG rifleis lent remains in the presence of the registered possessor of the assault weapon or .50 BMG rifle. (C) The assault weapon or .50 BMG rifle is possessed at any of the following locations: (i) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range. (ii) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets. (iii) While attending any exhibition, display, or educational project that is about firearms and that 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. (2) The return of an assault weapon or .50 BMG rifle to the registered possessor, or lawful possessor, which is lent by the same pursuant to paragraph (1). (l) Subdivisions (b) and (c) shall not apply to the possession of an assault weapon or .50 BMG rifle by a person to whom an assault weapon or .50 BMG rifle is lent pursuant to subdivision (k). (m) Subdivisions (a), and (b), and (c) shall not apply to the possession and importation of an assault weapon or a .50 BMG rifle into this state by a nonresident if all of the following conditions are met: (1) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon or a .50 BMG rifle. (2) The competition or match is conducted on the premises of one of the following: (A) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range. (3) Except as provided in paragraph (4), no .50 BMG rifle possessed pursuant to this section may be sold or transferred on or after January 1, 2005, to anyone within this state other than to a licensed gun dealer, as defined in subdivision (c) of Section 12290, or as provided in Section 12288. Any person who obtains title to a . 50 BMG rifle registered under this section or that was possessed pursuant to paragraph (1) of subdivision (f) of Section 12280 by bequest or intestate succession shall, within 180 days of receipt, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer, obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, or remove the weapon from this state. (4) A person moving into this state, otherwise in lawful possession of a .50 BMG rifle, shall do one of the following: (A) Prior to bringing the .50 BMG rifle into this state, that person shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2. (B) The person shall cause the .50 BMG rifle to be delivered to a licensed gun dealer, as defined in subdivision (c) of Section 12290 in this state in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. If the person obtains a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, the dealer shall redeliver that .50 BMG rifle to the person. If the licensed gun dealer, as defined in subdivision (c) of Section 12290 is prohibited from delivering the .50 caliber BMG rifle to a person pursuant to this paragraph, the dealer shall dispose of the .50 BMG rifle as allowed by this chapter. (c) A person who has registered an assault weapon or registered a .50 BMG rifle under this section may possess it only under any of the following conditions unless a permit allowing additional uses is first obtained under Section 12286: (1) At that 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. (2) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets. (3) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range. (4) While on the premises of a shooting club which is licensed pursuant to the Fish and Game Code. (5) While attending any exhibition, display, or educational project which is about firearms and 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. (6) While on publicly owned land if the possession and use of a firearm described in Section 12276,12276.1, or 12278, is specifically permitted by the managing agency of the land. (7) While transporting the assault weapon or .50 BMG rifle between any of the places mentioned in this subdivision, or to any licensed gun dealer, as defined in subdivision (c) of Section 12290, for servicing or repair pursuant to subdivision (b) of Section 12290, if the assault weapon is transported as required by Section 12026.1. (d) No person who is under the age of 18 years, no person who is prohibited from possessing a firearm by Section 12021 or 12021.1, and no person described in Section 8100 or 8103 of the Welfare and Institutions Code may register or possess an assault weapon or .50 BMG rifle. (e) The department's registration procedures shall provide the option of joint registration for assault weapons or .50 BMG rifle owned by family members residing in the same household [snip of other assault weapons - see above] (2) Any person who legally registered a firearm as an assault weapon pursuant to the provisions of law in effect prior to January 1, 2005, where the assault weapon is thereafter defined as a .50 caliber BMG rifle pursuant to Section 12278, shall be deemed to have registered the weapon for purposes of this chapter and shall not be required to reregister the weapon pursuant to this section. Paul: Note that this only bans the .50 Browning Machine Gun and not any other .50 caliber weapon or round. Black powder, the Beowolf and a number of other .50 caliber weapons are not affected. Several manufactures have stated that they're working on a slightly modified .50 BMG round that will set the shoulder back by a few thousands of an inch so that it no longer matches the definition in the law. Shooters could pull .50 BMG rounds, trim the neck a bit, and then fire them in their slightly modified weapons. |
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Posted: 10/16/2005 11:18:25 PM EDT
[#16]
Firearm Safety Devices
ARTICLE 4.5. FIREARMS SAFETY DEVICES 12087. This article shall be known and may be cited as the "Aroner-Scott-Hayden Firearms Safety Act of 1999." 12088. (a) The Department of Justice shall certify laboratories to verify compliance with standards for firearms safety devices set forth in Section 12088.2. (b) The Department of Justice may charge any laboratory that is seeking certification to test firearms safety devices a fee not exceeding the costs of certification, including costs associated with the development and approval of regulations and standards pursuant to Section 12088.2. (c) The certified laboratory shall, at the manufacturer's or dealer's expense, test the firearms safety device and submit a copy of the final test report directly to the Department of Justice along with the firearms safety device. The department shall notify the manufacturer or dealer of its receipt of the final test report and the department's determination as to whether the firearms safety device tested may be sold in this state. (d) On and after July 1, 2001, the Department of Justice shall compile, publish, and thereafter maintain a roster listing all of the firearms safety devices that have been tested by a certified testing laboratory, have been determined to meet the department's standards for firearms safety devices and may be sold in this state. (e) The roster shall list, for each firearms safety device, the manufacturer, model number, and model name. (f) The department may randomly retest samples obtained from sources other than directly from the manufacturer of the firearms safety device listed on the roster to ensure compliance with the requirements of this article. (g) Firearms safety devices used for random sample testing and obtained from sources other than the manufacturer shall be in new, unused condition, and still in the manufacturer's original and unopened package. 12088.1. (a) All firearms sold or transferred in this state by a licensed firearms dealer, including private transfers through a dealer, and all firearms manufactured in this state, shall include or be accompanied by a firearms safety device that is listed on the Department of Justice's roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the roster for use with the device. (b) All firearms sold or transferred in this state by a licensed firearms dealer, including private transfers through a dealer, and all firearms manufactured in this state shall be accompanied with warning language or labels as described in Section 12088.3. (c)(1) All long-gun safes commercially sold or transferred in this state, or manufactured in this state for sale in this state, that do not meet the standards for gun safes adopted pursuant to Section 12088.2 shall be accompanied by the following warning: "WARNING: This gun safe does not meet the safety standards for gun safes specified in California Penal Code Section 12088.2. It does not satisfy the requirements of Penal Code Section 12088.1, which mandates that all firearms sold in California be accompanied by a firearms safety device or proof of ownership, as required by law, of a gun safe that meets the Section 12088.2 minimum safety standards developed by the California Attorney General." (2) This warning shall be conspicuously displayed in its entirety on the principal display panel of the gun safe's package, on any descriptive materials that accompany the gun safe, and on a label affixed to the front of the gun safe. (3) This warning shall be displayed in both English and Spanish in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package or descriptive materials in a manner consistent with Part 1500.121 of Title 16 of the Code of Federal Regulations, or successor regulations thereto. (d) The sale or transfer of a firearm shall be exempt from subdivision (a) if both of the following apply: (1) The purchaser or transferee owns a gun safe that meets the standards set forth in Section 12088.2. Gun safes shall not be required to be tested, and therefore may meet the standards without appearing on the Department of Justice roster. (2) The purchaser or transferee presents an original receipt for purchase of the gun safe, or other proof of purchase or ownership of the gun safe as authorized by the Attorney General, to the firearms dealer. The dealer shall maintain a copy of this receipt or proof of purchase with the dealers' record of sales of firearms. (e) The sale or transfer of a firearm shall be exempt from subdivision (a) if all of the following apply: (1) The purchaser or transferee purchases an approved safety device no more than 30 days prior to the day the purchaser or transferee takes possession of the firearm. (2) The purchaser or transferee presents the approved safety device to the firearms dealer when picking up the firearm. (3) The purchaser or transferee presents an original receipt to the firearms dealer which shows the date of purchase, the name, and the model number of the safety device. (4) The firearms dealer verifies that the requirements in (1) to (3), inclusive, have been satisfied. (5) The firearms dealer maintains a copy of the receipt along with the dealers' record of sales of firearms. 