California is known for having some of the strictest gun laws in the country. In particular, assault rifles are heavily regulated in the state. Here's what you need to know about California's assault rifle laws.
What is an Assault Rifle?
Before we dive into the specifics of California's laws, it's important to understand what an assault rifle actually is. According to California law, an assault rifle is a semi-automatic firearm that has the ability to accept a detachable magazine and has one or more of the following features:
- A pistol grip that protrudes conspicuously beneath the action of the weapon
- A thumbhole stock
- A folding or telescoping stock
- A grenade launcher or flare launcher
- A flash suppressor
- A forward pistol grip
Assault Weapon Control Act
In 1989, California passed the Assault Weapon Control Act, which banned the sale, transfer, and possession of assault weapons in the state. The law was later amended in 1999 to include more specific definitions of what constitutes an assault weapon.
Under the law, individuals who owned assault weapons prior to the ban were allowed to keep them, but they had to be registered with the state. In addition, certain modifications to firearms that were legal prior to the ban were now prohibited.
SB 880 and AB 1135
In 2016, California passed two new laws that further regulated assault rifles in the state. Senate Bill 880 and Assembly Bill 1135 closed loopholes that allowed gun owners to legally possess assault rifles that had been modified to comply with the state's ban.
Under the new laws, firearms that have a "bullet button" or similar device that allows for rapid reloading are now considered assault weapons. In addition, the laws expanded the definition of an assault weapon to include firearms that have a detachable magazine and at least one of the features listed above.
Registration and Background Checks
Individuals who own assault weapons in California are required to register them with the state Department of Justice. In addition, they must undergo a background check and provide proof of ownership, such as a bill of sale or registration from another state.
Individuals who wish to purchase an assault weapon in California must also undergo a background check and wait for a 10-day waiting period before taking possession of the firearm.
Penalties for Violating Assault Rifle Laws
Violating California's assault rifle laws can result in serious penalties. Possession of an unregistered assault weapon is a felony, and can result in up to three years in prison and a $10,000 fine.
Individuals who use an assault weapon in the commission of a crime face even harsher penalties. For example, using an assault weapon in a drive-by shooting is a felony that can result in 20 years to life in prison.
Conclusion
California's assault rifle laws are among the strictest in the country, and are designed to prevent the sale and possession of firearms that are considered to be particularly dangerous. While the laws may be controversial, they are intended to promote public safety and reduce the incidence of gun violence in the state.