Frequently Asked Questions

Assault Weapon Registration

General FAQs

1. What is considered an assault weapon under California law?
2. What is the Kasler v. Lockyer California Supreme Court decision and what does it do?
3. What are AK and AR-15 series weapons and how are they controlled?
4. How is the 2000 assault weapons law (SB 23) affected by the Kasler v. Lockyer decision?
5. Can assault weapons still be registered?
6. 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?
7. I have a registered assault weapon. If I travel outside of California with the firearm, can I bring the firearm back into California?
8. I am a firearms dealer. If I remove the characteristic(s) that make a firearm an assault weapon, can I sell it?
9. Are there any restrictions for the use of registered assault weapons?
10. Can I pawn a registered assault weapon?
11. Can I take a registered assault weapon to a gunsmith for repairs?
12. Can I inherit and keep a registered assault weapon?
13. 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?
14. I want to keep my assault weapon defined by characteristics (PC section 12276.1, SB 23). What am I required to do?
15. I do not want to keep my assault weapon. What do I do?
16. If I did not register my assault weapon by the registration deadline, is there any way I can legally keep it?

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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, pdf (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).

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. 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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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. 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)

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. Can assault weapons still be registered?

   The assault weapon registration period has ended. The DOJ is no longer accepting assault weapon registration forms.

6. I already paid the 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 assault weapon registration period has ended. The DOJ is no longer accepting assault weapon registration forms.

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7. 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 Bureau of Firearms Website's Online Dangerous Weapons Control Laws.

8. 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 Bureau of Firearms 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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9. 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 Bureau of Firearms Website's Online Dangerous Weapons Control Laws.

10. Can I pawn a registered assault weapon?

    No. Pawning assault weapons is not permitted.

11. 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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12. 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.

13. 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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14. 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.

15. 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 three 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. Remove the weapon from this state.

16. 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.

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Military Assault Weapons

1. May active duty military personnel apply for a Department of Justice (DOJ) Permit to Possess and/or Transport Assault Weapons?
2. Does a DOJ Permit to Possess and/or Transport Assault Weapons for active military personnel expire?
3. Do I need to notify DOJ if there are any changes of information from the initial or renewal application provided on the DOJ Permit to Possess and/or Transport Assault Weapons for active military personnel?
4. May active duty military personnel be denied issuance of a DOJ Permit to Possess and/or Transport Assault Weapons?
5. May active duty military personnel issued a DOJ Permit to Possess and/or Transport Assault Weapons purchase or acquire additional Assault Weapons while permanently stationed in California?
6. May active duty military personnel with a DOJ Permit to Possess and/or Transport Assault Weapons, possess, import/export short-barreled rifles/shotguns into California?

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1. May active duty military personnel apply for a Department of Justice (DOJ) Permit to Possess and/or Transport Assault Weapons?

   Yes. Active duty military personnel may apply for a DOJ Permit to Possess and/or Transport Assault Weapons only under the express conditions of Penal Code section 12285 (c). The following documentation and fees must be provided:

   • Submit your fingerprint impressions before submitting this application. To submit fingerprint impressions, you must take a completed Request for Live Scan Service form (BCII 8016) to a Live Scan station. Refer to ag.ca.gov/fingerprints for Live Scan station location information. Have the Live Scan station submit your fingerprint impressions to both DOJ and FBI. You must pay the Live Scan operator a $73.00 DOJ fingerprinting fee and a $19.00 FBI fingerprinting processing fee, as well as the Live Scan operator's fee (Note: the Live Scan operator fee varies by Live Scan site, and the Bureau of Firearms does not regulate or set this price).
   • Completed Application (BOF 4082), pdf.
   • Current copy of applicant's official military identification card.
   • Official letter signed by the applicant's Base Commander, establishing that a bona fide necessity exists for use of personal assault weapons in sanctioned military activities. The letter must include a current telephone number for the Base Commander's office.
   • Copy of Permanent Change of Military Station Orders.

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2. Does a DOJ Permit to Possess and/or Transport Assault Weapons for active military personnel expire?

   Yes. The permit is valid for one year from the date of issuance or the termination of permanent active duty military stationing in the State of California, whichever occurs first. The following documentation for renewal of a DOJ Permit to Possess and/or Transport Assault Weapons must be mailed to DOJ prior to the permit expiration:

   • DOJ assault weapon permit letter.
   • Current copy of applicant's official military identification card.
   • Official letter signed by the applicant's Base Commander, establishing that a bona fide necessity exists for use of personal assault weapons in sanctioned military activities. The letter must include a current telephone number for the Base Commander's office.
   • Copy of Permanent Change of Military Station Orders.
   • If the renewal application is received later than the expiration date, there is a $25 renewal fee.
   • Provide a copy of the "Use of Personal Assault Weapons in Military Sanctioned Activities" form BOF 047, pdf.

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3. Do I need to notify DOJ if there are any changes of information from the initial or renewal application provided on the DOJ Permit to Possess and/or Transport Assault Weapons for active military personnel?

   Yes. You must notify DOJ in writing within ten days of any changes of information provided on the initial DOJ Permit to Possess and/or Transport Assault Weapons for active military personnel or renewal application, including the following:

   • Permanent active duty military status in the State of California is terminated.
   • Disposal/relinquishment of a permitted assault weapon. Please submit your written notification to: Department of Justice, Firearms Licensing and Permits Section - MAWP, P.O. Box 160367, Sacramento, CA 95816-0367.
   • The Base Commander determines that a bona fide necessity for use of personal assault weapons in sanctioned military activities no longer exists.

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4. May active duty military personnel be denied issuance of a DOJ Permit to Possess and/or Transport Assault Weapons?

   Yes. A permit may be denied for the following reasons:

   • The applicant is under the age of 18 years.
   • The applicant is prohibited from possessing a firearm by Penal Code (PC) Section 12021 or 12021.1.
   • The Base Commander determines that a bona fide necessity for use of personal assault weapons in sanctioned military does not exist, or will not issue an official letter establishing that a bona fide necessity exists for use of personal assault weapons in sanctioned military activities, as set forth in Title 11, Division 5, Chapter 7, Article 3, section 4137(a)(2) of the California Code of Regulations.

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5. May active duty military personnel issued a DOJ Permit to Possess and/or Transport Assault Weapons purchase or acquire additional Assault Weapons while permanently stationed in California?

   No. Subsequent to issuance of a DOJ Permit to Possess and/or Transport Assault Weapons, no additional assault weapons may be added to the permit. Additionally, an assault weapons permit does not allow the permit holder to purchase or import additional assault weapons in to California.

6. May active duty military personnel with a DOJ Permit to Possess and/or Transport Assault Weapons, possess, import/export short-barreled rifles/shotguns into California?

   No. Short-barreled rifles/shotguns are not assault weapons. A separate permit for such weapons based on different, and more stringent criteria is required before they can be lawfully brought into the state. The DOJ/FLPS-Dangerous Weapons Permit Unit also handles the issuance of permits for short barreled rifles/shotguns. You may obtain additional information regarding issuance of this permit by accessing the Bureau of Firearms Website, Dangerous Weapons Control Laws, Penal Code section 12095-12099 Short-barreled Rifles/Shotgun Permits.

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