Section § 30500

Explanation

This law section refers to two specific acts: the Roberti-Roos Assault Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of 2004. These acts deal with regulating certain types of firearms, including assault weapons and .50 caliber rifles, within California.

This chapter shall be known as the Roberti-Roos Assault Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of 2004.

Section § 30505

Explanation

This law states that assault weapons and .50 BMG rifles pose a threat to the safety and security of people in the state due to their high firepower and potential for misuse. The law aims to restrict these weapons by setting up rules for their registration and permits for legal sale and possession. The law is not targeting firearms designed for hunting or recreational activities. The focus is on those weapons that can cause serious harm or are likely to be used in terrorist activities.

(a)CA Penal Law Code § 30505(a) The Legislature hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of assault weapons and to establish a registration and permit procedure for their lawful sale and possession. It is not, however, the intent of the Legislature by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.
(b)CA Penal Law Code § 30505(b) The Legislature hereby finds and declares that the proliferation and use of .50 BMG rifles poses a clear and present terrorist threat to the health, safety, and security of all residents of, and visitors to, this state, based upon findings that those firearms have such a high capacity for long distance and highly destructive firepower that they pose an unacceptable risk to the death and serious injury of human beings, destruction or serious damage of vital public and private buildings, civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of these rifles and to establish a registration and permit procedure for their lawful sale and possession.

Section § 30510

Explanation

This law defines what is considered an "assault weapon" in California. It lists specific types of semiautomatic rifles, pistols, and shotguns by their brand and model names, such as AK series rifles, UZI, and Franchi SPAS 12. The law also covers any firearms that a court has previously declared as assault weapons, as well as any variations of the listed models with minor differences, regardless of the manufacturer.

The intent of the law is to identify and restrict certain semiautomatic weapons, which the Legislature believes is the most effective way to manage these firearms.

As used in this chapter and in Sections 16780, 17000, 27555, 27560, 27565, 27875, 27920, 27966, and 28000, “assault weapon” means the following designated semiautomatic firearms:
(a)CA Penal Law Code § 30510(a) All of the following specified rifles:
(1)CA Penal Law Code § 30510(a)(1) All AK series including, but not limited to, the models identified as follows:
(A)CA Penal Law Code § 30510(a)(1)(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B)CA Penal Law Code § 30510(a)(1)(B) Norinco 56, 56S, 84S, and 86S.
(C)CA Penal Law Code § 30510(a)(1)(C) Poly Technologies AKS and AK47.
(D)CA Penal Law Code § 30510(a)(1)(D) MAADI AK47 and ARM.
(2)CA Penal Law Code § 30510(a)(2) UZI and Galil.
(3)CA Penal Law Code § 30510(a)(3) Beretta AR-70.
(4)CA Penal Law Code § 30510(a)(4) CETME Sporter.
(5)CA Penal Law Code § 30510(a)(5) Colt AR-15 series.
(6)CA Penal Law Code § 30510(a)(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
(7)CA Penal Law Code § 30510(a)(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8)CA Penal Law Code § 30510(a)(8) MAS 223.
(9)CA Penal Law Code § 30510(a)(9) HK-91, HK-93, HK-94, and HK-PSG-1.
(10)CA Penal Law Code § 30510(a)(10) The following MAC types:
(A)CA Penal Law Code § 30510(a)(10)(A) RPB Industries Inc. sM10 and sM11.
(B)CA Penal Law Code § 30510(a)(10)(B) SWD Incorporated M11.
(11)CA Penal Law Code § 30510(a)(11) SKS with detachable magazine.
(12)CA Penal Law Code § 30510(a)(12) SIG AMT, PE-57, SG 550, and SG 551.
(13)CA Penal Law Code § 30510(a)(13) Springfield Armory BM59 and SAR-48.
(14)CA Penal Law Code § 30510(a)(14) Sterling MK-6.
(15)CA Penal Law Code § 30510(a)(15) Steyr AUG.
(16)CA Penal Law Code § 30510(a)(16) Valmet M62S, M71S, and M78S.
(17)CA Penal Law Code § 30510(a)(17) Armalite AR-180.
(18)CA Penal Law Code § 30510(a)(18) Bushmaster Assault Rifle.
(19)CA Penal Law Code § 30510(a)(19) Calico M-900.
(20)CA Penal Law Code § 30510(a)(20) J&R ENG M-68.
(21)CA Penal Law Code § 30510(a)(21) Weaver Arms Nighthawk.
(b)CA Penal Law Code § 30510(b) All of the following specified pistols:
(1)CA Penal Law Code § 30510(b)(1) UZI.
(2)CA Penal Law Code § 30510(b)(2) Encom MP-9 and MP-45.
(3)CA Penal Law Code § 30510(b)(3) The following MAC types:
(A)CA Penal Law Code § 30510(b)(3)(A) RPB Industries Inc. sM10 and sM11.
(B)CA Penal Law Code § 30510(b)(3)(B) SWD Incorporated M-11.
(C)CA Penal Law Code § 30510(b)(3)(C) Advance Armament Inc. M-11.
(D)CA Penal Law Code § 30510(b)(3)(D) Military Armament Corp. Ingram M-11.
(4)CA Penal Law Code § 30510(b)(4) Intratec TEC-9.
(5)CA Penal Law Code § 30510(b)(5) Sites Spectre.
(6)CA Penal Law Code § 30510(b)(6) Sterling MK-7.
(7)CA Penal Law Code § 30510(b)(7) Calico M-950.
(8)CA Penal Law Code § 30510(b)(8) Bushmaster Pistol.
(c)CA Penal Law Code § 30510(c) All of the following specified shotguns:
(1)CA Penal Law Code § 30510(c)(1) Franchi SPAS 12 and LAW 12.
(2)CA Penal Law Code § 30510(c)(2) Striker 12.
(3)CA Penal Law Code § 30510(c)(3) The Streetsweeper type S/S Inc. SS/12.
(d)CA Penal Law Code § 30510(d) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991.
(e)CA Penal Law Code § 30510(e) This section is declaratory of existing law and a clarification of the law and the Legislature’s intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.
(f)CA Penal Law Code § 30510(f) As used in this section, “series” includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.

