California’s Ban on Assault Weapons & Rifles

Penal Code 12280 PC

California Penal Code 12280 PC places a ban on manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG (Browning Machine Gun) rifles, absent very specific circumstances.¹

If you've been accused of violating this law, we invite you to call us for a free consultation.

As former cops and prosecutors, we have great expertise when it comes to understanding California gun laws. We may be able to keep you out of jail, and keep your record clean.

Below, our California criminal defense attorneys² will explain the following:

1) Legal Definition of California's Ban
    on Assault Weapons & Rifles

2) Legal Defenses

3) People and Weapons Exempt
    from Prosecution

4) Penalties

5) Related Offenses

You may also find helpful information in our related articles on California Firearm Offenses; Penal Code 12020 PC Manufacturing, Selling, and/or Possessing Dangerous Weapons; Penal Code 12025 PC Carrying a Concealed Weapon; Penal Code 12050 PC Concealed Weapons Permits; California Open Carry Laws; Penal Code 12022 Personal Use of a Firearm Sentencing Enhancement; California Legal Defenses; Entrapment as a Legal Defense; Restoring Your California Firearms’ Rights; Penal Code 12021 PC Felon with a Firearm; Penal Code 12031 PC Carrying a Loaded Firearm in a Public Place; Penal Code 417 PC Brandishing a Weapon; Penal Code 245(a)(2) Assault with a Firearm; Penal Code 12070 Unlicensed Sale of Firearms; and Penal Code 487(d)(2) PC Grand Theft Firearm.

1) Legal Definition of California's Ban
    on Assault Weapons & Rifles

In order to prove that you are guilty of manufacturing, selling, and/or possessing an assault weapon or rifle, the prosecutor must prove the following facts (otherwise known as the legal definition of the assault weapon ban):

1) that you

• manufactured,



• distributed,



• transported,



• imported,



• sold/gave/lent, and/or,



• possessed

an assault weapon or .50 BMG rifle,

2) that you knowingly did so, and

3) that you knew or reasonably should have known that the weapon had the characteristics that made the weapon an assault weapon or .50 BMG rifle.³

Let’s take a look at some of these words and phrases to gain a better understanding of their legal definitions.

Possession

The terms "manufacturing, transporting, selling, lending, etc." require little explanation. But the term "possessing" does. California law essentially defines "possession" as control. There are two types of possession: actual possession and constructive possession.⁴

"Actual possession" means that you have direct, physical control over the weapon.

Example: You are holding an AK47 assault rifle.

"Constructive possession" means that you have access to the firearm or the right to control it.

Example: Even while you are out, you have constructive possession of the AK47 that you own and keep in your closet.

This means that even if you don’t physically have the assault weapon or rifle on your person…but you have solitary control over it (or even jointly share that control with another person), prosecutors can charge you with possessing the firearm.

Assault Weapon

Although there is no set definition of an assault weapon, the California Attorney General has described them as, "highly dangerous offensive weapons which are unambiguously hazardous…they are of the same type that soldiers typically use when fighting in a war."⁵

Penal Code 12276 PC lists over 50 types of rifles, pistols, and shotguns that are all classified as assault weapons.

Examples: Some examples include (but are not limited to):

• all AK series rifles,



• Uzis, and



• the Striker 12 shotgun.⁶

Penal Code 12276.1 PC lists an additional dozen or so of other semiautomatic centerfire rifles that are also considered assault weapons. These include (but are not limited to):

• semiautomatic, centerfire rifles that have a fixed magazine that have the capacity to accept more than 10 rounds,



• semiautomatic, centerfire rifles that have an overall length of less than 30 inches, and



• any shotgun with a revolving cylinder.⁷

Excluded from the definition of assault weapons are

• antique firearms ("antique" firearms are firearms that were manufactured prior to January 1, 1899), and



• about 18 pistols that are designed expressly for use in Olympic target shooting events.⁸

.50 BMG rifle (Browning Machine Gun)

A .50 BMG rifle is not an assault weapon or, despite its name, a machinegun. It is a center fire rifle that can fire a .50 BMG cartridge, which is a cartridge that is designed and intended to be fired from a center fire rifle and that has all three of the following characteristics:

1. the overall length is 5.54 inches from the base of the cartridge to the tip of the bullet,



2. the bullet diameter for the cartridge is from .510 to, and including, .511 inch, and



3. the case base diameter for the cartridge is from .800 inches to, and including, .804 inches.⁹

Knowingly

A conviction under Penal Code 12280 PC, California’s law against the "unlawful manufacturing, selling, lending, and/or possessing of assault weapons or .50 BMG rifles" requires that you knowingly engage in such conduct.

