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.
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