AR-15s in California

A California-legal AR-15 clone (FAR-15) with a 10-round magazine. Other notable features include pinned and welded muzzle brake, forward assist, "Bullet Button", collapsible stock, and Aimpoint CompM4 (sight optic) mounted on the top rail.

The Roberti-Roos Assault Weapons Act of 1989 banned Colt AR-15 rifles by name in the State of California. California's 2000 Assault Weapons ban went further and banned AR-15s made by other manufacturers by name such as Bushmaster, PWA, and Olympic Arms.[1] After the expiration of the Federal Assault Weapons Ban there was a renewed interest in the AR-15 rifle and AR-15 styled rifles.

The term "AR-15" is used loosely and broadly by the non-shooting public to refer to any rifle that represents a semi-automatic (one bullet shot per pull of the trigger) version of the military full automatic (more than one round shot per pull of the trigger) version known as the M16. The M16 is a cosmetically similar military rifle to the AR-15 used worldwide by law enforcement and militaries and in the USA is strictly controlled by the National Firearms Act enforced federally by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. These following descriptions only adhere to the civilian legal semi-automatic versions in California which are under the purview and additional restrictions of California firearms law. Enforcement of California firearms laws are administered by the California Department of Justice (DOJ) as they incur no federal triggers for firearms violations. There are three legal ways to own an AR-15/AR-15-type rifle in California:

Off-List lower receivers

Most AR-15 manufacturers now make lower receivers which qualify as "Off-List" Lower (OLL) receivers which are legal to possess and use in the state of California. With regard to high capacity magazine devices, after January 1, 2000, it is illegal to offer for sale, import, manufacture, give, or lend (although it is legal to possess and use) any detachable box magazine with a capacity exceeding 10 cartridges.[3] Individuals possessing such magazines at a lawful location such as a gun range may only allow use of their lawfully owned high-capacity magazines by another if they are in the immediate vicinity of the person using such items. All magazines acquired after (and including) January 1, 2000 must be limited to 10 rounds or be in felony possession of an illegal high-capacity magazine.[4]

References

  1. http://ag.ca.gov/firearms/forms/pdf/awguide.pdf
  2. Sworn testimony of Frank Navarro, California DOJ Bureau of Firearms Special Agent, in the case of People vs. Haack and Haack, California County of Tulare Superior Court, November 3, 2010.
  3. California Penal Code § 32310.
  4. http://ag.ca.gov/firearms/regagunfaqs.php