It therefore follows that if you are unaware that the instrument is an assault weapon or .50 BMG assault rifle…

• perhaps because you thought it was "fake" and incapable of inflicting harm, or



• perhaps because you thought it was an otherwise lawful firearm, or



• you were unaware that you engaged in one of the above mentioned transactions (perhaps someone borrowed your lawfully permitted assault weapon without your knowledge)…

then you aren’t guilty of this offense.

You "knew or reasonably should have known that the weapon had the characteristics that made the weapon an assault weapon"

This knowledge will generally be presumed if the assault weapon that you manufacture, sell, or possess displays its manufacturer’s make / model number. If these marks are clearly identifiable, then it is your legal duty to inquire as to whether it is one of the assault weapons listed under Penal Code sections 12276 or 12276.1 PC.

This means that if you (1) have a sufficient opportunity to examine the weapon, and (2) can identify the markings, the failure to determine whether the weapon is, in fact, an illegal assault weapon, will weigh against you.

Courts have held that this rule satisfies the "should have known" mental element required for prosecution under this law. However, if your possession of the weapon was

• for a very brief period,



• the markings on the weapon were extraordinarily obscure, or



• the weapon resembled an otherwise legal firearm and you couldn’t tell just by looking at it that it was an assault weapon,

you may successfully be able to claim that you didn’t know and had no reason to know that the weapon was an illegal.¹⁰

Penal Code 12020 PC Distinguished

Penal Code 12280 PC is a separate and distinct offense from Penal Code 12020 PC, California’s law against manufacturing, selling, and/or possessing dangerous weapons. Penal Code 12280 PC deals exclusively with assault weapons and .50 BMG rifles. Penal Code 12020 PC deals with a variety of other firearms as well as other "deadly weapons" such as nun chucks, "brass knuckles" and dirks and daggers.¹¹

2) Legal Defenses

Fortunately, there are a number of California legal defenses that are applicable to Penal Code 12280 PC that an experienced criminal defense lawyer can present on your behalf. The following are some examples.

The weapon was discovered during an illegal search and seizure

Weapons charges frequently stem from police investigations that oftentimes have little or nothing to do with firearms. The cops could discover your assault weapon while searching your home for drugs, while searching your car after a DUI, or while searching your person following an arrest for Penal Code 459 PC burglary.¹²

Regardless of the circumstances that led the cops to discover your weapon, they can only legally arrest, or seize your property, if they have

• probable cause to detain you (that is, a reasonable belief that you are or were engaged in criminal activity),



• a valid California search warrant authorizing them to search your person/property (the scope of which they strictly adhere to), OR



• your voluntary consent to conduct a search of your person/property.

And as Santa Ana criminal defense attorney Zachary McCready explains¹³, "If law enforcement fails to adhere to any one of these steps, your California criminal defense lawyer will argue that the assault weapon was discovered and confiscated during an illegal search and seizure in violation of your Fourth Amendment constitutional rights."¹⁴

And when you can convince the prosecutor and/or judge that this is the case, it is very likely that the court will dismiss your Penal Code 12280 PC charges.

Entrapment

Entrapment serves as a valid legal defense when you can prove that you violated the law only because the police persuaded, lured, or coerced you into doing so.

Example: An angry undercover cop enters your gun shop looking to buy an Uzi. You are very clear that you don’t sell them because they’re illegal. He asks if you can get one for him from another supplier, and you repeat that they’re illegal and tell him that you can’t.

The undercover continues to ask you repeatedly, and offers you more and more money to obtain the weapon for him. He even tells you he's a website designer, and offer to build you an elaborate website if you help him out.

Given these circumstances, you could argue that you were entrapped into violating Penal Code 12280 PC and should therefore be absolved of your criminal culpability.¹⁵

But…

Let’s instead say that a not so angry undercover cop enters your store and makes the same request. This time you tell him you don’t have the Uzi to sell him, but you can get it from someone else and that he should come back in a week.

Under these circumstances, an entrapment defense is unlikely. Although the cop was the one who initiated the discussion about the illegal weapon, you willingly agreed to supply him with one. Because you voluntarily agreed without being forced, coerced, or persuaded into doing so, this would not give rise to a proper entrapment defense.

Police misconduct

Along these same lines, if the police…for whatever reason…

• "plant" or "fabricate" evidence,



• discover your weapon in an illegal search (that is, without a valid California search warrant, without your consent, or outside the scope of a lawful arrest), or



• in any other way violate your civil rights…

then such police misconduct may override your alleged criminal acts, and your charges could be dismissed.

California’s "open carry" laws don't apply to assault weapons

California’s open carry laws generally allow you to carry an unloaded firearm in plain sight, so long as you are not in a prohibited area. "Prohibited areas" include government buildings, post offices, and school zones under California’s Gun Free School Zone Act.