12088.15. (a) No person shall keep for commercial sale, offer, or expose for commercial sale, or commercially sell any firearms safety device that is not listed on the roster maintained pursuant to subdivision (d) of Section 12088, or that does not comply with the standards for firearms safety devices adopted pursuant to Section 12088.2. (b) No person may distribute as part of an organized firearm safety program, with or without consideration, any firearm safety device that is not listed on the roster maintained pursuant to subdivision (d) of Section 12088 or does not comply with the standards for firearms safety devices adopted pursuant to Section 12088.2. (c) No long-gun safe may be manufactured in this state for sale in this state that does not comply with the standards for gun safes adopted pursuant to Section 12088.2, unless the long-gun safe is labeled by the manufacturer consistent with the requirements of Section 12088.1. (d)(1) Any person who keeps for commercial sale, offers, or exposes for commercial sale, or who commercially sells a long-gun safe that does not comply with the standards for gun safes adopted pursuant to Section 12088.2, and who knows or has reason to know, that the long-gun safe in question does not meet the standards for gun safes adopted pursuant to Section 12088.2, is in violation of this section, and is punishable as provided in subdivision (e), unless the long-gun safe is labeled pursuant to Section 12088.1. (2) Any person who keeps for commercial sale, offers, or exposes for commercial sale, or who commercially sells a long-gun safe that does not comply with the standards for gun safes adopted pursuant to Section 12088.2, and who removes or causes to be removed from the long-gun safe, the label required pursuant to Section 12088.1, is in violation of this section, and is punishable as provided in subdivision (e). (e) A violation of this section is punishable by a civil fine of up to five hundred dollars ($500). A second violation of this section that occurs within five years of the date of a previous offense is punishable by a civil fine of up to one thousand dollars ($1,000) and, if the violation is committed by a licensed firearms dealer, the dealer shall be ineligible to sell firearms in this state for 30 days. A third or subsequent violation that occurs within five years of two or more previous offenses is punishable by a civil fine of up to five thousand dollars ($5,000) and, if the violation is committed by a licensed firearms dealer, the firearms dealer shall be permanently ineligible to sell firearms in this state. (f) The Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of the provisions of this section. 12088.2. (a) No later than January 1, 2000, the Attorney General shall commence development of regulations to implement a minimum safety standard for firearms safety devices and gun safes to significantly reduce the risk of firearms-related injuries to children 17 years of age and younger. The final standard shall do all of the following: (1) Address the risk of injury from unintentional gunshot wounds. (2) Address the risk of injury from self-inflicted gunshot wounds by unauthorized users. (3) Include provisions to ensure that all firearms safety devices and gun safes are reusable and of adequate quality and construction to prevent children and unauthorized users from firing the firearm and to ensure that these devices cannot be readily removed from the firearm or that the firearm cannot be readily removed from the gun safe except by an authorized user utilizing the key, combination, or other method of access intended by the manufacturer of the device. (4) Include additional provisions as appropriate. (b) The Attorney General may consult, for the purposes of guidance in development of the standards, test protocols such as those described in Title 16 (commencing with Part 1700) of the Code of Federal Regulations, relating to poison prevention packaging standards. These protocols may be consulted to provide suggestions for potential methods to utilize in developing standards and shall serve as guidance only. The Attorney General shall also give appropriate consideration to the use of devices that are not detachable, but are permanently installed and incorporated into the design of a firearm. The Attorney General shall adopt and issue regulations implementing a final standard not later than January 1, 2001. The Attorney General shall report to the Legislature on these standards by January 1, 2001. The final standard shall be effective January 1, 2002. 12088.6. Any violation of Section 12088.1 or Section 12088.3 is punishable by a fine of one thousand dollars ($1,000). On the second violation of any of those sections, the licensed firearm manufacturer shall be ineligible to manufacture, or the licensed firearm dealer shall be ineligible to sell, firearms in this state for 30 days, and shall be punished by a fine of one thousand dollars ($1,000). On the third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in this state. On the third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in this state. 12088.8. (a) This article does not apply to the commerce of any firearm defined as an "antique firearm" in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code. (b) This article shall not apply to the commerce of any firearm intended to be used by a salaried, full-time peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 for purposes of law enforcement. Nothing in this article shall preclude local governments, local agencies, or state law enforcement agencies from requiring their peace officers to store their firearms in gun safes or attach firearms safety devices to those firearms. 12088.9. (a) The Department of Justice may require each dealer to charge each firearm purchaser or transferee a fee not to exceed one dollar ($1) for each firearm transaction. The fee shall be for the purpose of supporting department program costs related to this act, including the establishment, maintenance, and upgrading of related data base systems and public rosters. (b) There is hereby created within the General Fund the Firearm Safety Account. Revenue from the fee imposed by subdivision (a) shall be deposited into the Firearm Safety Account and shall be available for expenditure by the Department of Justice upon appropriation by the Legislature. Expenditures from the Firearm Safety Account shall be limited to program expenditures as defined by subdivision (a). May a firearms dealer refuse a Private Party Transfer if the firearm does not include a DOJ-approved FSD? No. Under California Law (Penal Code section 12082), a firearms dealer may not refuse to conduct a private party transfer. However, private parties must demonstrate compliance with the FSD requirements before the firearms dealer may deliver the firearm. If the purchaser is unable to demonstrate compliance with the FSD requirement, the firearm should be returned to the seller. When must a lock box affidavit be completed? An affidavit is not needed if (1) the lock box is purchased at the same time as the firearm or (2) the firearm is delivered within 30 days of the date on the lock box receipt and the lock box is presented at the time of delivery. For subsequent purchases, the recipient must sign a lock box affidavit and provide a receipt for the lock box; however in this case the date of the receipt does not matter and the lock box does not need to be presented. Roster of Firearm Safety Devices Certifed for Sale |
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Posted: 10/16/2005 11:18:33 PM EDT
[#17]
Purchases
