California’s laws on “assault weapons” are among the most stringent in the United States, creating a complex regulatory landscape that often differs from federal law. For firearm owners in California, a clear understanding of these state-specific rules is necessary for lawful firearm possession and use. The state’s legal framework is detailed, making it important to be well-informed about what constitutes an assault weapon.
General Categories of Assault Weapons in California
California law establishes what constitutes a prohibited “assault weapon” through several distinct legal frameworks. The law does not rely on a single definition but instead creates categories based on different criteria. One primary method is defining a firearm as an assault weapon based on its possession of specific external features, particularly when combined with being a semi-automatic firearm with the capacity to accept a detachable magazine.
A second and more direct approach is the prohibition of specific firearm makes and models explicitly listed by name. The core of these definitions can be found in California Penal Code sections 30510 and 30515, which provide the specific lists and characteristic-based criteria. These sections form the foundation of the state’s assault weapon regulations.
Assault Weapon Features for Centerfire Rifles
For semi-automatic, centerfire rifles, the law is highly specific about which features classify them as assault weapons. A rifle that is capable of accepting a detachable magazine is considered an assault weapon if it has even one of the following features:
- A pistol grip that protrudes conspicuously beneath the firearm’s action
- A thumbhole stock
- A stock that is either folding or telescoping
- A grenade launcher or flare launcher
- A flash suppressor
- A forward pistol grip
A detachable magazine is a key component of this definition, meaning the ammunition feeding device can be removed without disassembling the firearm’s action. A rifle that has a fixed magazine with the capacity to accept more than 10 rounds is also defined as an assault weapon. Furthermore, any semi-automatic, centerfire rifle with an overall length of less than 30 inches is classified as an assault weapon.
Assault Weapon Features for Pistols and Shotguns
The legal definitions for assault weapons extend to specific types of pistols and shotguns, each with its own set of criteria based on external features.
Pistols
A semi-automatic pistol that does not have a fixed magazine but can accept a detachable one is classified as an assault weapon if it possesses any of the following:
- A threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer
- A second handgrip
- A barrel shroud
- The capacity to accept a detachable magazine at a location outside of the pistol grip
A shroud is a part attached to, or encircling, the barrel that allows the user to hold the firearm without being burned, excluding the slide. A pistol with a fixed magazine that can hold more than 10 rounds is also considered an assault weapon.
Shotguns
For shotguns, a semi-automatic model is an assault weapon if it has both a folding or telescoping stock and a pistol grip, a thumbhole stock, or a vertical handgrip. Unlike the rule for rifles, this definition requires a combination of a specific stock and a grip type. A semi-automatic shotgun that has the ability to accept a detachable magazine is also classified as an assault weapon. Furthermore, any shotgun that features a revolving cylinder is designated as an assault weapon.1FindLaw. California Code, Penal Code – PEN § 30515
Firearms Banned by Name
Separate from the feature-based definitions, California law explicitly bans a list of specific firearm makes and models by name. This statute names specific firearms, such as all AK series models and the Colt AR-15 series, rendering them illegal to possess in the state unless they fall under very specific and limited exceptions.2FindLaw. California Code, Penal Code – PEN § 30510
The list is highly precise, targeting firearms from particular manufacturers. For example, it includes UZI and Galil models, as well as specific shotguns like the Franchi SPAS 12 and Striker 12. A firearm that may look similar but is produced by a different manufacturer not listed might not be banned by name. However, such a firearm could still be classified as an illegal assault weapon if it possesses prohibited features. The law allowed for a registration window for individuals who owned these firearms prior to the ban, but that period has long since closed.
Understanding “Featureless” and Fixed Magazine Compliance
To legally possess certain semi-automatic firearms in California, owners often configure them to avoid meeting the state’s legal definition of an assault weapon. Two common methods for achieving this are creating a “featureless” rifle or using a “fixed magazine” design.
A “featureless” rifle is a semi-automatic, centerfire rifle that has a detachable magazine but lacks any of the prohibited characteristics. Owners often achieve this by installing components like fin grips or spur grips, which prevent the hand from wrapping around the grip in a pistol-style grasp. They may also use muzzle brakes instead of flash suppressors and install fixed stocks.
Another compliance method involves altering the firearm to have a “fixed magazine.” Under California law, a fixed magazine is an ammunition feeding device contained in or permanently attached to the firearm so that it cannot be removed without disassembling the firearm’s action.3LII / Legal Information Institute. Cal. Code Regs. Tit. 11, § 5471 – Registration of Assault Weapons Pursuant to Penal Code Section 30900(B)(1); Explanation of Terms Related to Assault Weapon Designation Devices that require the upper and lower receivers of the rifle to be separated to remove the magazine are common solutions. Older “bullet button” devices, which allowed a magazine to be removed with the tip of a tool, no longer meet the legal standard and firearms equipped with them are now considered assault weapons unless previously registered.