However, these laws don’t apply to assault weapons or to .50 BMG rifles. As a result, open carry laws do not excuse possessing these weapons.

3) People and Weapons Exempt from Prosecution

In addition to the above legal defenses, there are a number of exceptions to Penal Code 12280 PC that are built directly into the statute’s language. If you can prove that you fall within one of these exceptions, your charges should be dismissed.

Some of these exceptions include (but are not limited to):

• transactions that involve law enforcement agencies,¹⁶



• situations where you lawfully possessed the assault weapon before it was classified as such,¹⁷



• persons who hold permits to possess assault weapons or .50 BMG rifles (NOTE: these permits are different from concealed weapons’ permits, authorized under Penal Code 12050 PC -- concealed weapons’ permits do not generally apply to assault weapons),¹⁸



• manufacturing or selling by those who hold permits to do so to others who hold permits authorizing them to possess these weapons,¹⁹



• executors or administers of estates holding such firearms,²⁰



• certain activities involving target shooting and/or law enforcement approved firearm exhibitions,²¹



• non-California residents who are travelling to/from an organized competitive match or league competition that involves the use of an assault weapon,²² and



• people who lawfully owned their .50 BMG rifles prior to January 1, 2005 during specific timeframes prior to May 1, 2006.²³

Even these exceptions have very specific conditions and requirements, which is why it is critical to consult with a California criminal defense attorney who thoroughly understands California’s gun laws.

Gun registration

It is important to understand that there is no current legal way for an individual other than a member of the U.S. military or a peace officer to acquire and register an assault weapon or .50 BMG rifle.

The deadline to register these types of weapons that are listed under Penal Code 12276 PC (known as the Roberti-Roos Assault Weapons Control Act of 1989) expired in 2001. Persons whose weapons are currently registered are still able to renew their registration on a yearly basis, however the government is no longer registering new weapons.

4) Penalties

Felony sentencing

If prosecutors convict you of manufacturing, distributing, transporting, selling, or lending assault weapons or .50 BMG rifles, you face a felony punishable by four, six, or eight years in the California State Prison for each illegal weapon involved in the transaction.²⁴

In addition, if you engage in any of these transactions with a minor (that is, a person under 18), you face an additional and consecutive one-year in prison.²⁵

"Wobbler" sentencing for possessing assault weapons

Possession of assault weapons is what’s known as a wobber. When an offense is a "wobbler" it means that prosecutors can choose to charge you with the crime as either a misdemeanor or a felony, depending on

1. the facts of the case, and



2. your criminal history.

If convicted of misdemeanor possession of an assault weapon, you face up to one year in a county jail and a maximum $1,000 fine. If convicted of felony possession of an assault weapon, you face 16 months, or two or three years in the state prison and a maximum $10,000 fine.²⁶

Infraction Sentencing

If you are convicted of your first 12280 PC offense for possessing no more than two previously registered assault weapons or .50 BMG rifles and

1. you lawfully possessed the assault weapon(s) prior to classification as an assault weapon or lawfully possessed the .50 BMG rifle prior to January 1, 2005,



2. you violated this law within one year of the end of the one-year registration period for the weapon(s), and



3. you relinquished your weapon(s) to law enforcement officers,

you face an infraction, subject to a maximum $500 fine.²⁷

Possession of a .50 BMG rifle

Possessing a .50 BMG rifle is a straight misdemeanor. A conviction subjects you to up to one year in a county jail and a maximum $1,000 fine.²⁸

Additional sentencing factors

If you violate Penal Code 12280 PC, California’s law against manufacturing, selling, and/or possessing assault weapons or .50 BMG rifles in connection with another offense, prosecutors have two options:

1. they can charge you with each crime separately, or



2. they can charge you with the assault weapon, the underlying offense, and charge you with a sentencing enhancement.

If prosecutors choose the second option, you face a one-year state prison sentence in addition and consecutive to the penalty you receive for the Penal Code 12280 PC conviction and to the underlying offense, including any other sentencing enhancements you receive for that conviction.²⁹

In addition, if you are accused of using the assault weapon or .50 BMG rifle, you face an additional and consecutive three to ten-year state prison sentence under Penal Code 12022 PC, California’s sentencing enhancement relating to the personal use of a firearm during the commission of a felony.³⁰

Loss of weapon(s)

In addition to all of the above penalties, a conviction for this offense may result in the loss of the weapon(s). If you are convicted of using or possessing an assault weapon or .50 BMG rifle, it will likely be destroyed.

In lieu of criminal prosecution, your California criminal defense attorney may be able to convince the prosecution to allow you to pay a civil fine and to simply forfeit your weapon(s).³¹

California firearm offenses and aliens

If you are a legal immigrant or legal alien, a firearms conviction could additionally lead to your deportation.³² For more information about how California’s firearm laws affect aliens, please visit our article on California crimes that lead to deportation.