What is the process for purchasing a firearm in California? All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To buy a handgun, a person must be at least 21 years of age, and either 1) possess an HSC plus successfully complete a safety demonstration with the handgun being purchased or 2) qualify for an HSC exemption. As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable. If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number. Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification). (PC Section 12071) I want to sell a gun to another person, i.e., a private party transfer. Am I required to conduct the transaction through a licensed California firearms dealer? Yes. Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer (and seller, in the event that the buyer is denied), must meet the normal firearm purchase and delivery requirements. "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement. Firearms dealers are required to process private party transfers upon request. Firearms dealers may charge a fee not to exceed $10 per firearm for conducting a private party transfer. Example: a. For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transaction b. For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of $10.00 per each additional firearm transferred. (PC section 12072(d)) Are there any exemptions to the waiting period? For most people - no. However certain exemptions do exist for the following: a. Full-time, paid California law enforcement officers are exempt if they have the required letter signed by the head of the agency or commanding officer. The dealer will keep the signed, original letter. b. Firearms dealers and persons who have obtained special weapons permits issued by DOJ are exempt from the waiting period. c. Persons with curio and relic collector's licenses issued by the ATF and who have a valid Certificate of Eligibility issued by the DOJ are exempt from the waiting period only when purchasing curio and relic firearms. (PC sections 12078 (a)(r)(t)) |
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Posted: 10/16/2005 11:18:41 PM EDT
[#18]
Carry Concealed Weapon (CCW) and Open Carry (new)
How can I obtain a Carry Concealed Weapon (CCW) license? Contact your county's Sheriff's Office or, if you are a resident of an incorporated city, your city's Police Department, for information on obtaining a CCW license. They can answer your questions and provide you with copies of their CCW policy statement and the State's Standardized CCW Application. If you live within a jurisdiction of a city Police Department, you may apply to the county Sheriff's Office for a CCW license. However, only residents of a city may apply to a city's Police Department for a CCW license. Is there a limit on the number of handguns that I can own or purchase? While no limitation exists for the number of handguns that you may own, you are generally limited to purchasing no more than one handgun in any 30-day period. Handgun transactions related to law enforcement, private party transfers, returns to owners, and certain other specific circumstances are exempt from the one-handgun-per-30-day limit. May I carry a concealed firearm in California? Except in extremely limited circumstances, you may not carry a concealed firearm on your person in public unless you have a valid CCW license. CCW permits are issued only by a county sheriff to residents of the county, or by the head of a city police department to residents of that city. (PC Sections 12025-12031, 12050-12054) Paul - You can carry in your house, on your property, in your business and at temporary residences like a hotel or campground (but not federal campgrounds or others where posted). You can also carry following a crime where it would be likely to engage the criminal. I live in another state and have a permit to carry a concealed handgun that was issued in my home state. Does my permit allow me to carry a concealed handgun while in California? No. Weapons permits from other states are not valid in California. California Open Carry This document is an abridged list of all relevant California laws for citizens who do not have a CCW permit but otherwise choose to legally carry or transport firearms. Most of the information here is copied directly from the Penal Code. 12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person. (f) Firearms carried openly in belt holsters are not concealed within the meaning of this section. 12026. (a) Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state … who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident any pistol, revolver, or other firearm capable of being concealed upon the person. (b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state … to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. (c) Nothing in this section shall be construed as affecting the application of Section 12031. As long as one complies with 12025 (does not conceal), and 12031 (does not load the firearm under most circumstances), and avoids the other pitfalls (detailed on page 2), then he/she is legally open carrying, and sections 12026.1 and 12026.2 are unnecessary. However, quite often open carry is not practical or desired, or is restricted due to other obscure laws (see page 2), so an understanding of 12026.1 and 12026.2 is important. 12026.1 and 12026.2 are almost always misinterpreted, and in many ways. The most common misinterpretation is that these sections are restrictions. They are not. They are exemptions to 12025. You cannot be charged with 12026.x, only 12025. When you transport your firearms concealed (openly is legal) you must use one of the 12026.x exemptions. The second common mistake is confusing or combining 12026.1 and 12026.2. 12026.1 simply states that 12025 does not apply when transporting a handgun in a motor vehicle’s trunk, or in a locked container in or to/from a motor vehicle. There are no location or deviation restrictions in 12026.1. 12026.2 is another (separate) list of exemptions to 12025, all but one of which (motion picture) are transporting exemptions. Unlike 12026.1, 12026.2 is not specific to motor vehicles. It can therefore be applied to all other forms of transportation, e.g., walking, bicycling, public transportation. Unlike 12026.1, 12026.2 does limit the transport exemptions from any unnecessary deviations. Another common misconception is the belief that ammunition cannot be stored in the same case as a firearm, or that it must be locked up separately somehow. This is not true. There is no code to support this myth. See the second page of this flyer for more information about loaded firearms. 12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state … from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm: (1) The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment. (2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container. (b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter. (c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. 12026.2. (a) Section 12025 does not apply to, or affect, any of the following: … (1) through (20) omitted from this document. (b) In order for a firearm to be exempted under subdivision (a), while being transported to or from a place, the firearm shall be unloaded, kept in a locked container, as defined in subdivision (d), and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances. (c) This section does not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter. (d) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle. Note: PC 12025 and 12026 apply only to concealed handguns. There are no restrictions on carrying rifles or shotguns in these sections. They can be transported unlocked, openly or concealed. However 12031 and other restrictions do apply. 12031. (a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory. (e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section. (f) As used in this section, "prohibited area" means any place where it is unlawful to discharge a weapon. * (g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. ** (h) Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from having a loaded firearm within the person's place of business, or any person in lawful possession of private property from having a loaded firearm on that property. (l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite. * PC 374c makes shooting from any public road illegal, which triggers 12031(f). Additionally most counties have ordinances prohibiting shooting near roads, residences, etc. This effectively makes carrying loaded illegal in all but the most remote areas of unincorporated territory. ** In “People v. Clark” (1996), the California Court of Appeal clarified that in order to be “loaded” a firearm must have ammunition “placed into a position from which it can be fired”. It even went so far as to point out as an example of what is not loaded to include shells attached to a shotgun inside a buttstock shell carrier. ** There is a common misconception that merely possessing both a firearm and ammunition in close proximity legally equates to loaded. This mistake stems from several PC sections that do not apply to the law-abiding gun owner. 12001(j) only applies to 12023 (carry with intent to commit a felony). 12021.5 only applies to street gang crimes as defined in 186.22. 12022.2 only applies to armor piercing ammunition. 12025(b)(6)(A) is a sentence enhancement which only applies if one violates 12025 (carrying concealed). 