Assault Weapon Characteristics

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Effective January 1, 2000, Senate Bill 23, Statutes of 1999, established new criteria for defining assault weapons based on generic characteristics. This bill allowed and required persons who owned/possessed firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill added Penal Code Section 12276.1 to the Penal Code as follows. Effective January 1, 2011, Senate Bill 1080, Statutes of 2010 reorganized without substantive change the provisions of the Penal Code relating to deadly weapons, to be operative January 1, 2012. SB 1080 also incorporated additional changes proposed by AB 1810, AB 1934, AB 2263, AB 2358, AB 2668, SB 282, SB 1062, and SB 1190, contingent on the prior enactment of those bills. Effective August 6, 2020, Senate Bill 118, Statutes of 2020, expanded the definition of “assault weapon” to include a semiautomatic firearm that is not a rifle, pistol, or shotgun, that either does not have a fixed magazine but has any one of the attributes currently associated with assault weapons, as specified, that has a fixed magazine with the capacity to accept more than 10 rounds, or that has an overall length of less than 30 inches.

  • As used in this chapter and in Sections 16780, 17000, and 27555, “assault weapon” means the following designated semiautomatic firearms:
    1. All of the following specified rifles:
      1. All AK series including, but not limited to, the models identified as follows:
        1. Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
        2. Norinco 56, 56S, 84S, and 86S.
        3. Poly Technologies AKS and AK47.
        4. MAADI AK47 and ARM.
      2. UZI and Galil.
      3. Beretta AR-70.
      4. CETME Sporter.
      5. Colt AR-15 series.
      6. Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
      7. Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
      8. MAS 223.
      9. HK-91, HK-93, HK-94, and HK-PSG-1.
      10. The following MAC types:
        1. RPB Industries Inc. sM10 and sM11.
        2. SWD Incorporated M11.
      11. SKS with detachable magazine.
      12. SIG AMT, PE-57, SG 550, and SG 551.
      13. Springfield Armory BM59 and SAR-48.
      14. Sterling MK-6.
      15. Steyer AUG.
      16. Valmet M62S, M71S, and M78S.
      17. Armalite AR-180.
      18. Bushmaster Assault Rifle.
      19. Calico M-900.
      20. J&R ENG M-68.
      21. Weaver Arms Nighthawk.
    2. All of the following specified pistols:
      1. UZI.
      2. Encom MP-9 and MP-45.
      3. The following MAC types:
        1. RPB Industries Inc. sM10 and sM11.
        2. SWD Incorporated M-11.
        3. Advance Armament Inc. M-11.
        4. Military Armament Corp. Ingram M-11.
      4. Intratec TEC-9.
      5. Sites Spectre.
      6. Sterling MK-7.
      7. Calico M-950.
      8. Bushmaster Pistol.
    3. All of the following specified shotguns:
      1. Franchi SPAS 12 and LAW 12.
      2. Striker 12.
      3. The Streetsweeper type S/S Inc. SS/12.
    4. 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.
    5. 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.
    6. 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.”
    1. Notwithstanding Section 30510, “assault weapon” also means any of the following:
      1. A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:
        1. A pistol grip that protrudes conspicuously beneath the action of the weapon.
        2. A thumbhole stock.
        3. A folding or telescoping stock.
        4. A grenade launcher or flare launcher.
        5. A flash suppressor.
        6. A forward pistol grip.
      2. A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
      3. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
      4. A semiautomatic pistol that does not have a fixed magazine but has any one of the following:
        1. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
        2. A second handgrip.
        3. 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.
        4. The capacity to accept a detachable magazine at some location outside of the pistol grip.
      5. A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
      6. A semiautomatic shotgun that has both of the following:
        1. A folding or telescoping stock.
        2. A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
      7. A semiautomatic shotgun that does not have a fixed magazine.
      8. Any shotgun with a revolving cylinder.
      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:
        1. A pistol grip that protrudes conspicuously beneath the action of the weapon.
        2. A thumbhole stock.
        3. A folding or telescoping stock.
        4. A grenade launcher or flare launcher.
        5. A flash suppressor.
        6. A forward pistol grip.
        7. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
        8. A second handgrip.
        9. 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.
        10. The capacity to accept a detachable magazine at some location outside of the pistol grip.
      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. A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches.
    2. 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.
    3. 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).
    4. “Assault weapon” does not include either of the following:
      1. Any antique firearm.
      2. Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c):
        MANUFACTURER MODEL CALIBER
        BENELLI MP90 .22LR
        BENELLI MP90 .32 S&W LONG
        BENELLI MP95 .22LR
        BENELLI MP95 .32 S&W LONG
        HAMMERLI 280 .22LR
        HAMMERLI 280 .32 S&W LONG
        HAMMERLI SP20 .22LR
        HAMMERLI SP20 .32 S&W LONG
        PARDINI GPO .22 SHORT
        PARDINI GP-SCHUMANN .22 SHORT
        PARDINI HP .32 S&W LONG
        PARDINI MP .32 S&W LONG
        PARDINI SP .22LR
        PARDINI SPE .22LR
        WALTHER GSP .22LR
        WALTHER GSP .32 S&W LONG
        WALTHER OSP .22 SHORT
        WALTHER OSP-2000 .22 SHORT
      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.
    5. 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.