Expunging your record

If you are granted probation in a misdemeanor or felony case, you may expunge your California criminal record once you successfully complete the probationary period. However, the judge can deny you an expungement if you suffer a probation violation or fail to adhere to all the terms and conditions of probation.³³

Bear in mind that while an expungement will help clear your criminal record, it will not restore your right to own or possess a firearm if you have been otherwise banned from doing so.³⁴

Your Right to Own/Possess Firearms

A misdemeanor conviction won’t by itself revoke your right to own or possess a firearm. But if you are convicted as a felony, you will be prohibited from purchasing, receiving, owning, or possessing a firearm for life.³⁵

If you are convicted of a felony under the "wobbler" subdivision of PC 12280…and you successfully have the felony reduced to a misdemeanor…your gun rights will be restored.

Otherwise, there is no other way to restore your California gun rights. Even a certificate of rehabilitation and/or a governor’s pardon does not restore firearm rights to someone who has been convicted of a felony that involves the use of a dangerous weapon…a definition that clearly includes assault weapons and .50 BMG rifles.³⁶

5) Related Offenses

There are a variety of additional California gun laws that relate to the assault weapon law. Some of these include (but are not limited to):

Penal Code 12025 PC, carrying a concealed weapon

Penal Code 12025 PC, California’s "carrying a concealed weapon" law prohibits carrying a "pistol, revolver, or other firearm capable of being concealed upon a person" either on your person or in a vehicle.³⁷

If you are accused of carrying a concealed assault weapon on your person or in your car, prosecutors may charge you with carrying a concealed weapon and possessing an assault weapon under Penal Code 12280 PC.

Penal Code 12031 PC, carrying a loaded weapon

Similarly, if you are accused of carrying a loaded assault weapon or a .50 BMG rifle, prosecutors may charge you with this, plus Penal Code 12031 PC, California’s law against carrying a loaded weapon.³⁸

Penal Code 417 PC, brandishing a weapon

Penal Code 417 PC, California’s "brandishing a weapon" law prohibits you from drawing, exhibiting, or using a weapon in a "rude, angry, or threatening manner".³⁹ This means that if you brandish an assault weapon, prosecutors may charge you with PC 12280 as well as brandishing a weapon under California Penal Code 417 PC.

Penal Code 245(a)(2), assault with a firearm

Penal Code 245(a)(2) PC is California’s "assault with a firearm" law. If prosecutors charge you with possessing an assault weapon and with assaulting another person with it, you face a four, eight, or twelve-year prison sentence under California’s assault with a firearm law.⁴⁰

Penal Code 12070 PC, the unlicensed sale of firearms

If you are accused of selling an assault weapon or .50 BMG rifle but do not have a license to sell legal firearms, prosecutors could opt to charge you under Penal Code 12070 PC, California’s law against the unlicensed sale of firearms in addition to 12028 PC.

Penal Code 12021 PC, felon with a firearm

If you are convicted as a felony, you will automatically be prohibited from owning, possessing, purchasing, or receiving a firearm under Penal Code 12021 PC, California’s "felon with a firearm" law.⁴¹ This law imposes a lifetime firearms ban on anyone who is convicted of a felony.

Penal Code 487(d)(2) PC, grand theft firearm

Penal Code 487(d)(2), PC, California’s law against "grand theft firearm" prohibits stealing firearms.⁴² If you steal an assault weapon, prosecutors will likely charge you with grand theft firearm (commonly referred to as GTF) and illegal possession of the weapon.

Call us for help…

For more information about California’s firearm and weapons laws, or to discuss your case confidentially with one of our attorneys, please don’t hesitate to contact us at Shouse Law Group.

Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada’s firearm and weapons laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.⁴³

Legal References:

¹California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years…(b) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment in the state prison… (c) Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, shall be punished by a fine of one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment.")

²Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

³Judicial Council Of California Criminal Jury Instruction (CALCRIM 2560) -- Manufacturing, selling, and/or possessing assault weapons. ("To prove that the defendant is guilty of this crime, the People must prove that: [1] The defendant (possessed/manufactured/caused to be manufactured/distributed/transported/imported/kept for sale/offered or exposed for sale/gave/lent) (an assault weapon, specifically [a/an] <insert type of weapon from Pen. Code, § 12276 or description from § 12276.1>/a .50 BMG rifle); [2] The defendant knew that (he/she) (possessed/manufactured/ caused to be manufactured/distributed/transported/ imported/kept for sale/offered or exposed for sale/gave/ lent) it; AND [3] The defendant knew or reasonably should have known that it had characteristics that made it (an assault weapon/a .50 BMG rifle).")