171e only applies inside the State Capitol, legislative offices, or office or residence of the Governor. In an emergency, 12031 includes additional limited exceptions, where loading is permitted: (j) (1) Nothing in this section is intended to preclude the carrying of any loaded firearm, under circumstances where it would otherwise be lawful, by a person who reasonably believes that the person or property of himself or herself or of another is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property. As used in this subdivision, "immediate" means the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of its assistance. (k) Nothing in this section is intended to preclude the carrying of a loaded firearm by any person while engaged in the act of making or attempting to make a lawful arrest. Other Restrictions: 171 b,c,d Cannot carry in any state or local public building or at any legislative meeting required to be open to the public. Cannot carry in the State Capitol, legislative offices, office of the Governor, Governor’s residence, etc. 626.9 Cannot carry “in a place that the person knows, or reasonably should know” is within 1000 feet of a K-12 school. Must be transported unloaded in a locked case or vehicle trunk. Cannot carry on the grounds of a university without written permission. 36 CFR 2.4 (a) Cannot carry in a National Park. However firearms may be possessed within a temporary lodging or vehicle when unloaded and “packed, cased or stored in a manner that will prevent their ready use.” CCR Title 14, Div 3, Chap 1, s 4313 (a) Cannot carry in a State Park. However firearms may be possessed within temporary lodging or a vehicle when unloaded and “packed, cased, or stored in a manner that will prevent their ready use.” 39 CFR 232.1 (l) Cannot carry on U.S. Postal Service property. 49 CFR 1540.111 and PC 171.5 Cannot carry in “sterile areas” (areas where access is controlled by security screening) of airports. Local Laws: Cities and counties may have there own limits on possession or use of firearms. However these local laws cannot legally preempt State law. Contact your local government or local law enforcement agencies to determine what these limits may be. National Forest and BLM: On these federal lands firearms are generally permitted, if carried and used in a safe manner, and if the users comply with state and county laws. Most of these lands qualify as “unincorporated territory”, but there are some restrictions on shooting (near structures, developed areas, roads, bodies of water) so 12031(f) applies in these areas. Check with your local ranger station for any other local restrictions. [open carry from http://]http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf See their open carry wallet card here: Front: http://www.californiaopencarry.org/CaliforniaOpenCarryPreamble.pdf Back 1: http://www.californiaopencarry.org/California12031RightsCard.pdf Back 2: http://www.californiaopencarry.org/CaliforniaOpenCarryWhyCard.pdf |
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Posted: 10/16/2005 11:18:49 PM EDT
[#19]
Obtaining an Assault Weapons Permit for Active Duty Military Personnel.
Any person on active military duty with current, valid permanent change of station orders for duty in the State of California may apply for a DOJ Assault Weapon Permit for personal possession and or transportation of personally owned assualt weapons(s). Does not apply for those under the age of 18. Requirements:
The application has the following information:
They called me within about four days of mailing and said that they were processing my permit. They left a message "the Department of Justice's Firearm Division would like to talk to you." - just what you want to hear on your answering machine! It took about two weeks total to receive my permit. You can fill out a second sheet of paper if you have more weapons than the four spaces given on the permit. Permits are valid for one year from issue or until the member terminates PCS orders in California, which ever comes first. Renewals are required each year and are free. They send a letter in the mail reminding you. Department of Justice Firearms Division PO Box 820200 Sacramento, CA 94203-0200 (916) 263-8100 (updated Mar 2009) |
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Posted: 10/16/2005 11:18:58 PM EDT
[#20]
Body Armor
Restrictions struck down! |
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Posted: 10/16/2005 11:19:14 PM EDT
[#21]
The Harrott Decision
In June 2001, the California Supreme Court handed down its decision in Harrott v. County of Kings (25 P.3d 649 (Cal. 2001) – and commonly called Harrott v. Kings County). This decision clarified and superceded key elements of both the prior Kasler decision and the Roberti-Roos AWCA law, as they pertain to AR15 and AK “series” weapons. Specifically, Harrott determined that: · Determination of “series” membership is difficult enough that owners and law enforcement should merely have to consult a list of specific makes and models (in California Code of Regulation) to know if their gun is a banned assault weapon: “This case amply illustrates the difficulty an ordinary citizen might have, when a gun' s markings are not listed in the Identification Guide, in determining whether a semiautomatic firearm should be considered an assault weapon under the AWCA. . . “ “Our interpretation of section 12276, subdivision (e) is reinforced by the rule that a statute must be interpreted in a manner, consistent with the statute's language and purpose, that eliminates doubts as to the statute's constitutionality. (Hughes v. Board of Architectural Examiners (1998) 17 Cal. 4th 763, 788.) “A law failing to give a person of ordinary intelligence a reasonable opportunity to know what is prohibited violates due process under both the federal and California Constitutions. (Grayned v. City of Rockford (1972) 408 U.S. 104, 108; People v. Heitzman (1994) 9 Cal. 4th 189, 199.)” (Kasler, supra, 23 Cal.4th at pp. 498-499.)” “Ordinary gun owners of reasonable intelligence, Mr. Harrott contends, cannot be expected to know whether the differences between their semiautomatic firearms and the assault weapons specifically listed in section 12276, subdivision (a) are, in the language of section 12276, subdivision (e), only "minor." However, our interpretation of the AWCA avoids this problem. To determine whether the differences between their firearms and the series assault weapons listed in section 12276 are considered to be only "minor," gun owners need only consult the California Code of Regulations.” · Trial courts cannot determine if a given firearm/receiver is a member of AR or AK “series”. Banned weapons in AR/AK “series” must be specifically banned by make and model, and the DOJ must promulgate these banned firearms: “Our decision today - upholding the Attorney General's authority to identify series assault weapons pursuant to section 12276, subdivision (e), but holding that a trial court may not find a semiautomatic firearm a series assault weapon under section 12276, subdivision (e), unless the firearm has first been included in the list of series assault weapons promulgated by the Attorney General pursuant to section 12276.5, subdivision (h) - is compelled by our examination of the legislative history of the AWCA.” “Our construction of the statute, holding that a trial court may not find a semiautomatic firearm to be a series assault weapon under section 12276, subdivision (e), unless the firearm has first been included in the list of series assault weapons promulgated by the Attorney General pursuant to section 12276.5, subdivision (h), best serves the legislative goal we have just described. A contrary interpretation would be inconsistent with the legislative goal because owners of unlisted weapons would still be unsure whether they had to comply with the registration requirement.” “Finally, our construction of the AWCA - that a trial court may not find a firearm a series assault weapon unless it has been first identified as such in the list published by the Attorney General in the California Code of Regulations - comports with the Attorney General's own construction of the statute.” · DOJ does have authority to ‘identify’ and promulgate new members of the AR & AK “series” itself – and this power is only for AR and AK series members: “Although we hold the Attorney General has the authority to determine that certain semiautomatic firearms are assault weapons by simply identifying them as such in the list published by the Attorney General in the California Code of Regulations, that authority applies only to the two types of firearms defined in section 12276 by the use of the term series, namely, the AK47 series and the Colt AR-15 series.” · DOJ cannot ban other weapons outside the AR/AK series, but must instead begin an “add-on” procedure filed in certain superior courts, as specified in PC 12276.5. Here, DOJ can seek a temporary, then permanent, declaration that given firearms are assault weapon: “In order to have any other semiautomatic firearms declared assault weapons within the meaning of section 12276, the Attorney General must utilize the add-on procedure set forth in section 12276.5.” · the DOJ determination of AR/AK “series” membership is challengeable: “. . . the Attorney General's identification of a particular firearm as a series assault weapon would, in an appropriate case, be subject to challenge on the ground the firearm in question did not satisfy the standard set forth in section 12276, subdivision (e), namely that the variations between it and the AK47 series or the Colt AR-15 series were more than "minor." Also, the court was concerned about avoiding any “self-executing” issues and requiring specific promulgation: … The fact these amendments were enacted together supports the conclusion that