2009 California Penal Code - Section 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) 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.
   (b) (1) Until January 1, 2007, 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. 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 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.

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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