⁴CALCRIM 2560 -- Manufacturing, selling, and/or possessing assault weapons. (" [Two or more people may possess something at the same time.] [A person does not have to actually hold or touch something to possess it. It is enough if the person has (control over it/ [or] the right to control it), either personally or through another person.]")

⁵"The Attorney General maintains the weapons listed in section 12276 are ‘highly dangerous offensive weapons which are unambiguously hazardous. Assault weapons are typically used by soldiers in a war....

⁶California Penal Code 12276 PC -- Assault weapons.

⁷California Penal Code 12276.1 PC -- Assault weapons; further definition.

⁸See same.

⁹CALCRIM 2560 – Manufacturing, selling, and/or possessing assault weapons or .50 BMG rifles. [A .50 BMG rifle is a center fire rifle that can fire a .50 BMG cartridge [and that is not an assault weapon or a machine gun]. A .50 BMG cartridge is a cartridge that is designed and intended to be fired from a center fire rifle and that has all three of the following characteristics: 1 The overall length is 5.54 inches from the base of the cartridge to the tip of the bullet; 2 The bullet diameter for the cartridge is from .510 to, and including, .511 inch; AND 3 The case base diameter for the cartridge is from .800 inch to, and including, .804 inch.]

¹⁰In re Jorge M. (2000) 23 Cal.4th 866, 885. ("In most instances the fact a firearm is of a make and model listed in [Penal Code] section 12276 [defining California’s assault weapons], or added [as an assault weapon] pursuant to section 12276.5, can be expected to be sufficiently plain on examination of the weapon so that evidence of the markings, together with evidence the accused possessor had sufficient opportunity to examine the firearm, will satisfy a knew-or-should-have-known requirement…The exceptional cases in which the salient characteristics of the firearm are extraordinarily obscure, or the defendant's possession of the gun was so fleeting or attenuated as not to afford an opportunity for examination, would appear to be instances of largely innocent possession that, as discussed above, the Legislature presumably did not intend to be subject to felony punishment.")

¹¹California Penal Code 12020 PC -- California’s law against manufacturing, selling, and/or possessing dangerous weapons. This law prohibits manufacturing, selling, and/or possessing certain firearms, explosives, or other weapons absent very specific circumstances. Nunchaku (commonly referred to as "nunchucks"), "brass knuckles", short-barreled shotguns, dirks, and daggers are just a few of the types of dangerous weapons that are included in this law.

¹²The Shouse Law Firm has decades of experience representing clients accused of all California crimes. Whether the charge is DUI, Penal Code 459 PC burglary, or any other offense, we’re here to help.

¹³Santa Ana criminal defense lawyer Zachary McCready represents clients accused of violating Penal Code 12280 PC as well as all other California gun offenses throughout Orange County, including Newport Beach, Fullerton, Laguna Beach, Irvine, Santa Ana, Anaheim and Westminster.

¹⁴Your Fourth Amendment constitutional rights protect you from unreasonable searches and seizures. If an officer searches you, your car, your business, or your home without a valid California search warrant or probable cause to detain you, that officer may violate your Fourth Amendment rights.

¹⁵People v. West, (1956) 139 Cal.App.2d Supp. 923, 924. ("Entrapment is the conception and planning of an offense by an officer and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer. Persuasion or allurement must be used to entrap.")

¹⁶California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(e) Subdivisions (a), (b), and (c) shall not apply to the sale to, purchase by, importation of, or possession of assault weapons or a .50 BMG rifle by the Department of Justice, police departments, sheriffs' offices, marshals' offices, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, district attorneys' offices, Department of Fish and Game, Department of Parks and Recreation, or the military or naval forces of this state or of the United States, or any federal law enforcement agency for use in the discharge of their official duties. (f)(1) Subdivisions (b) and (c) shall not prohibit the possession or use of assault weapons or a .50 BMG rifle by sworn peace officer members of those agencies specified in subdivision (e) for law enforcement purposes, whether on or off duty. (2) Subdivisions (a), (b), and (c) shall not prohibit the delivery, transfer, or sale of an assault weapon or a .50 BMG rifle to, or the possession of an assault weapon or a .50 BMG rifle by, a sworn peace officer member of an agency specified in subdivision (e) if the peace officer is authorized by his or her employer to possess or receive the assault weapon or the .50 BMG rifle. Required authorization is defined as verifiable written certification from the head of the agency, identifying the recipient or possessor of the assault weapon as a peace officer and authorizing him or her to receive or possess the specific assault weapon. For this exemption to apply, in the case of a peace officer who possesses or receives the assault weapon prior to January 1, 2002, the officer shall register the assault weapon pursuant to Section 12285 on or before April 1, 2002, and in the case of a peace officer who possesses or receives the assault weapon on or after January 1, 2002, the officer shall register the assault weapon pursuant to Section 12285 not later than 90 days after possession or receipt. In the case of a peace officer who possesses or receives a .50 BMG rifle on or before January 1, 2005, the officer shall register the .50 BMG rifle on or before April 30, 2006. In the case of a peace officer who possesses or receives a .50 BMG rifle after January 1, 2005, the officer shall register the .50 BMG rifle not later than one year after possession or receipt. The peace officer must include with the registration, a copy of the authorization required pursuant to this paragraph. (3) Nothing in this section shall be construed to limit or prohibit the delivery, transfer, or sale of an assault weapon or a .50 BMG rifle to, or the possession of an assault weapon or a .50 BMG rifle by, a member of a federal law enforcement agency provided that person is authorized by the employing agency to possess the assault weapon or .50 BMG rifle.")