subdivision (e) of section 12276 is not self-executing, but, rather, that the specific make and model of an assault weapon must first appear on the list the Attorney General, pursuant to section 12276.5, subdivision (h), files with the Secretary of State for publication in the California Code of Regulations. This construction is consistent with one of the Legislature' s primary purposes in amending the AWCA in 1991, which was to promote compliance with the requirement of section 12285 that assault weapons be registered. . . . Thus, Harrott turned Kasler on its head: while Kasler said any AR or AK was a “named” – and thus banned – assault weapon, Harrott said this left too much up in the air: citizens, law enforcement and trial courts shouldn’t have to determine “series” membership themselves, and DOJ (Firearms Division) should be the one determining AR/AK “series” membership. This allowed a group with technical expertise to set a uniform, promulgated standard. The Supreme Court held that such banned “named” weapons had to be banned by specific makes and models on a publicized, state-maintained list (in the California Code of Regulation as primary source). Note that such guns are banned by a combination of make and model, not just either a make or model name: if the specific combination of make and model is not a listed entry in the roster maintained and promulgated by DOJ, a receiver is legal to possess. (This doesn’t address the separate SB23 “characteristic features” issues.) Because AR- and AK-type bare receivers not listed in the California Code of Regulations, §979.11are not assault weapons as long as no SB23 “evil features” are attached, these “off-list”, or “non-Kasler” bare receivers can be legally purchased and possessed by California firearms consumers. CCR §979.11 is also echoed in the DOJ publication Roster of AK and AR15 Series Weapons, and in PC 12276(e). Source: CalGuns Here's one possible way to build an off list lower into a California law compliant weapon. www.ar15.com/forums/topic.html?b=8&f=11&t=238011&page=1 |
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Posted: 10/16/2005 11:20:00 PM EDT
[#22]
THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPERTY
The question of whether use of a firearm is justified for self-defense cannot be reduced to a simple list of factors. This section is based on the instructions generally given to the jury in a criminal case where self-defense is claimed and illustrates the general rules regarding use of firearms in self-defense. Use of a Firearm or Other Deadly Force in Defense of Life and Body The killing of one person by another may be justifiable when necessary to resist the attempt to commit a forcible and life-threatening crime, provided that a reasonable person in the same or similar situation would believe that (a) the person killed intended to commit a forcible and life-threatening crime; (b) there was imminent danger of such crime being accomplished; and (c) the person acted under the belief that such force was necessary to save himself or herself or another from death or a forcible and life-threatening crime. Murder, mayhem, rape, and robbery are examples of forcible and life-threatening crimes. Self-Defense Against Assault It is lawful for a person being assaulted to defend himself or herself from attack if he or she has reasonable grounds for believing, and does in fact believe, that he or she will suffer bodily injury. In doing so, he or she may use such force, up to deadly force, as a reasonable person in the same or similar circumstances would believe necessary to prevent great bodily injury or death. An assault with fists does not justify use of a deadly weapon in self-defense unless the person being assaulted believes, and a reasonable person in the same or similar circumstances would also believe, that the assault is likely to inflict great bodily injury. It is lawful for a person who has grounds for believing, and does in fact believe, that great bodily injury is about to be inflicted upon another to protect the victim from attack. In so doing, the person may use such force as reasonably necessary to prevent the injury. Deadly force is only considered reasonable to prevent great bodily injury or death. NOTE: The use of excessive force to counter an assault may result in civil or criminal penalties. Protecting One’s Home A person may defend his or her home against anyone who attempts to enter in a violent manner intending violence to any person in the home. The amount of force that may be used in resisting such entry is limited to that which would appear necessary to a reasonable person in the same or similar circumstances to resist the violent entry. One is not bound to retreat, even though a retreat might safely be made. One may resist force with force, increasing it in proportion to the intruder’s persistence and violence, if the circumstances apparent to the occupant would cause a reasonable person in the same or similar situation to fear for his or her safety. The occupant may use a firearm when resisting the intruder’s attempt to commit a forcible and life-threatening crime against anyone in the home provided that a reasonable person in the same or similar situation would believe that (a) the intruder intends to commit a forcible and life-threatening crime; (b) there is imminent danger of such crime being accomplished; and (c) the occupant acts under the belief that use of a firearm is necessary to save himself or herself or another from death or great bodily injury. Murder, mayhem, rape, and robbery are examples of forcible and life-threatening crimes. Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry had occurred. Great bodily injury means a significant or substantial physical injury. (Penal Code § 198.5.) NOTE: If the presumption is rebutted by contrary evidence, the occupant may be criminally liable for an unlawful assault or homicide. Defense of Property The lawful occupant of real property has the right to request a trespasser to leave the premises. If the trespasser does not do so within a reasonable time, the occupant may use force to eject the trespasser. The amount of force that may be used to eject a trespasser is limited to that which a reasonable person would believe to be necessary under the same or similar circumstances. Limitations on the Use of Force in Self-Defense The right of self-defense ceases when there is no further danger from an assailant. Thus, where a person attacked under circumstances initially justifying self-defense renders the attacker incapable of inflicting further injuries, the law of self-defense ceases and no further force may be used. The right of self-defense is not initially available to a person who assaults another. However, if such person attempts to stop further combat and clearly informs the adversary of his or her desire for peace but the opponent nevertheless continues the fight, the right of self-defense returns and is the same as the right of any other person being assaulted. Source 64 Page Adobe Acrobat File from CA DoJ Paul - California has a "home is your castle" law. |
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Posted: 10/17/2005 12:41:30 AM EDT
[#23]
AB 2728
ASSAULT WEAPONS SIGNED - Existing law provides a judicial procedure for declaring a firearm an assault weapon, as specified. This bill would repeal those provisions. Existing law authorizes the Attorney General to declare a firearm an assault weapon. This bill would provide that authorization ends January 1, 2007. Existing law generally regulates the possession of assault weapons and .50 BMG rifles. This bill would provide that possession of any assault weapon or of any .50 BMG rifle in violation of specified provisions of law would be a public nuisance. The bill would authorize the Attorney General, any district attorney, or any city attorney to bring an action in superior court, in lieu of criminal prosecution, to enjoin the possession of the assault weapon or .50 BMG rifle and seek civil fines of up to $300 for the first assault weapon or .50 BMG rifle that is a public nuisance, and up to $100 for each additional assault weapon or .50 BMG rifle that is a public nuisance. The bill would further provide that any assault weapon or .50 BMG rifle possessed in violation of specified provisions of law would, subject to exception, be destroyed, as specified. The bill would also provide that upon conviction of any misdemeanor or felony involving an assault weapon, the assault weapon would be deemed a nuisance and disposed of as specified. This prohibits the addition of any more rifles to the assault weapon list, reduces the possession to a civil - vice criminal - violation and sets the MAXIMUM fine of first time possession to $300. Lot much but a step in the right direction. www.calguns.net/calgunforum/showthread.php?t=45333 A more than interesting loop-hole where any manufacturer's weapons could be imported and sold here as long as they were off-list-lower compliant - that is with a fixed magazine removable only with a tool - like a bullet tip. Also keep an eye on the CalGun's site for a new magazine release that uses a bullet tip to allow an attachable but not detachable without a tool magazine. We're without a doubt some of the smartest people on the planet able to find a tiny hole between two words and create a whole industry around exploiting that gap! 
