CA Tightens the Noose on Gun Owners

By now, most California gun owners are aware of the state's restrictive laws against many commonly-owned firearms and accessories.  Every year, politicians in Sacramento add new regulations to chip away at the types of weapons that Californians are legally entitled to possess.  Today, I want to give a brief run-down of where we are and how we got here.  Specifically, I want to discuss California's unique approach to the regulation of "assault weapons".

Possession of an "assault weapon" has been a crime in California since 1991.  A violation can be punished by up to three years in jail.  The definition of an "assault weapon" has continued to expand since that time.  Many common rifles that were legal to purchase and possess just a few years ago are now considered to be contraband.  That means Californian gunowners may be unknowingly breaking the law by simply possessing something that they purchased legally. 

The Bullet Button

Prior to 2017, a semi-automatic rifle was considered to be an illegal "assault weapon" if it had at least one prohibited feature (e.g. a pistol grip, a flash hider, a telescoping stock, etc.), and a "removable" magazine.  A magazine was not considered to be "removable" if its removal required the use of some tool.  Simple magazine release buttons were prohibited.  Gun manufactures responded with the "Bullet Button".  The Bullet Button was essentially a magazine release button that could not be pressed by the user's finger.  Instead, it required the shooter to insert the tip of an unspent round to release the magazine and reload.  This clever workaround allowed Californians to quickly and easily eject their empty magazines while still complying with PC 30515's prohibition on "removable" mags.  

Starting in 2017, though, the California legislature made a few changes to close this loophole.  Rather than prohibiting assault weapons with "removable" magazines, the law was updated to ban possession of any assault weapon with a magazine that is "not fixed".  A "fixed" magazine is one that cannot be removed without disassembling the action of the firearm.  This subtle amendment was specifically intended to prohibit the Bullet Button. 

Registration of Assault Weapons

Individuals who owned assault weapons before the new law took effect were required to register their Bullet Button rifles with the state's Department of Justice.  Registration was a complicated process that included sending photos and descriptions of the firearm, along with some personal information about the owner and paying a fee.  

The window to register assault weapons closed forever on July 1, 2018.  No new assault weapons may be registered after that date.  Anyone who legally owned an assault weapon instantly became a criminal if they failed to follow the state's complicated registration process before the deadline.  Since 7/1/18, possession of an unregistered assault weapon in California has been punishable by up to three years in jail. 

Many people failed to comply with the assault weapon registration deadline because they wrongly believed that their rifles were "registered" at the time they were initially purchased.  Unfortunately for them, registration of an assault weapon is another process entirely.  Whatever paperwork they prepared and signed at the time of purchase is not sufficient to satisfy California's assault weapon registration requirement.  

The Post-2017 Loophole

In response to the new regulations that took effect in 2017, some enterprising gun manufacturers identified another glaring loophole in the state's prohibition of common firearms.  PC 30515 specifically defines what is and isn't considered to be an "assault weapon".  That section spells out various criteria under which a pistol, rifle or shotgun may fall within the prohibition.  But what if a firearm doesn't fit squarely in any of these categories?  Enter the Franklin Armory Title 1. 

The Franklin Armory Title 1 is neither a rifle, a pistol, nor a shotgun.  Therefore, it is excluded from the definition of an "assault weapon".  Photo taken from Ammoland.com.

Under California law, a pistol is legally defined as a firearm that is under 26" in overall length and is capable of being concealed upon a person.  A rifle is a firearm that includes a stock and is intended to be fired from the shoulder.  A shotgun is something else entirely.  The Franklin Armory Title 1 is none of those things.  It is 32" long and does not include a shoulder stock.  Accordingly, it is not an "assault weapon"...  

...for long.  The California legislature is at it again, this time burying more firearm restrictions deep within this summer's budget package.  The latest additions amend PC 30515 to include firearms that don't qualify as "rifles", "pistols" or "shotguns" among the state's growing list of prohibited assault weapons.  The emergency legislation was specifically intended to keep the FA Title 1 out of California.  

Registration 2.0

Individuals who purchased and legally possessed an FA Title 1 before 9/1/20 must again register their weapons with the state's Department of Justice before 1/1/22.  And again, failure to follow the complicated registration process will instantly turn the possessor into a criminal.  

California gun laws are complicated and getting more restrictive every year.  If you or a loved one has questions about your rights, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.  

Thanks for reading.  

What We're Working on Now: October 2020 Edition

Summer is turning into fall and Orange County Court operations are still severely impacted by the ongoing pandemic.  Many hearings are now being conducted remotely (over the phone or by video conferencing).  Hearings are also being streamed live over YouTube.  Links are available at occourts.org.  