¹⁷California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(g) Subdivision (b) shall not apply to the possession of an assault weapon during the 90-day period immediately after the date it was specified as an assault weapon pursuant to Section 12276.5, or during the one-year period after the date it was defined as an assault weapon pursuant to Section 12276.1, if all of the following are applicable: (1) The person is eligible under this chapter to register the particular assault weapon. (2) The person lawfully possessed the particular assault weapon prior to the date it was specified as an assault weapon pursuant to Section 12276.5, or prior to the date it was defined as an assault weapon pursuant to Section 12276.1. (3) The person is otherwise in compliance with this chapter.")

¹⁸California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(n) Subdivisions (b) and (c) shall not apply to any of the following persons: (1) A person acting in accordance with Section 12286 or 12287. (2) A person who has a permit to possess an assault weapon or a .50 BMG rifle issued pursuant to Section 12286 or 12287 when he or she is acting in accordance with Section 12285, 12286, or 12287. (o) Subdivisions (a), (b), and (c) shall not apply to any of the following persons: (1) A person acting in accordance with Section 12285. (2) A person acting in accordance with Section 12286, 12287, or 12290. (p) Subdivisions (b) and (c) shall not apply to the registered owner of an assault weapon or a .50 BMG rifle possessing that firearm in accordance with subdivision (c) of Section 12285. (q) Subdivision (a) shall not apply to the importation into this state of an assault weapon or a .50 BMG rifle by the registered owner of that assault weapon or a .50 BMG rifle if it is in accordance with the provisions of subdivision (c) of Section 12285…(t) Subdivisions (a), (b), and (c) shall not apply to the sale of assault weapons or .50 BMG rifles by persons who are issued permits pursuant to Section 12287 to any of the following: (1) Exempt entities listed in subdivision (e). (2) Entities and persons who have been issued permits pursuant to Section 12286 or 12287. (3) Federal military and law enforcement agencies. (4) Law enforcement and military agencies of other states. (5) Foreign governments and agencies approved by the United States State Department. (6) Officers described in subdivision (f) who are authorized to possess assault weapons or .50 BMG rifles pursuant to subdivision (f).")

Concealed weapons’ permits, authorized under Penal Code 12050 PC, do not apply to assault weapons which are considered per se illegal unless you fall within one of the exceptions listed under Penal Code 12280 PC.

¹⁹California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(h) Subdivisions (a), (b), and (c) shall not apply to the manufacture by persons who are issued permits pursuant to Section 12287 of assault weapons or .50 BMG rifles for sale to the following: (1) Exempt entities listed in subdivision (e). (2) Entities and persons who have been issued permits pursuant to Section 12286 or 12287. (3) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in paragraphs (4) to (6), inclusive. (4) Federal military and law enforcement agencies. (5) Law enforcement and military agencies of other states. (6) Foreign governments and agencies approved by the United States State Department.")

²⁰California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(i) Subdivision (a) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Section 12285 or that was possessed pursuant to paragraph (1) of subdivision (f) that is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter. (j) Subdivisions (b) and (c) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Section 12285 or that was possessed pursuant to paragraph (1) of subdivision (f) if the assault weapon or .50 BMG rifle is possessed at a place set forth in paragraph (1) of subdivision (c) of Section 12285 or as authorized by the probate court.")