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Posted: 10/17/2005 12:41:43 AM EDT
[#24]
California's Home-Is-Your-Castle Law
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Posted: 10/17/2005 12:41:55 AM EDT
[#25]
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Posted: 2/1/2006 4:58:26 PM EDT
[#26]
Sully... The current situation is that over 5000 off-list lowers have been imported into CA and have been legally sold to end-users after 10day waiting period. I am the guy who wrote the FAQ on Calguns.net www.calguns.net/a_california_arak.htm This goes into minute details of the law and the key Harrott decision. Bottom line: if it's not listed by the DOJ, it's legal to buy as a stripped lower. DOJ has audited CA FFLs who have done bulk sales so they can find out the brands of lowers 'in commerce' and eventually declare them as assault weapons (triggering a mandatory registration period - something we want, for rather complex reasons, since after registration we will be able to build them up w/out fixed mags). DOJ agents have looked over the papers and walked out of shop while hundreds of lowers are present and being sold (DROSed + 4473'd) to buyers lined up outside the door. DOJ phone staff tried to stop the flow by telling outside vendors that this was illegal and by ignoring questions about the key CA Supreme Court decision, Harrott v Kings County- while at the same time acknowledging to CA FFLs that this is indeed legal. Smaller, smarter FFLs outside CA realized this was BS and completely legal and act as intermediaries for manufacturers and recognized DOJ's illegal interference in lawful interstate commerce. So, while Stag was intimidated via incorrect information (via desk-clerk/agent Dana McKinnon, apparently), intermediate dealer/distributors bought their whole inventory in December and we think that maybe 850-900 of their 960 December inventory was shipped to CA by end of December. There are a couple of FFLs in CA that have sold 1000 legal off-list lowers each apparently. Plus there are prearranged group buys of off-list lowers - one guy I know has helped move 1000 lowers into folks hands without making a penny of profit (other than T-shirt sales) - call it 'humanitarian'. Some gun stores in CA are trying to even carry a few brands as standard items on the shelf but they sell out. Bottom line: If they ain't listed in Calif Code of Regulation sec 979.11, they are legal to acquire and possess. They are NOT assault weapons. The CA Supreme Court says so with a key ruling that is clear and easy to read. Vendors outside of CA are protected even further:
These off-list lowers can be built up into an operational rifle if and only if a nondetachable 10rd magazine is first affixed before a pistolgrip or teletstock is attached to the lower (and disassembly reverses this order). Many brands will likely be declared as assault weapons in a week or two and these will then have to be specially registered. One or two cycles of this 'name game' may occur before legislation stops it. This won't last forever, just maybe another couple of months. Bill Wiese San Jose CA |
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Posted: 11/20/2006 10:46:10 PM EDT
[#27]
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Posted: 1/8/2007 8:48:59 AM EDT
[#28]
Copied from CALGUNS:
We have a new bullet tip mag release that allows for attachable mag off-list builds: http://www.calguns.net/calgunforum/s...ad.php?t=45321 Detachable magazine Simonov rifles: http://www.calguns.net/calgunforum/s...ad.php?t=45331 .50 BMG options that aren't banned by California: http://www.calguns.net/calgunforum/s...ad.php?t=45332 Loopholes that may allow ownership of previously banned Roberti-Roos firearms: http://www.calguns.net/calgunforum/s...ad.php?t=45333 http://www.calguns.net/calgunforum/s...ad.php?t=45779 A way to build a SB-15 exempt assault-style pistol: http://www.calguns.net/calgunforum/s...ad.php?t=45419 A list of AR/AK series firearms that can be made into non-Assault Weapons: http://www.calguns.net/calgunforum/s...ad.php?t=34397 A Summary of AB-2728 and what it does and does not accomplish: http://www.calguns.net/calgunforum/s...ad.php?t=45170 Also look forward to: Hunt v. Brown, a case that is fighting the Attorney General on the grounds that the Assault Weapons laws are a mess and can't be easily enforced. Parker v. District of Columbia, a case that could affect 2nd Amendment rights in the whole nation. Thanks to xenophobe for the list |
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Posted: 6/7/2007 2:42:59 PM EDT
[#29]
AR series Off List Lower (OLL) Options:</center id=center>
• California Rifles - U-15 stock for OLL AR-15 receivers - considered a non-pistol grip or a non-thumbhole stock, therefore you are allowed to use detachable magazines (10, 20, 30 rounders) 
• MonsterMan Grips - considered a non-pistol grip, therefore you are allowed to use detachable magazines (10, 20, 30 rounders) 
• Mag-Lock (SAS) - OLL AR-15 Fixed Mag Kit  
Sporting Conversion - AR-15 Range-Maglok Kit 
• Prince50 - OLL AR-15 Fixed Mag Kit 
• Bullet Button (BB) - Modified mag catch that releases a mag with the use of a .223 round. Insert tip of the bullet into modified catch to release the mag. The bullet is considered a "tool" per CA DOJ regulations. 
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Posted: 1/15/2008 3:54:34 PM EDT
[#30]
It's a semi-auto centerfire rifle ID flowchart to determine if a weapon is a legal or an illegal CA Assault Weapon.
Assault Weapons I.D. Flowchart (@ Calguns.net) discussion thread Flow chart I made: Version 1.0 D (updated 10/08/08)  CA AW Flowchart Ver 1.0 D - HTML |
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Posted: 12/31/2009 8:36:08 PM EDT
[#31]
The body armor prohibition listed on page one has been struck down by Case law.
