I recently read the DOJ letter and read some of the comments in the forums. I am not a lawyer but I do know a little about the law and how the CA penal code works. In the DOJ letter it states that the features listed in PC 12276 cannot be added even after the DOJ declares the new series of assault weapons. The problem with this statement is it does not follow what the penal code states now and what it will have to state in the future. PC 12276 and PC 12276.1 are definition sections of law. They describe what an assault weapon is. There are several definitions and it is very complicated. When a person is found to be in possession, manufacture, etc and assault weapon, they are charged/convicted under a different section of law, the punitive section. Section PC 12280 is the section that people are charged/convicted under. In that section, there is no difference from an assault weapon under PC 12276 or PC 12276.1. There were several people that said, "An assault weapon is an assault weapon." Very simple logic but true under section 12280. PC 12280 simply states in the first paragraph "assault weapon." It does not differentiate between the two definitions and punishment is the same.
Below is the entire section relating to assault weapons for those of you who feel like reading. The actual section includes .50 bmg and other stuff which goes on for two pages in the PC. Whoever wrote that letter from DOJ either does not know how the law works or is making it up on the spot.
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.
(3) Except in the case of a first violation involving not more
than two firearms as provided in subdivisions (b) and (c), for
purposes of this section, if more than one assault weapon or .50 BMG
rifle is involved in any violation of this section, there shall be a
distinct and separate offense for each.
(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 12285 and
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 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.