Gun Laws in California - Other Laws

Other Laws

There are also numerous other laws, such as prohibition on possession of tracer ammunition, handgun armor piercing ammunition, .50 BMG rifles, and the sale or transfer of magazines with a capacity of more than 10 rounds. All rifles are normally exempt for the original owner if properly registered at the time of the acts which prohibited them.

In addition, the law states that any weapon that is part of the AR-15 series or AK series is also an assault weapon, regardless of manufacturer; this dates back to 1989 ban, and was confirmed in the Kasler v. Lockyer decision, filed 6/29/2000. However, the California Supreme Court declared the identification of assault weapon by series membership to be too dubious and difficult for the average citizen or even trial court to make without specific and clear model identification guidelines. The court thus set some specific requirements for the "series" identification portion of the law in their ruling of Harrott v. County of Kings, filed 6/28/2001. This decision required banned firearms to be specifically listed by make and model in California Code of Regulations (the "Kasler list"); it did not address assault weapons defined by features. Thus, only firearms specifically listed by exact combination of manufacturer and model name, or conforming to explicit exterior characteristics (such as a pistol grip or folding stock in combination with a detachable magazine) can be banned under current legislation.

Once it was realized the California Department of Justice (CA DOJ) had not updated the "Kasler list" in the five years after the Harrott decision, many Californians found they could legally purchase and possess AR and AK rifles not yet officially identified as "series" members. As of February 2006, over 10,000 "off-list" receivers (frames) for such rifles have been legally imported to, and purchased within, California. The only requirement for these receivers are that the combination of make and model is not explicitly listed as banned, and as long as the owner does not add certain "characteristic features" turning the firearm into an assault weapon (i.e. pistol grip, flash suppressor, etc.). These characteristic features can be used, however, if a nondetachable 10-round (or less) magazine, conforming in the converse to the California Code of Regulations section 5469, formerly section 978.20, definition of detachable magazine, is affixed to such "off-list" rifles. These off-list rifles can also be used without a pistol grip, folding stock or flash hider, in which case it is legal to own and use them with detachable magazines. (California Code of Regulations section 978.20 was changed without regulatory effect renumbering section 978.20 to section 5469 filed 6-28-2006)

The CA DOJ produced a report from the Ferranto Commission in response, intimating that this list will be updated in early 2006; as of December 2006, it had not done so. On February 1, 2006, the CA DOJ also issued a controversial memorandum about this subject; critics say the described actions are not founded or supported within statutory law in Penal Code 12275-12290. This memo stated that once off-list "series" firearms are declared and registered as assault weapons, they will not be able to have characteristic features added or fixed magazines removed. This is being challenged by pro-gun groups, since there is no criminal violation in the California Penal Code for adding or changing features to a legally acquired, registered assault weapon.

On November 8, 2005, San Francisco voters enacted Proposition H, a total ban on the manufacture, sale, transfer or distribution of firearms or ammunition in San Francisco, as well as a ban on the possession of handguns within the city by San Francisco residents (excepting peace officers, security guards and the like). The ban did not prohibit possession of weapons other than handguns, nor did it prohibit residents of other cities from possessing handguns in San Francisco. While this measure made San Francisco the third major U.S. city, following Washington, D.C. and Chicago, to enact a ban on handguns, San Francisco's ban extended further, not implementing a grandfather clause found in Chicago's and Washington D.C.'s laws that protected existing gun owners. Proposition H stated that handgun owners in San Francisco must turn over their handguns to the police by the end of March 2006, have them confiscated, or move outside the city limits. In June 2006, Judge James Warren of the San Francisco County Superior Court struck down Proposition H, asserting that under California law local officials do not have the authority to ban handgun ownership by law-abiding citizens. On January 9, 2008, a California appellate court upheld Judge Warren's decision. The National Rifle Association (NRA) opposed the ban from its inception.