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Posted: 6/14/2010 10:39:14 PM EDT
[#32]
Some say that you can't own an AR-15 in California or own magazines more than 10 rounds. Wrong on both accounts. Though the efforts of some clever folk including inventors and lawyers there's more than a few ways to own the AR-15 in California.
Registered Assault Weapons - AR-15's weren't banned. Only the sale of certain "by-name" and then later "by-feature" rifles in a series of three laws. More AR-15 rifles were sold in California for the decades prior to the ban and tens of thousands of those rifles are legally registered with the state - pretty similar to full-auto weapons in other states. The sale of magazines with a capacity of greater than 10-rounds were also banned but the possession of existing magazines were allowed. Those magazines didn't require registration and can be repaired replacing any and all parts including the body legally. Off-list-lowers (OLL) - these lowers avoid the Roberti-Roo's list of rifles which means that they now are able to be used to avoid the "by-feature" restrictions. My OLL is made by CMMG - not on the Roberti-Roo's list. The methods below all use an Off-List-Lower. 
The MonsterMan Grip (MMG). The MMG avoids the "by-feature" qualification of a pistol grip by closing the section of the grip preventing the thumb from reaching around the grip. The legislation carefully defined what a pistol grip was and the MMG changes the pistol grip into one closer to the legal Springfield Armory M1A, the Ruger Mini-14 or Mini-30, and the Browning BAR semi-automatic rifles. The rifle is then constructed without the other named prohibited features which allows the use of existing pre-2000 full capacity magazines. The looks are a little odd but in use it's perfectly acceptable and doesn't fundamentally change the feel of the rifle. Since I have a bunch of pre-2000 magazines this is my default configuration. Here's a 10 round magazine. It you want a semi-automatic rifle you can buy as many 10-round magazines and use the MonsterMan Grip. 
A full-size pre-ban magazine. 
The use of either the MonsterMan Grip prevents one to put other features like a flash suppressor, forward pistol grip, or a collapsible stock on the rifle. Prince 50 Kit - The Prince 50 kit was one of the first methods of locking the magazine in place avoiding the feature of a "detachable magazine" - note the prohibition is against detachable magazines. We'll come back and look at that again here in a bit. The Prince 50 once installed is used with a 10-round magazine. The kit replaces the magazine release button with one that has a threaded hole into which one - or optionally two - small hex screws are put into. Once the replacement magazine release is installed the longer screw goes in first bottoming out against the lower receiver. 
The optional second screw can put put on top of the first locking it in place. A bit of Locktite can be used to hold the second one in place. 
The kit is provided with a small hex driver used to lock the 10-round magazine in place. 
Once locked in place I assembled the remaining portions of the rifle and tested it. To reload the magazine the rifle is "shotgunned" open. DO NOT USE THE HEX SCREW TO REMOVE THE MAGAZINE. If you loosen the screw you are creating a centerfire rifle with a detachable magazine at that point that does NOT need a tool to detach the magazine. 
Often an extended rear take-down pin is installed allowing one to open the weapon for reloading more easily. 
The Prince 50 allowed one to put other evil features onto the rifle as it changes the centerfire rifle with "detachable magazine" into one with a fixed magazine. If one leaves the state the provided hex tool removes the top hex screw and backs off the second far enough to allow the button to depress. Bullet Button and Rad Lock are similar methods to allow for an attachable magazine. The law prohibits detachable magazines but not attachable ones. The use of a tool is required to remove the magazine once locked in place with either of these kits. The tip of a bullet is considered a tool so both allow for ones use. The Rad Lock is slightly different than the Bullet Button in that it allows you to simply un-screw a central threaded portion to return the weapon to normal function. 
Here's a close up of the tool and the part that turns to lock or unlock the magazine release. 
To lock the magazine in place simply turn the tool in the slot clockwise until the Rad Lock bottoms out against the gasket. To return the magazine release to normal function simply rotate the slot counter-clockwise four complete turns and the gasket rises slightly. 
The Bullet Button is slightly different in that the central locking portion doesn't sit as high as the Rad Lock but the opening in the button is larger so a wider variety of tools will work. With the Rad Lock I had to be firm with the tip of the bullet where with the Bullet Button the larger hole allowed for a quicker disconnect. A half a turn loose with the Rad Lock and the bullet tip worked well. 
Using either of these two buttons allows one to use 10-round magazines such as the 10/20 pictured below. 
The FreeLock Conversion Kit or the Bullet Button Wrench (below) will allow you to quickly unlock your Bullet Button equipped rifle for out-of-state use. 
The use of either the Bullet Button or Rad Lock allows one to put other features like a flash suppressor, forward pistol grip, or a collapsible stock. DO NOT USE A MONSTERMAN GRIP, AND ANY MAGAZINE LOCKING DEVICE WITH A STANDARD CAPACITY MAGAZINE. because although it is legal to have a detachable magazine with the MonsterMan grip it is illegal to have a non-detachable magazine with the same pistol grip. The logic of this escapes me too. This list is not all inclusive as there are other methods like the U15 stock and other magazine release locking/blocking devices. None of these are CA DOJ approved but they are in use by thousands of folks. And finally a visual flow-chart to help if you're still confused. (courtesy www.CalGuns.net)
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Posted: 10/31/2013 5:07:12 PM EDT
[#33]
Can the assembled intelligence confirm my reading of the high capactiy "magazine kit" situation...
