California Assault Weapons Ban Code: Features and Penalties

California’s assault weapons ban prohibits a long list of firearms identified by name in Penal Code 30510, plus any semiautomatic rifle, pistol, or shotgun that meets a “feature test” under Penal Code 30515. The law also separately bans .50 BMG rifles and magazines holding more than 10 rounds. Unlawful possession can be charged as a misdemeanor or a felony carrying up to three years in county jail, and manufacturing or selling a banned weapon is a straight felony punishable by four, six, or eight years in prison.

What Counts as an Assault Weapon in California

The ban works on two tracks. The first is a named list in Penal Code 30510 covering specific makes and models: all rifles in the AK series (including Norinco, Poly Technologies, and MAADI versions), the entire Colt AR-15 series, the UZI, the Galil, the Beretta AR-70, the Steyr AUG, and dozens of others. Named pistols include the UZI pistol, the Intratec TEC-9, and MAC-type pistols. Named shotguns include the Franchi SPAS 12, Striker 12, and Streetsweeper. The statute treats these as “series,” so cosmetic variations and functionally identical copies from other manufacturers are also covered.1California Legislative Information. California Penal Code 30510

The second track is the feature test in Penal Code 30515. Because manufacturers can always design new models that avoid the named list, California also classifies firearms as assault weapons based on their physical features. A firearm built last week with no appearance on any government list can still be banned if it matches the characteristics below.

The Feature Test by Firearm Type

Semiautomatic Centerfire Rifles

A semiautomatic centerfire rifle is an assault weapon if it lacks a fixed magazine and has any one of these features:2California Legislative Information. California Penal Code 30515

  • A pistol grip that protrudes conspicuously beneath the action
  • A thumbhole stock
  • A folding or telescoping stock
  • A grenade or flare launcher
  • A flash suppressor
  • A forward pistol grip

A centerfire rifle also triggers the ban if it has a fixed magazine that holds more than 10 rounds, or if its overall length is under 30 inches.2California Legislative Information. California Penal Code 30515

Semiautomatic Pistols

A semiautomatic pistol without a fixed magazine qualifies if it has a threaded barrel capable of accepting a flash suppressor or silencer, a second handgrip, a barrel shroud that lets the shooter fire without burning their hand (a standard slide doesn’t count), or the ability to accept a detachable magazine outside the pistol grip. A fixed-magazine pistol holding more than 10 rounds is also banned.2California Legislative Information. California Penal Code 30515

Semiautomatic Shotguns

Semiautomatic shotguns fall under the ban in three situations: the shotgun has both a folding or telescoping stock and a pistol grip, thumbhole stock, or vertical handgrip; the shotgun lacks a fixed magazine and accepts detachable magazines; or the shotgun has a revolving cylinder.2California Legislative Information. California Penal Code 30515

Other Semiautomatic Centerfire Firearms

A catch-all category covers semiautomatic centerfire weapons that don’t fit cleanly into the rifle, pistol, or shotgun classifications. These are assault weapons if they lack a fixed magazine and have a pistol grip, thumbhole stock, folding stock, flash suppressor, forward pistol grip, threaded barrel, second handgrip, or barrel shroud. Fixed-magazine versions holding more than 10 rounds, or weapons under 30 inches overall, are also banned.2California Legislative Information. California Penal Code 30515

.50 BMG Rifles and Large-Capacity Magazines

California separately bans .50 BMG rifles, defined as any centerfire rifle capable of firing a .50 BMG cartridge that isn’t already an assault weapon or machine gun. Antique firearms and recognized curios or relics are excluded. Registration, possession rules, and the manufacturing and distribution penalties for .50 BMG rifles largely mirror those for assault weapons.3California Legislative Information. California Penal Code 305304California Legislative Information. California Penal Code 30600

Magazines holding more than 10 rounds are also prohibited. Possession is an infraction with a $100 fine per magazine or a misdemeanor carrying up to one year in county jail along with the same per-magazine fine. Manufacturing, importing, or selling large-capacity magazines can be punished by up to a year in county jail or as a felony under Penal Code 1170(h).5California Legislative Information. California Penal Code 32310 The magazine ban interacts directly with the feature test: whether a rifle or pistol has a “fixed magazine” or can accept a detachable magazine over 10 rounds is often what decides whether it’s an assault weapon in the first place.

