CA Question about Semi-Auto Rifles

[Mad Man]

Which semi-automatic rifles are legal in California?

Thanks.

 

[dw33b]

It's easier to say which are illegal. The list and descriptions of evil features are in sections 12275-12277 of the California Penal code.

Are you looking at any rifles in particular?

 

[Librarian]

It's easier to describe what's NOT allowed...

California will not permit you to have a new-to-California 'assault weapon', unless you get a machinegun permit from CA DOJ.

The state defines them in the Penal Code partially (and stupidly) by name:

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.

Any of those that were in the state on 31 December 1989 are legal to own and use, but not transfer in-state.

The law also includes a 'features test' :

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

Again, weapons covered by this definition which were in-state on 31 December 1999 are legal to own and use, but not transfer in-state.

And now it includes, effective 1 January 2005, any weapon which fires the .50 BMG cartridge. So far as I know, all the semi-auto .50s were already 'assault weapons' by feature test (pistol grip).

Examples of what is OK to buy today : M1 Garand; SKS with fixed magazine; M1A with 10-round magazines (unless you owned the magazines prior to 1 January 2000); Ruger Mini-30 and Mini-14; M1 Carbine (with 10-round magazines). Remember, no folding stocks...

Some oddities are around - single-shot AR types, break-open AR types, some Stoner variants (Robinson), some FAL variants, some build-it-yourself things.

 

[stv]

Don't forget the Kel-Tec SU-16.

 

[glocksman]

The Yugo M59/66 SKS's have to have the Grenade Launcher spigot removed in order to be California legal.

 

[DRZinn]

That's to stop all those gang-bangers from killing people with grenades so often.

 

[R.H. Lee]

It must have worked. Drive by grenadings are almost unheard of here.

 

[DRZinn]

Just like the AWB stopped all those drive-by bayonettings!

 

[Das Pferd]

Don't forget the Kel-Tec SU-16.

Mad Man,

STV is saying that the SU-16 is legal in Ca right now.

I think the easiest way to look at it is anything with a pistol grip and a detachable magazine is illegal.

 

[alan]

Mad Man:

You weren't thinking about moving to California, were ypou?

 

[Hand_Rifle_Guy]

Reference threads...

Choices in this stupid state are really limited. However, we do have a lot of good discussion about various aspects of the situation, and some good threads about specific guns.

Best commercial auto-loader?

Levergun vs. Reminton vs. BAR.

Best American Auto? This thread has a list like this one at the end.

$500 best buy auto?

Hope this helps. Get a BAR if you can afford one.