California Assault Weapon Ban

[SuckaBusta]

What is the name of your state? CA
FACT...According to Federal and State Law, it is legal to homebuild your own firearm if you are legally allowed to possess firearms, have no intent to sell it,
is for personal use only, and (in CA) will not result in the construction of an Assault Weapon....

CALIFORNIA PENAL CODE:
CHAPTER 2.3. ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989:
12276. As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms:
(a)...(5) Colt AR-15 series.....
(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.

The California State Supreme Court ruled on June 28, 2001 (Harrott vs
Kings County) that, basically, in order for a firearm to be considered a "series" AR-15, the Attorney General must specifically list it by make and model.....

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.
(d) The following definitions shall apply under this section:
(1) "Magazine" shall mean any ammunition feeding device.
(2) "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

I want to make a homemade, semiautomatic, centerfire rifle that is not a "Colt AR-15", is not a "series" AR-15 because it is not listed by the Attorney General by make and model, and that meets all the requirements of Penal Code 12276.1. It sure in the heck looks 100% like an AR-15, shoots 100% like an AR-15 and operates 100% like an AR-15, but it isnt one by these apparent laws and definitions.

Will I be violating any law if I build it?

 

[stephenk]

build it, show it to your local DA and then you will know.

 

[HomeGuru]

build it, show it to your local DA and then you will know.

**A: nah, build it and take it to your local BATF office and ask if they want to put in on ebay using their registration ID #.

 

[CdwJava]

I want to make a homemade, semiautomatic, centerfire rifle that is not a "Colt AR-15", is not a "series" AR-15 because it is not listed by the Attorney General by make and model, and that meets all the requirements of Penal Code 12276.1. It sure in the heck looks 100% like an AR-15, shoots 100% like an AR-15 and operates 100% like an AR-15, but it isnt one by these apparent laws and definitions.

Will I be violating any law if I build it?

If it has the elements listed in PC 12276.1 ... yes.

- Carl

 

[okamsrazor]

It is not actually illegal to own an AR-15 in California, just not one with the features mentioned. They actually make AR-15's for sale in California...they get around the detachable magazine by using a modified stripper clip.

This kit allows you to build a device using AR-15 parts although many companies offer already built ones.

http://www.fabten.com/

 

[SuckaBusta]

How does someone construct a prototype to see if it would be legal?
What if some A.H. wants to bust you for seeking clarification. Can you get immunity in a court of law for trying to determine legality of item?

 

[stephenk]

no you cant.

 

[pr0m37h3u5]

Ruger 10/22 LR

OK, so this is a little bit different question than originally posted, but what I am wondering is, I have a Ruger 10/22 LR Semi-Automatic rifle. This is NOT a centerfire rifle, it is a rimfire rifle. Does this mean that none of the bans listed in 12276.1 apply to me? Mainly, what i'm wondering is about flash suppressors. I really don't care about the flash suppression capabilities of a specific item, but the muzzle break that I am looking to purchase also claims to double as a flash suppressor.

So does anybody know if it is legal, under California law, to install a flash suppressor onto a NON-centerfire semiautomatic rifle?

Also, if that turns out to be legal, does that mean that the 10 round capacity limit on magazines also does not apply to NON-centerfire weapons? because logic would imply that to be so.

Thank you.

 

[CdwJava]

It would appear that a rimfire rifle that accepts or contains a flash suppressor is legal. However, the 10-round limit on magazines is for ALL firearms and NOT simply for "assault weapons". It does not effect tube-fed rimfire rifles.

To be certain, contact the CA DOJ Firearms Division:

http://ag.ca.gov/firearms/

- Carl

 

[pr0m37h3u5]

Thank you very much for the info. Hopefully you are correct, but I will take your advice and contact the DoJ just to be sure.