Section § 30515

Explanation

This section defines what counts as an 'assault weapon' under California law. It includes semiautomatic firearms with certain dangerous features like pistol grips, folding stocks, or capable of holding more than 10 rounds. Specific types of rifles, pistols, shotguns, and other firearms with these features are listed.

There are exceptions for antique firearms and certain competitive pistols used in Olympic shooting events. These pistols are identified by make and model, such as those from BENELLI and WALTHER. The Department of Justice is responsible for updating this list, guided by shooting organizations' rules.

Additionally, if any part of this section is found invalid, it does not affect the remaining parts.

(a)CA Penal Law Code § 30515(a) Notwithstanding Section 30510, “assault weapon” also means any of the following:
(1)CA Penal Law Code § 30515(a)(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:
(A)CA Penal Law Code § 30515(a)(1)(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B)CA Penal Law Code § 30515(a)(1)(B) A thumbhole stock.
(C)CA Penal Law Code § 30515(a)(1)(C) A folding or telescoping stock.
(D)CA Penal Law Code § 30515(a)(1)(D) A grenade launcher or flare launcher.
(E)CA Penal Law Code § 30515(a)(1)(E) A flash suppressor.
(F)CA Penal Law Code § 30515(a)(1)(F) A forward pistol grip.
(2)CA Penal Law Code § 30515(a)(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3)CA Penal Law Code § 30515(a)(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4)CA Penal Law Code § 30515(a)(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:
(A)CA Penal Law Code § 30515(a)(4)(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B)CA Penal Law Code § 30515(a)(4)(B) A second handgrip.
(C)CA Penal Law Code § 30515(a)(4)(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.
(D)CA Penal Law Code § 30515(a)(4)(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5)CA Penal Law Code § 30515(a)(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6)CA Penal Law Code § 30515(a)(6) A semiautomatic shotgun that has both of the following:
(A)CA Penal Law Code § 30515(a)(6)(A) A folding or telescoping stock.
(B)CA Penal Law Code § 30515(a)(6)(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7)CA Penal Law Code § 30515(a)(7) A semiautomatic shotgun that does not have a fixed magazine.
(8)CA Penal Law Code § 30515(a)(8) Any shotgun with a revolving cylinder.
(9)CA Penal Law Code § 30515(a)(9) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following:
(A)CA Penal Law Code § 30515(a)(9)(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B)CA Penal Law Code § 30515(a)(9)(B) A thumbhole stock.
(C)CA Penal Law Code § 30515(a)(9)(C) A folding or telescoping stock.
(D)CA Penal Law Code § 30515(a)(9)(D) A grenade launcher or flare launcher.
(E)CA Penal Law Code § 30515(a)(9)(E) A flash suppressor.
(F)CA Penal Law Code § 30515(a)(9)(F) A forward pistol grip.
(G)CA Penal Law Code § 30515(a)(9)(G) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(H)CA Penal Law Code § 30515(a)(9)(H) A second handgrip.
(I)CA Penal Law Code § 30515(a)(9)(I) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.
(J)CA Penal Law Code § 30515(a)(9)(J) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(10)CA Penal Law Code § 30515(a)(10) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds.
(11)CA Penal Law Code § 30515(a)(11) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches.
(b)CA Penal Law Code § 30515(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
(c)CA Penal Law Code § 30515(c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d).
(d)CA Penal Law Code § 30515(d) “Assault weapon” does not include either of the following:
(1)CA Penal Law Code § 30515(d)(1) Any antique firearm.
(2)CA Penal Law Code § 30515(d)(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c):
(3)CA Penal Law Code § 30515(d)(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.
(e)CA Penal Law Code § 30515(e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Section § 30520

