2005 California Penal Code Sections 12275-12278 Article 1. General Provisions

PENAL CODE
SECTION 12275-12278

12275.  This chapter shall be known as the Roberti-Roos Assault
Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of
2004.
12275.5.  (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
12276 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, as defined in Section 12278,
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.
12276.  As used in this chapter, "assault weapon" shall mean 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 by the court pursuant to Section 12276.5
to be an assault weapon that is specified as an assault weapon in a
list promulgated pursuant to Section 12276.5.
   (e) The term "series" includes all other models that are only
variations, with minor differences, of those models listed in
subdivision (a), regardless of the manufacturer.
   (f) This section is declaratory of existing law, as amended, 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 Section 12276.5, and
any other models which 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.
12276.1.  (a) Notwithstanding Section 12276, "assault weapon" shall
also mean 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 his or her 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 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 are used for Olympic target shooting
purposes at the time the act adding this subdivision is enacted, 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.
   (d) The following definitions shall apply under this section:
   (1) "Magazine" shall mean any ammunition feeding device.
   (2) "Capacity to accept more than 10 rounds" shall mean capable of
accommodating more than 10 rounds, but shall not be construed to
include a feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
   (3) "Antique firearm" means any firearm manufactured prior to
January 1, 1899.
   (e) This section shall become operative January 1, 2000.
12276.5.  (a) Upon request by the Attorney General filed in a
verified petition in a superior court of a county with a population
of more than 1,000,000, the superior court shall issue a declaration
of temporary suspension of the manufacture, sale, distribution,
transportation, or importation into the state, or the giving or
lending of a firearm alleged to be an assault weapon within the
meaning of Section 12276 because the firearm is either of the
following:
   (1) Another model by the same manufacturer or a copy by another
manufacturer of an assault weapon listed in subdivision (a), (b), or
(c) of Section 12276 which is identical to one of the assault weapons
listed in those subdivisions except for slight modifications or
enhancements including, but not limited to: a folding or retractable
stock; adjustable sight; case deflector for left-handed shooters;
shorter barrel; wooden, plastic or metal stock; larger magazine size;
different caliber provided that the caliber exceeds .22 rimfire; or
bayonet mount.  The court shall strictly construe this paragraph so
that a firearm which is merely similar in appearance but not a
prototype or copy cannot be found to be within the meaning of this
paragraph.
   (2) A firearm first manufactured or sold to the general public in
California after June 1, 1989, which has been redesigned, renamed, or
renumbered from one of the firearms listed in subdivision (a), (b),
or (c) of Section 12276, or which is manufactured or sold by another
company under a licensing agreement to manufacture or sell one of the
firearms listed in subdivision (a), (b), or (c) of Section 12276,
regardless of the company of production or distribution, or the
country of origin.
   (b) Upon the issuance of a declaration of temporary suspension by
the superior court and after the Attorney General has completed the
notice requirements of subdivisions (c) and (d), the provisions of
subdivision (a) of Section 12280 shall apply with respect to those
weapons.
   (c) Upon declaration of temporary suspension, the Attorney General
shall immediately notify all police, sheriffs, district attorneys,
and those requesting notice pursuant to subdivision (d), shall notify
industry and association publications for those who manufacture,
sell, or use firearms, and shall publish notice in not less than 10
newspapers of general circulation in geographically diverse sections
of the state of the fact that the declaration has been issued.
   (d) The Attorney General shall maintain a list of any persons who
request to receive notice of any declaration of temporary suspension
and shall furnish notice under subdivision (c) to all these persons
immediately upon a superior court declaration.  Notice shall also be
furnished by the Attorney General by certified mail, return receipt
requested (or substantial equivalent if the person who is to receive
the notice resides outside the United States), to any known
manufacturer and California distributor of the weapon which is the
subject of the temporary suspension order or their California
statutory agent for service.  The notice shall be deemed effective
upon mailing.
   (e) After issuing a declaration of temporary suspension under this
section, the superior court shall set a date for hearing on a
permanent declaration that the weapon is an assault weapon.  The
hearing shall be set no later than 30 days from the date of issuance
of the declaration of temporary suspension.  The hearing may be
continued for good cause thereafter.  Any manufacturer or California
distributor of the weapon which is the subject of the temporary
suspension order has the right, within 20 days of notification of the
issuance of the order, to intervene in the action.  Any manufacturer
or California distributor who fails to timely exercise its right of
intervention, or any other person who manufactures, sells, or owns
the assault weapon may, in the court's discretion, thereafter join
the action as amicus curiae.
   (f) At the hearing, the burden of proof is upon the Attorney
General to show by a preponderance of evidence that the weapon which
is the subject of the declaration of temporary suspension is an
assault weapon.  If the court finds the weapon to be an assault
weapon, it shall issue a declaration that it is an assault weapon
under Section 12276.  Any party to the matter may appeal the court's
decision.  A declaration that the weapon is an assault weapon  shall
remain in effect during the pendency of the appeal unless ordered
otherwise by the appellate court.
   (g) The Attorney General shall prepare a description for
identification purposes, including a picture or diagram, of each
assault weapon listed in Section 12276, and any firearm declared to
be an assault weapon pursuant to this section, 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.
   (h) The Attorney General shall promulgate a list that specifies
all firearms designated as assault weapons in Section 12276 or
declared to be assault weapons pursuant to this section.  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.
   Chapter 3.5 (commencing with Section 11340) 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.
   (i) 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.
12277.  As used in this chapter, "person" means an individual,
partnership, corporation, limited liability company, association, or
any other group or entity, regardless of how it was created.
12278.  (a) As used in this chapter, a ".50 BMG rifle" means a
center fire rifle that can fire a .50 BMG cartridge and is not
already an assault weapon pursuant to Section 12276, 12276.1, or
12276.5, or a machinegun, as defined in Section 12200.
   (b) As used in this chapter, a ".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:
   (1) It has an overall length of 5.54 inches from the base to the
tip of the bullet.
   (2) The bullet diameter for the cartridge is from .510 to, and
including, .511 inch.
   (3) The case base diameter for the cartridge is from .800 inch to,
and including, .804 inch.
   (4) The cartridge case length is 3.91 inches.
   (c) A ".50 BMG rifle" does not include any "antique firearm," nor
any curio or relic as defined in Section 178.11 of Title 27 of the
Code of Federal Regulations.
   (d) As used in this section, "antique firearm" means any firearm
manufactured prior to January 1, 1899.


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