This one
caag.state.ca.us/firearms/forms/pdf/ar15notice.pdfTEXT HERE:
BILL LOCKYER State of California
Attorney General DEPARTMENT OF JUSTICE
FIREARMS DIVISION
P.O. Box 160487
Sacramento, CA 95816-0487
Public: 916-263-4887
IMPORTANT NOTICE
California Department of Justice
Information Regarding the Sale/Possession of Newly Identified
AR-15/AK 47 “Series” Firearms
The Department of Justice (hereafter Athe Department@) has received numerous contacts
from the public and firearms industry personnel regarding the legality of various AR-15/AK 47
“series” style firearms that have not yet been identified as Aseries@ assault weapons by the
Department. The Department is also aware of the recent high volume of sales of these firearms.
The Department has the statutory authority to identify Aseries@ assault weapons. In 2000,
the California Supreme Court upheld that authority in Kasler v. Lockyer (2000) 23 Cal. 4th 472.
The Department updated the list of “series” weapons in 2000 (as ACategory 2@ assault weapons),
shortly after the Kasler decision.
The California Supreme Court reiterated in 2001 that Athe 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
RegulationsYtwo types of firearms defined in Penal Code (PC) section 12276 by the use of the
term series, namely the AK-47 series and the Colt AR-15 series.@ Harrott v. County of Kings
(2001) 25 Cal. 4th 1138, 1155.
Accordingly, the Department is currently in the process of identifying those firearms in
the state that are variations, with minor differences, of AR-15/AK 47 “series” weapons. Once
this process is complete, the Department will promulgate a list and file it with the Secretary of
State=s office. Concurrently, the Department will begin updating the Assault Weapon
Identification Guide which is currently available via the Department=s website at
http://ag.ca.gov/firearms/forms/index.html. Once the list of newly identified Aseries@ weapons
is filed with the Secretary of State, citizens who possess those weapons will have 90 days to
register them with the Department of Justice.
Newly identified Aseries@ weapons cannot legally have the features listed in PC
section 12276.1 when they are registered. Those features cannot legally be added after the
firearms are registered as assault weapons. The PC section 12276.1 features have been
banned since January 1, 2000, when Senate Bill 23 went into effect. The public was notified of
the prohibition on the specified features many years ago.
IMPORTANT NOTICE
Page Two
The registration period for assault weapons with those characteristics (Category 3
assault weapons) ended on December 31, 2000. Because non-“series” assault weapons with
PC section 12276.1 features may not be offered for sale, manufactured, imported, or
possessed in California, it follows that newly registered “series” weapons may not have the
features listed in PC section 12276.1, either.
The prohibition on the features listed in PC section 12276.1 is consistent with current
DOJ policy that named Aseries@ weapons are illegal, unless registered, regardless of whether they
have the PC section 12276.1 features. It is also consistent with the intent of the California state
legislature to ban assault weapons, expressed in 1991 when PC section 12276(f) was enacted.
This section is declaratory of existing law, as amended, and a
clarification of the law and the Legislature=s intent which bans the
weapons enumerated in this section, the weapons included in Section
12276.5, and any other models which are only minor variations of
those weapons with minor differences, regardless of the manufacturer
[emphasis added].
It should be noted that individuals who timely registered ACategory 1@ and ACategory 2@
assault weapons were allowed to keep or add the PC section 12276.1 features on their
firearms. Those generic features were not illegal during the registration period for Category 1
assault weapons. In August of 2000, when the Department identified the Category 2 Aseries@
weapons, it was legal to register weapons with those characteristics as Category 3 assault
weapons. Firearms with those features could no longer be registered as of January 1, 2001.
Therefore, newly identified Aseries@ (Category 4) weapons likewise cannot have those features.
Registrants of newly identified series weapons cannot legally add PC section 12276.1
features to those firearms. The Department intends to enforce this restriction through the
assault weapon registration process. Registration acknowledgment letters will include an
admonition to registrants that adding prohibited features to newly registered assault weapons will
invalidate the registration. The basis for valid registration will rest solely on the fact that the
Department identifies the receivers for these firearms as variations, with minor differences, of
already controlled AR-15/AK 47 Aseries@ weapons. All additional features of the newly
identified “series” weapons must conform with current California law.
Firearm manufacturers, wholesalers and dealers who misinform the public about the
ability to legally add prohibited features to these newly listed firearms risk criminal prosecution.
They could also face civil penalties of up to $2,500 per violation under the state=s Unfair
Practices Act (California Business & Professions Code section 17000 et seq.).
This information will be distributed to criminal justice agencies throughout the state, as
well as to firearm dealers listed on the Department’s Centralized List, via the formal Information
Bulletin process.