Explanation

This section explains that the Attorney General must prepare clear descriptions of assault weapons, including pictures or diagrams, and share them with all law enforcement agencies. These agencies should then make the descriptions available to their staff.

Additionally, until January 1, 2007, the Attorney General had to create a list of firearms designated as assault weapons, which must include any newly declared assault weapons and be published in the California Code of Regulations. Firearms on this list before January 1, 2007, will stay on it.

The usual process for adopting new rules doesn’t apply to this specific list of assault weapons. The Attorney General is also tasked with creating any necessary regulations to fulfill the chapter’s aims.

(a)CA Penal Law Code § 30520(a) The Attorney General shall prepare a description for identification purposes, including a picture or diagram, of each assault weapon listed in Section 30510, and any firearm declared to be an assault weapon pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, and shall distribute the description to all law enforcement agencies responsible for enforcement of this chapter. Those law enforcement agencies shall make the description available to all agency personnel.
(b)Copy CA Penal Law Code § 30520(b)
(1)Copy CA Penal Law Code § 30520(b)(1) Until January 1, 2007, the Attorney General shall promulgate a list that specifies all firearms designated as assault weapons in former Section 12276, as it read in Section 2 of Chapter 954 of the Statutes of 1991, Section 134 of Chapter 427 of the Statutes of 1992, or Section 19 of Chapter 606 of the Statutes of 1993, or declared to be assault weapons pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991. The Attorney General shall file that list with the Secretary of State for publication in the California Code of Regulations. Any declaration that a specified firearm is an assault weapon shall be implemented by the Attorney General who, within 90 days, shall promulgate an amended list which shall include the specified firearm declared to be an assault weapon. The Attorney General shall file the amended list with the Secretary of State for publication in the California Code of Regulations. Any firearm declared to be an assault weapon prior to January 1, 2007, shall remain on the list filed with the Secretary of State.
(2)CA Penal Law Code § 30520(b)(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, pertaining to the adoption of rules and regulations, shall not apply to any list of assault weapons promulgated pursuant to this section.
(c)CA Penal Law Code § 30520(c) The Attorney General shall adopt those rules and regulations that may be necessary or proper to carry out the purposes and intent of this chapter.

Section § 30525

Explanation

This section defines what a ".50 BMG cartridge" is for legal purposes. It specifies that this type of cartridge is meant to be fired from a center fire rifle and must meet certain size and dimension criteria. Specifically, it must be 5.54 inches long from base to bullet tip, have a bullet diameter between .510 and .511 inches, a case base diameter between .800 and .804 inches, and a case length of 3.91 inches.

As used in this part, “.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:
(a)CA Penal Law Code § 30525(a) It has an overall length of 5.54 inches from the base to the tip of the bullet.
(b)CA Penal Law Code § 30525(b) The bullet diameter for the cartridge is from .510 to, and including, .511 inch.
(c)CA Penal Law Code § 30525(c) The case base diameter for the cartridge is from .800 inch to, and including, .804 inch.
(d)CA Penal Law Code § 30525(d) The cartridge case length is 3.91 inches.

Section § 30530

Explanation

This section defines what a ".50 BMG rifle" is under the law. It specifies that it's a type of rifle that can fire a .50 BMG cartridge, excluding any firearms that are already classified as assault weapons or machineguns. Additionally, it clarifies that this definition does not include antique firearms or those considered curios or relics.

(a)CA Penal Law Code § 30530(a) As used in this part, “.50 BMG rifle” means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun.
(b)CA Penal Law Code § 30530(b) A “.50 BMG rifle” does not include any antique firearm, nor any curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.