Can You Still Register an Assault Weapon?

When California expanded the ban over the years, owners who already possessed newly classified firearms were given a window to register them with the Department of Justice. The most recent major deadline was June 30, 2018, for firearms with “bullet-button” magazine releases that became assault weapons under the definitions taking effect January 1, 2017.6State of California – Department of Justice – Office of the Attorney General. Bullet-Button Assault-Weapon Registration Information

A federal court later reopened registration for 90 days, from January 13 through April 12, 2022, but only for people who could verify under penalty of perjury that they had tried to register before the original deadline and were blocked by technical difficulties.6State of California – Department of Justice – Office of the Attorney General. Bullet-Button Assault-Weapon Registration Information Both windows have closed. There is no current legal path to register, and possessing an unregistered assault weapon is a criminal offense.

What Registered Owners Can and Can’t Do

Registering a weapon doesn’t give you free use of it. A registered assault weapon or .50 BMG rifle can only be possessed on your residence, business, or other property you own, or on property belonging to someone else with their express permission; at licensed target ranges and shooting clubs; at firearm exhibitions sponsored or approved by law enforcement or a nationally recognized firearms organization; or on publicly owned land where the managing agency specifically allows that type of firearm.7California Legislative Information. California Penal Code 30945

Transporting the firearm between those places is permitted, but it must be unloaded and in a locked container that meets California’s transportation rules. You can also take it to a licensed dealer for servicing.7California Legislative Information. California Penal Code 30945

Registered assault weapons cannot be sold or transferred to another person inside California. The one exception is inheritance. If you inherit a registered assault weapon through a will or intestate succession, you have 90 days to make it permanently inoperable, sell it to a licensed dealer with a DOJ permit, obtain a DOJ permit yourself, or lawfully remove it from the state. For an inherited .50 BMG rifle, the deadline is 180 days.8State of California – Department of Justice – Office of the Attorney General. Frequently Asked Questions

Penalties for Possession, Manufacturing, and Sale

Possessing an unregistered assault weapon is a wobbler under Penal Code 30605. As a misdemeanor, the maximum is one year in county jail. As a felony, the sentence is 16 months, two years, or three years in county jail under Penal Code 1170(h).9California Legislative Information. California Penal Code 3060510California Legislative Information. California Penal Code 1170 The assault weapon statute doesn’t set a specific fine, so the court can impose up to $1,000 for a misdemeanor or up to $10,000 for a felony under Penal Code 672.11California Legislative Information. California Penal Code 672

A narrow reduced-penalty provision caps punishment at a $500 fine with no jail time if the person lawfully owned the weapon before it was classified as an assault weapon, has no prior conviction for the offense, was caught within one year after the registration period closed, possessed no more than two such firearms, and surrendered them for destruction. With years now past each registration deadline, this safety valve rarely applies.9California Legislative Information. California Penal Code 30605

Manufacturing, importing, selling, or giving away an assault weapon or .50 BMG rifle is a straight felony carrying four, six, or eight years in prison. Transferring either type of weapon to a minor adds a consecutive one-year enhancement. When a case involves more than two firearms, each weapon is a separate offense, so penalties stack quickly.4California Legislative Information. California Penal Code 30600

Who’s Exempt

The ban doesn’t apply to law enforcement agencies, the military, or certain state departments acting in their official capacity, including the Department of Justice, police and sheriffs, the California Highway Patrol, the Department of Corrections and Rehabilitation, district attorneys, Fish and Wildlife, Parks and Recreation, and federal law enforcement.12California Legislative Information. California Penal Code 30625 Private citizens share none of these exemptions. A concealed carry permit does not authorize possession of a banned assault weapon.