²¹California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(k) Subdivision (a) shall not apply to either of the following: (1) A person who lawfully possesses and has registered an assault weapon or .50 BMG rifle pursuant to this chapter who lends that assault weapon or .50 BMG rifle to another if all the following apply: (A) The person to whom the assault weapon or .50 BMG rifle is lent is 18 years of age or over and is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (B) The person to whom the assault weapon or .50 BMG rifle is lent remains in the presence of the registered possessor of the assault weapon or .50 BMG rifle. (C) The assault weapon or .50 BMG rifle is possessed at any of the following locations: (i) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range. (ii) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets. (iii) While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms. (2) The return of an assault weapon or .50 BMG rifle to the registered possessor, or the lawful possessor, which is lent by the same pursuant to paragraph (1). (l) Subdivisions (b) and (c) shall not apply to the possession of an assault weapon or .50 BMG rifle by a person to whom an assault weapon or .50 BMG rifle is lent pursuant to subdivision (k).")

²²California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(m) Subdivisions (a), (b), and (c) shall not apply to the possession and importation of an assault weapon or a .50 BMG rifle into this state by a nonresident if all of the following conditions are met: (1) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon or a .50 BMG rifle. (2) The competition or match is conducted on the premises of one of the following: (A) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range. (B) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets. (3) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms. (4) The assault weapon or .50 BMG rifle is transported in accordance with Section 12026.1 or 12026.2. (5) The person is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.")

²³California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(r) Subdivision (a) shall not apply during the first 180 days of the 2005 calendar year to the importation into this state of a .50 BMG rifle by a person who lawfully possessed that .50 BMG rifle in this state prior to January 1, 2005. (s) Subdivision (c) shall not apply to the possession of a .50 BMG rifle that is not defined or specified as an assault weapon pursuant to this chapter, by any person prior to May 1, 2006, if all of the following are applicable: (1) The person is eligible under this chapter to register that .50 BMG rifle. (2) The person lawfully possessed the .50 BMG rifle prior to January 1, 2005. (3) The person is otherwise in compliance with this chapter.")

²⁴California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years….(3) Except in the case of a first violation involving not more than two firearms as provided in subdivisions (b) and (c), for purposes of this section, if more than one assault weapon or .50 BMG rifle is involved in any violation of this section, there shall be a distinct and separate offense for each.")

²⁵California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(2) In addition and consecutive to the punishment imposed under paragraph (1), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of paragraph (1) shall receive an enhancement of one year.")

²⁶California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(b) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment in the state prison.

See also Penal Code 18 PC -- Punishment for felony not otherwise prescribed; alternate sentence to county jail. ("Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by imprisonment in any of the state prisons for 16 months, or two or three years; provided, however, every offense which is prescribed by any law of the state to be a felony punishable by imprisonment in any of the state prisons or by a fine, but without an alternate sentence to the county jail, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.")

See also California Penal Code 672 PC -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")

²⁷California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(b) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment in the state prison. However, a first violation of these provisions is punishable by a fine not exceeding five hundred dollars ($500) if the person was found in possession of no more than two firearms in compliance with subdivision (c) of Section 12285 and the person meets all of the following conditions: (1) The person proves that he or she lawfully possessed the assault weapon prior to the date it was defined as an assault weapon pursuant to Section 12276, 12276.1, or 12276.5. (2) The person has not previously been convicted of a violation of this section. (3) The person was found to be in possession of the assault weapon within one year following the end of the one-year registration period established pursuant to subdivision (a) of Section 12285. (4) The person relinquished the firearm pursuant to Section 12288, in which case the assault weapon shall be destroyed pursuant to Section 12028. (c) Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, shall be punished by a fine of one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment. However, a first violation of these provisions is punishable by a fine not exceeding five hundred dollars ($500) if the person was found in possession of no more than two firearms in compliance with subdivision (a) of Section 12285 and the person meets the conditions set forth in paragraphs (1), (2), and (3): (1) The person proves that he or she lawfully possessed the .50 BMG rifle prior to January 1, 2005. (2) The person has not previously been convicted of a violation of this section. (3) The person was found to be in possession of the .50 BMG rifle within one year following the end of the .50 BMG rifle registration period established pursuant to subdivision (a) of Section 12285. (4) Firearms seized pursuant to this subdivision from persons who meet all of the conditions set forth in paragraphs (1), (2), and (3) shall be returned unless the court finds in the interest of public safety, after notice and hearing, that the .50 BMG rifle should be destroyed pursuant to Section 12028. Firearms seized from persons who do not meet the conditions set forth in paragraphs (1), (2), and (3) shall be destroyed pursuant to Section 12028.")

²⁸California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. (" (c) Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, shall be punished by a fine of one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment.")

²⁹California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(d) Notwithstanding Section 654 or any other provision of law, any person who commits another crime while violating this section may receive an additional, consecutive punishment of one year for violating this section in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime.")

