Policy Text
POLICE
FOUNDED
Roll Call Training Bulletin
Produced by: Sergeant Mike Lange and
Prepared by: Officer Obed Magny
September 22, 2016
Assault Weapons FAQ's
Sam Somers Jr., Chief of Police
Volume 49
Q: What is considered an assault weapon under current California law?
A: There are three categories of assault weapons under California law:
.
•
Category One: Firearms specified on the original Roberti-Roos assault weapons list.
Penal Code § 30510, subds. (a),(b), and (c)
Category Two: Firearms specified on the AK and AR-15 series weapons.
Penal Code § 30510, subds. (e) and (f)
Category Three: Firearms defined as assault weapons based on specific generic characteristics, often
called "SB 23 Assault Weapons." Pen. Code § 30515
*****
***Many of California's firearm related laws will change in 2017*****
Q: What are generic features and how are they defined?
A: The following definitions apply to terms used in the identification of assault weapons pursuant to Penal
Code section 30515:
•
Detachable magazine
Any ammunition feeding device that can be removed readily from the firearm with neither disassembly
of the firearm action nor the use of a tool being required. A bullet or ammunition cartridge is considered
a tool. Ammunition feeding device includes any belted or linked ammunition, but does not include clips,
en bloc clips, or stripper clips that load cartridges into the magazine.
Flash suppressor
Means any device designed, intended, or that functions to perceptibly reduce or redirect muzzle flash
from the shooter's field of vision.
Forward pistol grip
Means a grip that allows for a pistol style grasp forward of the trigger.
• Pistol grip
Means a grip that allows for a pistol style grasp in which the web of the trigger hand (between the thumb
and index finger) can be placed below the top of the exposed portion of the trigger while firing.
POLICE
FOUNDED
Roll Call Training Bulletin
Produced by: Sergeant Mike Lange and
Prepared by: Officer Obed Magny
Sam Somers Jr., Chief of Police
Volume 49
•
Thumbhole stock
A stock with a hole that allows the thumb of the trigger hand to penetrate into or through the stock while
firing.
PISTOL GRIP
DETACHABLE MAGAZINE
FORWARD PISTOL GRIP
THUMBHOLE STOCK
POLICE
FOUNDED
Roll Call Training Bulletin
Produced by: Sergeant Mike Lange and
Prepared by: Officer Obed Magny
Q: It looks like an AR15/M16/AK47 so it is automatically prohibited right?
Sam Somers Jr., Chief of Police
Volume 49
A: NO. California Penal Code allows for firearms to look like an assault weapon, but these firearms are not
prohibited. The most common way that firearms are made within compliance is with the use of a magazine
locking device. These devices require the use of a "tool" to release the magazine.
Other rifles may look like an assault weapon, but if the rifle is not chambered in a centerfire cartridge, then
these weapons do not qualify. Common examples are AR-15 style rifles that are chambered in .22 caliber rim
fire ammunition, HK MP5 style rifles chambered in .22 caliber rim fire, and AK47 style rifles chambered in .22
caliber rim fire.
Q: What is the Penal Code for possession of a high capacity magazine?
A: Generally, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-
capacity magazine (able to accept more than 10 rounds) in California. However, continued possession of large-
capacity magazines that you owned in California prior to January 1, 2000, is legal provided you are not
otherwise prohibited. A person prohibited from possessing firearms is also prohibited from owning or
possessing any magazines or ammunition (See 32310 and 32311 PC).
As the law is currently written, mere possession of a magazine able to accept more than ten (10) rounds is not
a criminal offense.
POLICE
FOUNDED
Roll Call Training Bulletin
Produced by: Sergeant Mike Lange and
Prepared by: Officer Obed Magny
Sam Somers Jr., Chief of Police
Volume 49
Q: I found an AR15 style rifle with no serial number on it. Is that illegal?
A: Receiver blanks that do not meet the definition of a "firearm" are not subject to regulation under the Gun
Control Act (GCA). The ATF has long held that items such as receiver blanks, "castings" or "machined bodies"
in which the fire-control cavity area is completely solid and un-machined have not reached the "stage of
manufacture" which would result in the classification of a firearm per the GCA.
Once a firearm is manufactured from an unfinished receiver the firearm must comply with all state and federal
regulations.
Solid
Not a firearm
Solid
No holes or dimples for the
selector, trigger, or hammer pins
Not a firearm
Fire control cavity partially machined
Firearm
POLICE
FOUNDED
Roll Call Training Bulletin
Produced by: Sergeant Mike Lange and
Prepared by: Officer Obed Magny
Sam Somers Jr., Chief of Police
Volume 49
Q: These are short barrel rifles right?
101099096
A: NO, both of these examples are of AR15 style pistols. The pistol on the left has a "pistol brace"
attached that appears similar to a stock, but under ATF regulations the brace is not considered a