The courts are taking extraordinary measures to reduce crowding and to enable "social distancing".  Face coverings are required and admittance to buildings is limited.  

To make matters more complicated, the North Justice Center (Fullerton Courthouse) is closed indefinitely while structural engineers evaluate some new cracks that recently appeared in the building's foundation.  All of the cases that had been scheduled for hearings in Fullerton have temporarily been reassigned to other courthouses around Orange County.  

Here's an update on some other recent developments at our office and around the Orange County Courts in general:

New Misdemeanor Arraignments

The court is not scheduling any new misdemeanor cases for in-person appearances unless the defendant is in custody.  If you were cited and ordered to appear in court, watch your mail for a new notice once the court is open and prepared to hear your case.  

The court has adopted a procedure for attorneys to make some progress toward resolving pending misdemeanor cases by phone and email correspondence.  If you or a loved one has questions about an open misdemeanor, call us to discuss your options.  

Felony Appearances

Typically, defendants in felony cases must be personally present for each hearing.  In an effort to reduce crowding inside the courthouses, though, judges are currently allowing attorneys to appear without their clients present in most felony matters.  

Restraining Orders

The quarantine has led to a spike in reports of domestic violence.  Our office has been busy processing restraining order petitions for the past several months.  

There are several different types of restraining orders under California law, depending on the relationship of the parties involved (domestic violence, civil harassment, elder abuse, workplace violence, etc.).  If the parties are (or were ever) married, dating, related, living together or co-parents of children together, any restraining order petition would probably be treated as a matter of "domestic violence".  In Orange County, all domestic violence restraining orders are filed and heard at the Lamoreaux Family Justice Center in Orange.  

As part of their ongoing efforts to reduce crowding and to enforce social distancing, the court recently began staggering their restraining order hearings throughout the day.  Rather than ordering everyone to appear at 8:30 AM and to wait together for their individual cases to be heard, litigants are now ordered to appear at a specific time slot that has been reserved for their particular case.  This new staggered schedule is much more time-efficient than the old system, where parties could spend all morning sitting around and waiting for the judge to call their matters.  

Before the pandemic, restraining order hearings would be scheduled within 21 days of the filing of the petition.  With the current backlog and staffing shortages inside the courts, though, hearings are being delayed for at least 6-8 weeks.  If you've been served with a temporary restraining order, this means that you might have to wait 2 months before you even have a chance to appear in court and to present your side of the story.  The temporary order will remain in effect during that time.  If you violate the temporary order, you can be arrested and charged criminally.  The penalties for violating a domestic violence restraining order can be severe, including the loss of your right to possess firearms for 10 years.  

Expungements

Even though Orange County courthouses are closed to the public, judges are still processing expungement petitions by mail.  If you're looking for a new job, or if you expect to apply for new jobs in the near future, this is a great time to clean up your old criminal record with an expungement.  

Many felonies have recently been downgraded to misdemeanors in California.  If you've ever been convicted of a qualifying offense, you might also be eligible to have that case retroactively reduced.  In some cases, a reduction from a felony to a misdemeanor may even restore gun rights.  

Catalina Island

If you follow this blog, you know that my office defends more cases on Catalina Island every year than any other private firm.  Only the public defender handles more Avalon cases than us.  Catalina Island is a unique place with its own set of court rules and procedures.  For attorneys who are unfamiliar with those procedures, fighting a case in Catalina can be bewildering.

Catalina was hit hard by the early days of the shut-down.  The island economy relies heavily on cruise ship traffic and weekend tourists who come to enjoy the bars and restaurants.  Unfortunately, no cruise ships have docked in Avalon since March.  Most of the smaller establishments on the island remain closed, but a few have adapted to outdoor seating and carry-out windows.  

As the late-summer heatwave has baked Southern California, weekend crowds have started to return to Catalina.  Migratory bluefin, yellowfin and yellow tail have also attracted anglers to the island this fall.  With the influx of tourists, the Sheriff reports more alcohol-related arrests.  The most commonly-cited violations on the island include "drunk in public" (PC 647(f)), DUI (VC 23152), assault / battery (PC 240 / 242), domestic violence (PC 243 / 273.5), and a variety of fishing offenses.  

Catalina is part of Los Angeles County.  Unlike their neighbors in OC, LA is currently hearing new misdemeanor cases.  If you or a loved one was cited while visiting Catalina, call us to discuss your options.  As always, we offer free attorney consultations.  (714) 449-3335.  Ask for John.  

Thanks for reading and stay healthy.