Frequently Asked Questions - California Assault Weapon Registration

Firearms Division of the California Attorney Generals Office ^ | FR Post 7-27-02 | Attorney General Office - State of California

[vannrox]

1. What is considered an assault weapon under California law?
   There are three categories of assault weapons under California law. The first category is firearms listed on the original Roberti-Roos assault weapons list (Penal Code section 12276, subds (a), (b), and (c)). The second category of assault weapons is AK and AR-15 series weapons (Penal Code sections 12276 (e) and (f)). The third category of assault weapons is defined by specific generic characteristics (PC section 12276.1, SB 23). In addition to California law, assault weapons are regulated by federal law. For information on federal laws relative to assault weapons, please contact the Federal Bureau of Alcohol, Tobacco, and Firearms.
   
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2. What is the Kasler v. Lockyer California Supreme Court decision and what does it do?
   This 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. On August 16, 2000, the California Supreme Court denied a request for rehearing in the above-entitled case, and the case is now final.
   
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3. What are AK and AR-15 series weapons and how are they controlled?
   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. AK and AR-15 series weapons could no longer be purchased as of August 16, 2000. For more information, refer to Information Bulletin 2000-04.
   
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4. How is the 2000 assault weapons law (SB 23) affected by the Kasler v. Lockyer decision?
   The 2000 assault weapons law (SB 23) identified assault weapons by specific characteristics. Those weapons so defined must have been lawfully possessed on or before December 31, 1999 and registered on or before December 31, 2000. Penal Code section 12276, subdivisions (e) and (f), reaffirmed by the Kasler v. Lockyer decision, make AK and AR-15 series weapons unlawful for sale after August 16, 2000, even if their assault weapon characteristics are removed. Persons owning these weapons on this date were required to register them with the DOJ on or before January 23, 2001.
   
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5. Which assault weapons can and cannot be registered?
   The assault weapon registration period has ended. The DOJ is no longer accepting new assault weapon registration forms. The only exception applies to persons who have been arrested for possession of an unregistered assault weapon. Such a person may be eligible, through December 31, 2001, to have the charge reduced to an infraction if he or she meets the specific conditions described in Penal Code section 12280(c). One of these conditions requires that the person register the assault weapon with the DOJ. The DOJ will accept a registration from such a person if he or she provides the DOJ with documentation substantiating his or her arrest. However, this option is only available for assault weapons as defined by characteristics that are not Roberti-Roos assault weapons or AK or AR-15 series weapons.
   
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6. Where can I get registration forms?
   If you are party to a criminal case involving possession of an assault weapon prior to January 1, 2002, and if you qualify to register that assault weapon in order to reduce the offense to an infraction, you may obtain an Assault Weapon Registration Form from the Department of Justice. The form includes instructions.
   
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7. I already paid the $14.00 Dealer's Record Of Sale (DROS) fee and went through a DOJ clearance check when I purchased the firearm. Does that satisfy the registration requirement?
   No. Under California law, no rifle or shotgun purchaser information may be retained by the DOJ. The DROS fee only covers the cost to determine whether or not a purchaser is prohibited from purchasing or possessing a firearm at the time of the transaction. Additionally, once eligibility has been verified, the DOJ is required by law to destroy all DROS information pertaining to long guns. The $20.00 application fee for an assault weapon registration covers the costs of processing the application, conducting an eligibility background check, and creating and maintaining the database of registered assault weapons.
   
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8. I have a registered assault weapon. If I travel outside of California with the firearm, can I bring the firearm back into California?
   Yes, as a long as it is transported in accordance with Penal Code sections 12285 and 12026.1. These sections of law may be accessed on the DOJ Firearms Division Website's Online Dangerous Weapons Control Laws.
   
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9. I am a firearms dealer. If I remove the characteristic(s) that make a firearm an assault weapon, can I sell it?
   Yes, but only if the firearm is an assault weapon that is defined as such only by its characteristics, and only if you have registered it as an assault weapon with the DOJ. (Penal Code section 12276.1, SB 23 - This section of law may be accessed on the DOJ Firearms Division Website's Online Dangerous Weapons Control Laws). THIS DOES NOT APPLY TO ORIGINAL ROBERTI-ROOS ASSAULT WEAPONS OR AK and AR-15 SERIES WEAPONS.
   
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10. 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. This section of law may be accessed on the DOJ Firearms Division Website's Online Dangerous Weapons Control Laws.
    
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11. Can I pawn a registered assault weapon?
    No. Pawning assault weapons is not permitted.
    
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12. 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.
    
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13. 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.
    
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14. If I registered my SB 23 assault weapon and now I remove the characteristic(s) that make it an assault weapon, can I cancel the registration?
    Yes. If the defining characteristics establishing a firearm as an SB 23 assault weapon are removed, it is no longer an assault weapon and the registration may be canceled. However, once the registration is canceled, you can never replace the characteristic(s) that make it an assault weapon, or you will be in possession of an illegal weapon.
    
    THIS APPLIES ONLY TO FIREARMS DEFINED AS ASSAULT WEAPONS BY CHARACTERISTICS (Penal Code section 12276.1, SB 23). THIS DOES NOT APPLY TO ORIGINAL ROBERTI-ROOS ASSAULT WEAPONS OR AK and AR-15 SERIES WEAPONS IN THAT REMOVAL OF THEIR CHARACTERISTICS DOES NOT NEGATE THE REQUIREMENT TO REGISTER THE ASSAULT WEAPON.
    
