Penal Code covering Assault weapons and .50 Caliber rifles
Penal Code covering California 'Assault Weapons' and .50 Caliber BMG Rifles.
This page has links to the sections of the Penal Code and short annotations. A few relatively minor provisions are not noted here.
Some sections of the Code provisions are quoted for emphasis.
See the Timeline article for the history of the law.
This chapter shall be known as the Roberti-Roos Assault Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of 2004.
30505 - Declarations
30510 - 'Named' weapons.
30515 - 'Features'; exempt Olympic-style pistols
30520 - Attorney General must prepare descriptive materials; after Jan 1, 2007, AG may not add named weapons to the PC.
30525 - Defines .50 caliber BMG cartridge (all other variants of .50 Caliber are excluded by omission)
30530 - Defines .50 caliber rifle (all other configurations are excluded by omission)
30600 - Penalties:
(a) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years. (b) In addition and consecutive to the punishment imposed under subdivision (a), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of subdivision (a) shall receive an enhancement of one year.
30605 - Penalty for simple possession:
(a) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment in the state prison.
30610 - Penalty, possession of .50 caliber BMG rifle:
(a) Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, shall be punished by a fine of one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment.
30620 - Dates
30625 - Government agencies exempt
30630 - Some Law Enforcement personnel may purchase and register.
30655 - Administrators of estates exempt from 'aw' crime
30660 - Rules for lending assault weapons or .50 caliber BMG rifles
30665 - Non-residents may bring in assault weapons for competition as specified (NOTE this does NOT authorize bringing in 'large-capacity magazines', capacity 11 and up.)
30710 - SKS with detachable magazine is an assault weapon (through 30735)
30800 - Possession is a nuisance
30900 - Registration requirements for assault weapons. (NOTE all registration periods have CLOSED.)
However, below is what 'registration' means
(c) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate.
That is NOT the description of the Dealers Record Of Sale (DROS) for a long gun. A special extra step was required.
30905 - Registration for .50 caliber BMG rifles (NOTE all registration periods have CLOSED.)
30910 - Cannot transfer an assault weapon inside CA
Except as provided in Section 30925, no assault weapon possessed pursuant to this article may be sold or transferred on or after January 1, 1990, to anyone within this state other than to a licensed gun dealer or as provided in Section 31100.
30915 - Cannot inherit an assault weapon
Any person who obtains title to an assault weapon registered under this article or that was possessed pursuant to subdivision (a) of Section 30630 by bequest or intestate succession shall, within 90 days, do one or more of the following: (a) Render the weapon permanently inoperable. (b) Sell the weapon to a licensed gun dealer. (c) Obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (d) Remove the weapon from this state.
30925 - Cannot move to CA with an assault weapon
Except as provided in Section 30940, no .50 BMG rifle possessed pursuant to this article may be sold or transferred on or after January 1, 2005, to anyone within this state other than to a licensed gun dealer or as provided in Section 31100.
30935 - Cannot inherit .50 BMG rifle
30940 - Cannot move to CA with .50 BMG rifle
30945 - Restrictions on places where assault weapons or .50 BMG rifles may be used; transport restrictions: unloaded in a locked case
30950 - Under 18 years old prohibited
The department's registration procedures shall provide the option of joint registration for any assault weapon or .50 BMG rifle owned by family members residing in the same household.
Applied only when registration periods were open.
31000 - Permits required for different uses than specified in code
31005 - Permits for manufacture or sale
31050 - Gunsmithing legal
31055 - Dealers may conduct business with assault weapons
31115 - DOJ public education program required