CA AK question

[ROCKILLER]

I was reading through looking for something else and I came across the definitions of assault rifles for CA.

Just wondering how we are supposed to be getting around the bolded section, even with a mag lock and otherwise compliant rifle?

CA Penal Code Section 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.
(f) This section is declaratory of existing law, as amended, and a
clarification of the law and the Legislature's intent which bans the
weapons enumerated in this section, the weapons included in the list
promulgated by the Attorney General pursuant to Section 12276.5, and
any other models which are only variations of those weapons with
minor differences, regardless of the manufacturer. The Legislature
has defined assault weapons as the types, series, and models listed
in this section because it was the most effective way to identify and
restrict a specific class of semiautomatic weapons.

[Kendo]

The section you have quoted there is merely for DEFINING what an 'assault' rifle is. What does the rest of the penal code in that area say - as in, what is it used for??

Matter of fact, look at #5 - Colt AR-15 series. There are THOUSANDS of AR-15's in CA, are those all illegal too??

[Kendo]

You need to read more, the section prior states -

(a) The Legislature hereby finds and declares that the
proliferation and use of assault weapons poses a threat to the
health, safety, and security of all citizens of this state. The
Legislature has restricted the assault weapons specified in Section
12276 based upon finding that each firearm has such a high rate of
fire and capacity for firepower that its function as a legitimate
sports or recreational firearm is substantially outweighed by the
danger that it can be used to kill and injure human beings. It is
the intent of the Legislature in enacting this chapter to place
restrictions on the use of assault weapons and to establish a
registration and permit procedure for their lawful sale and
possession. It is not, however, the intent of the Legislature by
this chapter to place restrictions on the use of those weapons which
are primarily designed and intended for hunting, target practice, or
other legitimate sports or recreational activities.


So basically, as long as you legally possess what is defined as an 'assault' weapon and it is 'registered' they are allowing ownership. At least the way I read it.

[ROCKILLER]

Well, theats why we have off-list lowers. You can't buy a Colt lower, you can buy a CMMG, Stag, etc.

And no one registers AKs that they build at home from kits.

Am I missing something here?

[Jason R]

Rifles are not "registered" in any way, shape, or form in California.

[Gozuki]

Series or type can't be named. Specific make and models can.

[Kendo]

Originally Posted by Jason R

Rifles are not "registered" in any way, shape, or form in California.

Banned assault rifles are - or they're supposed to be.

And what I meant when I said 'registered' was that a DROS is run on them.

As far as home built guns, as long as they don't violate the general definition rules (10 round mag, etc) they are perfectly legal. At least that's been the generally accepted rule.

I'm just talking out my ass though, these are just things I have heard, read or interpreted. If you're concerned, perhaps consult an attorney?

[Keith Strong]

I dont own any AK's. I do, however, have a couple NDS-3 Nodak Spuds.

[ROCKILLER]

Originally Posted by Gozuki

Series or type can't be named. Specific make and models can.

Says who? I'm not being an ass, I just want to be as informed as possible.

[909K5]

Originally Posted by ROCKILLER

Says who? I'm not being an ass, I just want to be as informed as possible.

The State Court of California.