If the pistol in question has only been manufactured for the last couple of years and thus there are no pre-January 1, 2000, high capacity magazines in California, I CANNOT ship a "magazine kit" to California for that pistol. Thanks. |
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Posted: 3/23/2014 11:57:33 PM EDT
[#34]
http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/pdf/cfl2013.pdf
AB 809 (Stats. 2011, ch. 745) - Requires Collection and Retention of Dealer’s Record of Sale (DROS) for Long Gun Transactions • Beginning January 1, 2014, requires DROS information regarding the sale or transfer of long guns (rifles and shotguns) to be collected, reported, and retained in the same manner as handgun DROS information. (Pen. Code, §§ 11106, 26905.) AB 1527 (Stats. 2012, ch. 700) – Carrying Firearms in Public • Allows authorized security guards and honorably retired peace officers to possess a firearm in a school zone. (Bus. & Prof. Code, § 626.92.) • Makes it a misdemeanor, subject to certain exceptions, to carry an unloaded rifle/shotgun outside of a motor vehicle in an incorporated city and would increase the punishment if the person also possesses ammunition capable of being dischardged from the firearm and the person is not in lawful possession of the firearm. (Pen. Code, § 26400.) • Provides specified exemptions allowing the open carrying of an unloaded handgun, including licensed hunters while training a hunting dog or while going to or from that training. (Pen. Code, §§ 26366.5, 26390, 26391.) AB 1559 (Stats. 2012, ch. 691) – DROS Fees • Beginning January 1, 2014, only one Dealer’s Record of Sale (DROS) fee will be charged for a single transaction (i.e., sale, lease, or transfer to one person) on the same date for any number of firearms (handguns and long guns). (Pen. Code, § 28240.) • Adds the importation of short-barreled rifles/shotguns to list of activities that may be considered good cause for issuance of a dangerous weapons permit by the Department of Justice. (Pen. Code, § 33300.) AB 1821 (Stats. 2012, ch. 117) – Security Guard Firearm Qualification Cards • Allows security guards to carry or use a firearm while on duty pending receipt of their permanent firearm qualification card from the Bureau of Security and Investigative Services if he or she has been approved and carries a hard copy printout of the approval and a valid picture identification. (Bus. & Prof. Code, § 7583.12.) AB 2221 (Stats. 2012, ch. 697) – Public Records • Adds prosecutors and public defenders to the list of persons whose firearm license applications are not fully required to be disclosed as public records. (Gov. Code, § 6254.) SB 1315 (Stats. 2012, ch. 214) – Imitation Firearms in Los Angeles County • Allows Los Angeles County and cities in the county of Los Angeles to enact ordinances and resolutions regarding spot marker guns. (Gov. Code, § 53071.5.) SB 1327 (Stats. 2012, ch. 763) – Internet Web Site for Business Licensing Information • Requires the Governor to establish an Internet Web site to provide licensing, permitting, and registration information necessary to start a business. (Gov. Code, § 12019.5.) SB 1367 (Stats. 2012, ch. 711) – Carrying a Handgun while Hunting Deer with Bow and Arrow • Allows authorized peace officers to carry a handgun while hunting deer with bow and arrow but deer shall not be taken with the firearm. (Fish & G. Code, § 4370.) SB 1433 (Stats. 2012, ch. 765) – Protective Orders • Requires the court-ordered record search on the proposed subject of a protective order, as defined in Family Code section 6218, to include a determination of whether the subject of the order has a registered firearm. (Fam. Code, § 6306.) • Requires peace officers serving a protective order, as defined in Family Code section 6218, that indicates the respondent possesses weapons or ammunition to request that the firearm be immediately surrendered. (Fam. Code, § 6389.) |
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Posted: 3/23/2014 11:59:42 PM EDT
[#35]
http://smartgunlaws.org/tracking-state-gun-laws-2013-california-firearms-legislation/
AB 500 (Ammiano): Storage of Firearms in Homes with Prohibited Persons, Waiting Period Extension and Firearm Transfer Notifications AB 500 requires any gun owner residing with a person who is prohibited from owning firearms under state or federal law to either: 1) keep the firearm within a locked container, locked gun safe, locked trunk, locked with a locking device, or disabled by a firearm safety device; or 2) carry the firearm on his or her person. AB 500 also clarifies that the ten-day waiting period between the sale of a firearm and its transfer to the purchaser may be extended an additional 30 days if the Department of Justice (“DOJ”) is unable to determine the outcome of a mental health evaluation, unable to interpret arrest or criminal charge records, or unable to determine whether the purchaser is attempting to purchase a second handgun in a 30-day period in violation of California law, prior to the end of the waiting period. AB 48 (Skinner): Strengthening Large Capacity Ammunition Magazine Ban AB 48 prohibits the use of “conversion kits” to manufacture large capacity ammunition magazines. It also prohibits the purchase of large capacity ammunition magazines and tightens the definition of “manufacture” in the current law to clarify that manufacturing includes assembling the parts of a magazine. SB 683 (Block): Firearm Safety Certificate Under prior California law, “handgun safety certificates” issued by DOJ, which require the applicant to take and pass a written test on firearm safety, are required for the purchase of a handgun, but not for the purchase of a long gun. SB 683 expands the safety certificate requirement to apply to purchases of all firearms. This requirement does not apply to long guns owned by persons with valid hunting licenses. SB 140 (Leno/Steinberg): Funding Enforcement of Armed Prohibited Persons System SB 140 appropriates 24 million dollars to DOJ to address a backlog in its database for tracking persons prohibited from owning firearms. With more than 20,000 prohibited persons on the list and an additional 15 to 20 individuals added each day, neither DOJ nor local law enforcement had sufficient resources to address the existing backlog without this additional appropriation. AB 1131 (Skinner): Mental Health Related Prohibitions Prior law prohibited a person who communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims from possessing a firearm for six months following the psychotherapist’s reporting of the threat to local law enforcement. The bill changes this prohibition from six months to five years. AB 1131 also amends existing laws that require the reporting of mental health information to DOJ to clarify that these reports must made electronically. SB 127 (Gaines): Reporting of Mental Health Threats Prior law prohibited a person from possessing a firearm for a period of six months after communicating a serious threat of physical violence against a reasonably identifiable victim or victims to a licensed psychotherapist. SB 127 requires the licensed psychotherapist to report any such threat to local law enforcement within 24 hours in a manner prescribed by DOJ. The bill also requires the local law enforcement agency receiving the report to notify DOJ electronically, within 24 hours, in a manner prescribed by DOJ. AB 231 (Ting & Gomez): Strengthening Child Access Prevention Law and Keeping Firearms from Prohibited People In certain circumstances, California law imposes criminal liability on firearm owners who, through their negligence, enable children to access their weapons. Previously, that law only applied when the child carried the weapon off the premises or killed or injured someone. AB 231 expands that law to apply whenever a person negligently stores or leaves a loaded firearm on his or her premises in a location where the person knows, or reasonably should know, that a child is likely to gain access to the firearm, regardless of whether a child actually acquires control of the firearm. SB 363 (Wright): Storage of Firearms in Homes with Prohibited Persons SB 363 imposes criminal liability on gun owners who store their firearms in a place where they knew or reasonably should have known that a person prohibited from possessing guns under federal state law was likely to gain access to the firearm and the prohibited person does gain such access and injures or kills someone or carries the weapon into a public place. AB 170 (Bradford): Revising Permits for Assault Weapons and 50 Caliber Rifles Previous law required a person wishing to acquire an assault weapon or 50 caliber rifle to obtain a permit from DOJ. To ensure that any individual possessing these weapons has passed a background check, this bill changes the definition of “person” in the law so that it only includes individuals and not legal entities such as corporations or partnerships. AB 539 (Pan): Prohibited Persons Firearm Storage with Dealers This bill allows anyone who is prohibited from possessing a firearm to transfer any firearm in his or her possession to a licensed firearms dealer for storage during the duration of the prohibition. |
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Posted: 8/30/2014 11:47:28 AM EDT
[#36]
SB 808 "Ghost Guns" aka 80% receivers.
This bill requires any person who makes or assembles a firearm to obtain a unique serial number or other mark from the Department of Justice prior to making or assembling a firearm, and within one day of making or assembling the firearm, to engrave or permanently affix the serial number or other mark to the firearm. The bill would also prohibit the sale to transfer of such firearms, unless sold or transferred to a law enforcement agency. The fee is not to be greater than $14 and violation of the law is a misdemeanor. Copy of the full law here. |
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