SECTIONS 30500-30530 - California Statutes

PENAL CODE

SECTION 30500-30530

30500. 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. (a) The Legislature hereby finds and declares that the
proliferation and use of assault weapons poses a threat to the
health, safety, and security of all citizens of this state. The
Legislature has restricted the assault weapons specified in Section
30510 based upon finding that each firearm has such a high rate of
fire and capacity for firepower that its function as a legitimate
sports or recreational firearm is substantially outweighed by the
danger that it can be used to kill and injure human beings. It is the
intent of the Legislature in enacting this chapter to place
restrictions on the use of assault weapons and to establish a
registration and permit procedure for their lawful sale and
possession. It is not, however, the intent of the Legislature by this
chapter to place restrictions on the use of those weapons which are
primarily designed and intended for hunting, target practice, or
other legitimate sports or recreational activities.
(b) The Legislature hereby finds and declares that the
proliferation and use of .50 BMG rifles poses a clear and present
terrorist threat to the health, safety, and security of all residents
of, and visitors to, this state, based upon findings that those
firearms have such a high capacity for long distance and highly
destructive firepower that they pose an unacceptable risk to the
death and serious injury of human beings, destruction or serious
damage of vital public and private buildings, civilian, police and
military vehicles, power generation and transmission facilities,
petrochemical production and storage facilities, and transportation
infrastructure. It is the intent of the Legislature in enacting this
chapter to place restrictions on the use of these rifles and to
establish a registration and permit procedure for their lawful sale
and possession.

30510. As used in this chapter and in Sections 16780, 17000, and
27555, "assault weapon" means the following designated semiautomatic
firearms:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models
identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and
86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) 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:
(A) RPB Industries Inc. sM10 and sM11.
(B) 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.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc. M-11.
(D) Military Armament Corp. Ingram M-11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) 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.
(d) 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.
(e) 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.
(f) 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.

30515. (a) Notwithstanding Section 30510, "assault weapon" also
means any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to
accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action
of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) 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 has the capacity to accept a
detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor,
forward handgrip, or silencer.
(B) A second handgrip.
(C) 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.
(D) 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:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action
of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a
detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) 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 (c).
(c) "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 (b):

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 (b) 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.

30520. (a) The Attorney General shall prepare a description for
identification purposes, including a picture or diagram, of each
assault weapon listed in Section 30510, and any firearm declared to
be an assault weapon 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, and shall distribute the description to all law
enforcement agencies responsible for enforcement of this chapter.
Those law enforcement agencies shall make the description available
to all agency personnel.
(b) (1) Until January 1, 2007, the Attorney General shall
promulgate a list that specifies all firearms designated as assault
weapons in former Section 12276, as it read in Section 2 of Chapter
954 of the Statutes of 1991, Section 134 of Chapter 427 of the
Statutes of 1992, or Section 19 of Chapter 606 of the Statutes of
1993, or declared to be assault weapons 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. The Attorney General shall
file that list with the Secretary of State for publication in the
California Code of Regulations. Any declaration that a specified
firearm is an assault weapon shall be implemented by the Attorney
General who, within 90 days, shall promulgate an amended list which
shall include the specified firearm declared to be an assault weapon.
The Attorney General shall file the amended list with the Secretary
of State for publication in the California Code of Regulations. Any
firearm declared to be an assault weapon prior to January 1, 2007,
shall remain on the list filed with the Secretary of State.
(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, pertaining to the
adoption of rules and regulations, shall not apply to any list of
assault weapons promulgated pursuant to this section.
(c) The Attorney General shall adopt those rules and regulations
that may be necessary or proper to carry out the purposes and intent
of this chapter.

30525. As used in this part, ".50 BMG cartridge" means a cartridge
that is designed and intended to be fired from a center fire rifle
and that meets all of the following criteria:
(a) It has an overall length of 5.54 inches from the base to the
tip of the bullet.
(b) The bullet diameter for the cartridge is from .510 to, and
including, .511 inch.
(c) The case base diameter for the cartridge is from .800 inch to,
and including, .804 inch.
(d) The cartridge case length is 3.91 inches.

30530. (a) As used in this part, ".50 BMG rifle" means a center
fire rifle that can fire a .50 BMG cartridge and is not already an
assault weapon or a machinegun.
(b) A ".50 BMG rifle" does not include any antique firearm, nor
any curio or relic as defined in Section 478.11 of Title 27 of the
Code of Federal Regulations.