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15. I want to keep my assault weapon defined by characteristics (PC section 12276.1, SB 23). What am I required to do?
    If you are still in possession of an unregistered assault weapon, you may not keep it. Your only option is to relinquish it to a law enforcement agency.
    
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16. I do not want to keep my assault weapon. What do I do?
    If you have an unregistered assault weapon, you must relinquish it to law enforcement. If you have a registered assault weapon that you no longer want to keep, you have four options:
    
    1. Sell the weapon to a licensed gun dealer who has an assault weapons permit; or

    2. Make arrangements with your local police or sheriff's office to relinquish your assault weapon. CALL FIRST. DO NOT GO TO THE POLICE OR SHERIFF'S OFFICE WITHOUT FIRST MAKING ARRANGEMENTS; or

    3. Permanently remove the weapon from this state; or

    4. Destroy the weapon.
    
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17. If I did not register my assault weapon by the registration deadline, is there any way I can legally keep it?
    No. If you did not register your assault weapon prior to the registration deadline, you must relinquish that assault weapon to a law enforcement agency. Failure to relinquish your unregistered assault weapon could result in arrest and a felony conviction. The only exception applies to persons who have been arrested for possession of an unregistered assault weapon. Such a person may be eligible, through December 31, 2001, to have the charge reduced to an infraction if he or she meets the specific conditions described in Penal Code section 12280(c). One of these conditions requires that the person register the assault weapon with the DOJ. The DOJ is accepting registration forms from these persons if they provide the DOJ with documentation substantiating their arrest. However, this option is only available for assault weapons as defined by characteristics that are not Roberti-Roos assault weapons or AK or AR-15 series weapons.
    
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[vannrox]

Um... Excuse me, but what about the Second Amendment?

[goldstategop]

Any one who was stupid enough to register their so called assault weapon will probably have their handguns subject to confiscation one day.

[Blue Screen of Death]

If Barney Frank finds out California has a Penal Code, he will probably move there.

[Free the USA]

Index Bump

[mvpel]

The Ninth Circus Court of Appeals ruled years ago that the Second Amendment protects a "collective" right pertaining only to on-duty National Guard, so California has felt free to pass any ridiculous gun laws they like. The Thermopylae Group is planning to correct that.

[Glenn]

The Thermopylae Group is planning to correct that.

They haven't updated the status on their web site yet this year. Where's the support?

[bruoz]

"I want to keep my assault weapon defined by characteristics (PC section 12276.1, SB 23). What am I required to do?"If you are still in possession of an unregistered assault weapon, you may not keep it. Your only option is to relinquish it to a law enforcement agency.

What about this?

Article IV of the U.S. Constitution: Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

[goldstategop]

Which begs the question. If a so called assault weapon was never registered how would law enforcement know it existed? Try as they might the Kalifornistan gun banners can't confiscate all of them.

[Atlas Sneezed]

Incidentally, I called these bozos and asked if there was a problem if I transported my "assault weapons" through California during a change in residence. The squirt told me that it was "technically illegal" and may be a felony.

The FAQ on the website, on the other hand, says that it's OK, as long as they are in a locked case or locked trunk, meeting the same travel regulations as handguns possessed by non-CCW holders.
http://caag.state.ca.us/firearms/travel.htm

[goldstategop]

You're the bozo. If you want to get arrested for asserting your RKBA arms, don't come cryin' to the FR when you let the gun banners know you have something in your possession that allows them to make an example of you.

[Mulder]

The only revelant question concerning this illegal and treasonous legislation is:

"By what authority do you claim to be able to infrige upon the Rights of Americans?"

[backhoe]

To read about people with better common sense, look here:

Swiss Gun Laws- and some rebuttal to HCI "spin"-- Thread II

[jrp]

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.

Anything I can't pass on to my heirs does not belong to me. In other words, if you registered your gun, it is now the property of the state of California. They are graciously allowing you hold it for them until you die or they change the law and come knocking sooner.

Molon Labe.

[mvpel]

Is your name on the list yet?

[mvpel]

You can ask that question as long and as loud as you like, and they'll still throw you in jail. They're prosecuting 75-year-old WW-II veterans, what makes you think they'd treat you any differently?

[mvpel]

The current legal status in the Ninth Circuit is that there is no "privelege or immunity" to own certain kinds of semiautomatic rifles, and that the police power can be exercised as the legislature sees fit to control or prohibit such firearms.

[Atlas Sneezed]

"If you want to get arrested for asserting your RKBA arms, don't come cryin' to the FR when you let the gun banners know you have something in your possession that allows them to make an example of you."

I think you seriously misunderstand the situation. I am not baiting them into arresting me. I am not acceding to their dumb laws. I am not informing them about my plans.

I simply called the bozos, and they gave me dishonest legal advice that wrongly suggested that my rights were narrower under the law than they are.

[TheErnFormerlyKnownAsBig]

If I have a friend who lives in California and didn't register his AK, can he legally sell it to me? Can it be a private sale and then I carry/ship it back home? Must it go through a FFL to an FFL?

[Pearls Before Swine]

If Barney Frank finds out California has a Penal Code, he will probably move there.

Any chance you made a typo? Did you mean "Penile Code?"

[Redcloak]

Um... Excuse me, but what about the Second Amendment?

Shouldn't this be posted under humor?

A little CA joke for y'all!