See also CALCRIM 2561 -- Manufacturing, selling, and/or possessing assault weapons while committing another offense. ("Give this instruction if the defendant is charged with a separate count for violating Penal Code section 12280 and an enhancement for violating Penal Code section 12280 while committing another crime. (Pen. Code, § 12280(d); People v. Jimenez, supra, 8 Cal.App.4th at p. 398.) This instruction must be given with CALCRIM No. 2560, Possession, etc., of Assault Weapon or .50 BMG Rifle, and the appropriate instruction defining the elements of the other offense charged.")

³⁰Penal Code 12022.5 -- Personal use of an assault weapon or .50 BMG rifle during the commission of a felony. ("(a) Except as provided in subdivision (b), any person who personally uses a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years, unless use of a firearm is an element of that offense. (b) Notwithstanding subdivision (a), any person who personally uses an assault weapon, as specified in Section 12276 or Section 12276.1, or a machinegun, as defined in Section 12200, in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years.")

³¹California Penal Code 12282 PC -- Possession of assault weapon or .50 BMG rifle; public nuisance; civil action and penalty; disposal of weapon. ("(a) Except as provided in Section 12280, possession of any assault weapon, as defined in Section 12276, 12276.1, or 12276.5, or of any .50 BMG rifle, as defined in Section 12278, in violation of this chapter is a public nuisance, solely for purposes of this section and subdivision (d) of Section 12028. The Attorney General, any district attorney, or any city attorney, may, in lieu of criminal prosecution, bring a civil action or reach a civil compromise in any superior court to enjoin the possession of the assault weapon or .50 BMG rifle that is a public nuisance. (b) Upon motion of the Attorney General, district attorney, or city attorney, a superior court may impose a civil fine not to exceed three hundred dollars ($300) for the first assault weapon or .50 BMG rifle deemed a public nuisance pursuant to subdivision (a) and up to one hundred dollars ($100) for each additional assault weapon or .50 BMG rifle deemed a public nuisance pursuant to subdivision (a). (c) Any assault weapon or .50 BMG rifle deemed a public nuisance under subdivision (a) shall be destroyed in a manner so that it may no longer be used, except upon a finding by a court, or a declaration from the Department of Justice, district attorney, or city attorney stating that the preservation of the assault weapon or .50 BMG rifle is in the interest of justice. (d) Upon conviction of any misdemeanor or felony involving the illegal possession or use of an assault weapon, the assault weapon shall be deemed a public nuisance and disposed of pursuant to subdivision (d) of Section 12028.")

³²8 U.S. Code Section 1227 -- Deportable aliens. ("(a) Classes of deportable aliens. Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens…(2) Criminal offenses…(C) Certain firearm offenses -- Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.") Because Penal Code 12280 PC involves selling and possessing assault weapons and/or .50 BMG rifles, it is a California crime that may lead to deportation.

³³California Penal Code 1203.4 PC -- Change of plea. This section outlines the procedures by which a defendant can expunge his California Penal Code 12280 PC "manufacturing, possessing, and/or selling assault weapons or .50 BMG rifles" conviction from his criminal record.

³⁴California Penal Code 1203.4 PC -- Change of plea. ("Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 12021.")

³⁵California Penal Code 12021 -- Unlawful possession of a firearm. ("(a)(1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.")

³⁶California Penal Code 4852.17 PC -- ("Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the [California governor’s] pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored [by a governor’s pardon], and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon [which includes the weapons listed under Penal Code 12280 PC, California’s law against manufacturing, selling, and/or possessing assault weapons and/or .50 BMG rifles].")

See also California Penal Code 4854 PC -- Firearms; restoration of rights; exceptions. ("In the granting of a pardon to a person, the Governor may provide that the person is entitled to exercise the right to own, possess and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon [which includes the weapons listed under Penal Code 12280 PC, California’s law against manufacturing, selling, and/or possessing assault weapons or .50 BMG rifles].")

³⁷California Penal Code 12025 PC -- Carrying a concealed weapon. ("(a) A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person. (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.")

³⁸California Penal Code 12031 PC -- Carrying a loaded weapon. ("(a)(1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.")

³⁹California Penal Code 417 PC -- Brandishing a weapon. ("(a)(1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.") If you violate this law with an assault weapon or .50 BMG rifle prohibited under Penal Code 12280 PC, prosecutors could charge you with this offense and possessing an assault weapon or .50 BMG rifle in violation of Penal Code 12280 PC.

⁴⁰California Penal Code 245(a)(3) PC -- Assault with a firearm. ("(3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 12200, or an assault weapon, as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as defined in Section 12278, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.")

⁴¹See endnote 33, above.

⁴²California Penal Code 487(d)(2) PC -- Grand theft firearm. ("Grand theft is theft committed in any of the following cases:...(d) When the property taken is any of the following…(2) A firearm.")

⁴³Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions relating to Nevada’s firearm and weapons laws. Their Nevada law offices are located in Reno and Las Vegas.

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