What is the definition of an “assault weapon” in California?

California’s definition of assault weapons includes specific models such as the AK and Colt AR-15 series in addition to guns with assaultive as opposed to defensive features, including semiautomatic centerfire rifles with the capacity for a detachable magazine and either a pistol grip that protrudes conspicuously beneath the action of the gun, a thumbhole stock, a folding or telescoping stock, a grenade or flare launcher, a flash suppressor, or a forward pistol grip.

Firearms that fall under the definition of assault weapons are generally illegal within the state. Possessing an assault weapon is a wobbler offense. Manufacturing, selling, or transporting an assault weapon is a felony.

How does California define an assault weapon?

California defines an assault weapon in 3 different ways:

1. by make and model,
2. by series, and
3. by certain generic characteristics.

Each method of defining an assault weapon is a Category.

A firearm is an assault weapon if it is identified as such by any of these Categories.¹

The breadth of these definitions makes state law in California one of the strictest for gun control. The definitions reach past machine guns and cover many semiautomatic firearms that are popular with gun owners, as well.

What is a Category 1 assault weapon?

Category 1 assault weapons are firearms that were named in the original Roberti-Roos Assault Weapons Control Act of 1989. This list is now found at California Penal Code section 30510(a) through (c). The list consists mainly of semiautomatic rifles, but also includes some shotguns and semiautomatic pistols.

The list of Category 1 assault weapons covers the following military-style rifles:

• all AK series models, including the following manufacturers and models:
  • Made in China:
    • AK,
    • AKM,
    • AKS,
    • AK47,
    • AK47S,
    • 56,
    • 56S,
    • 84S, and
    • 86S.
  • Norinco:
    • 56,
    • 56S,
    • 84S, and
    • 86S.
  • Poly Technologies:
    • AKS, and
    • AK47.
  • MAADI:
    • AK47, and
    • ARM.
• UZI,
• Galil,
• Beretta AR-70,
• CETME Sporter,
• Colt AR-15 series,
• Daewoo:
  • K-1,
  • K-2,
  • Max 1,
  • Max 2,
  • AR 100, and
  • AR 110C.
• Fabrique Nationale:
  • FAL,
  • LAR,
  • FNC,
  • 308 Match, and
  • Sporter.
• MAS 223,
• Heckler and Koch (HK):
  • 91,
  • 93,
  • 94, and
  • PSG-1.
• RPB Industries Inc.:
  • sM10, and
  • sM11.
• SWD Inc. M11,
• SKS with a detachable magazine,
• SIG:
  • AMT,
  • PE-57,
  • SG 550, and
  • SG 551.
• Springfield Armory:
  • BM59, and
  • SAR-48.
• Sterling MK-6,
• Steyer AUG,
• Valmet:
  • M62S,
  • M71S, and
  • M78S.
• Armalite AR-180,
• Bushmaster Assault Rifle,
• Calico M-900,
• J&R ENG M-68, and
• Weaver Arms Nighthawk.²

The following pistols are also in Category 1 in California:

• UZI,
• Encom:
  • MP-9, and
  • MP-45.
• RPB Industries Inc.:
  • sM10, and
  • sM11.
• SWD Inc. M11,
• Advance Armament Inc. M-11,
• Military Armament Corp. Ingram M-11,
• Intratec TEC-9,
• Sites Spectre,
• Sterling MK-7,
• Calico M-950, and
• Bushmaster Pistol.³

Finally, Category 1 firearms also include the following shotguns:

• Franchi:
  • SPAS 12, and
  • LAW 12.
• Striker 12, and
• Streetsweeper type S/S Inc. SS/12.⁴

What is a Category 2 assault weapon?

Category 2 assault weapons are firearms that are a part of an AR or AK “series.”

By manufacturer and model, AK series firearms that are Category 2 assault weapons are:

• American Arms:
  • AK-F 39,
  • AK-Y 39,
  • AK-C 47, and
  • AK-F 47.
• Arsenal:
  • SLR, and
  • SLG.
• B-West AK-47
• Hesse Arms:
  • Model 47, and
  • Wieger STG 940 rifle.
• Inter Ordinance:
  • RPK,
  • M-97, and
  • AK-47.
• Kalashnikov USA Hunter Rifle / Saiga,
• MAADI Co.:
  • AK 47,
  • ARM,
  • MISR, and
  • MISTR.
• Made in China:
  • 56,
  • 56S,
  • 84S,
  • 86S,
  • AK,
  • AKM,
  • AKS, and
  • AK47.
• MARS Pistol,
• Mitchell Arms, Inc.:
  • M-90,
  • AK-47,
  • AK-47 Cal .308,
  • M-76, and
  • RPK.
• Norinco:
  • 56,
  • 56S,
  • 81S,
  • 84S,
  • 86,
  • 86S,
  • AK-47,
  • Hunter Rifle,
  • MAK 90,
  • NHM:
    • 90,
    • 90-2, and
    • 91 Sport.
  • RPK Rifle.
• Ohio Ordinance Works:
  • AK-74, and
  • ROMAK 991.
• Poly Technologies:
  • AKS, and
  • AK47.
• Valmet:
  • Hunter Rifle, and
  • 76S.
• WUM (all models).

Category 2 assault weapons also include the following AR-15 series firearms:

• American Spirit USA model,
• Armalite:
  • AR10,
  • M15, and
  • Golden Eagle.
• Bushmaster XM15,
• Colt:
  • AR-15,
  • Law Enforcement 6920,
  • Match Target, and
  • Sporter.
• Dalphon B.F.D.,
• DPMS Panther,
• Eagle Arms:
  • EA-15 A2 H-BAR,
  • EA-15 E1, and
  • M15.
• Frankford Arsenal AR-15,
• Hesse Arms HAR 15A2,
• Knights:
  • RAS,
  • SR-15, and
  • SR-25.
• Les Baer Ultimate AR,
• Olympic Arms:
  • AR-15,
  • Car-97, and
  • PCR.
• Ordnance, Inc., AR-15,
• Palmetto SGA,
• Professional Ordnance, Inc.:
  • Carbon 15 Rifle, and
  • Carbon 15 Pistol.
• PWA (all models),
• Rock River Arms, Inc.:
  • Car A2,
  • Car A4 Flattop,
  • LE Tactical Carbine,
  • NM A2 – DCM Legal,
  • Standard A-2, and
  • Standard A-4 Flattop.
• Wilson Combat AR-15.⁵

These firearms were not explicitly banned by the Roberti-Roos Assault Weapons Control Act. When the constitutionality of that Act was challenged in 2000, the California Supreme Court included these firearms under the assault weapon definition.⁶

What is a Category 3 assault weapon?

Category 3 assault weapons are those that have certain distinguishing characteristics.

Semiautomatic, centerfire rifles that are in Category 3 include those that:

• have a fixed capacity of more than 10 rounds,
• have an overall length of less than 30 inches, or
• do not have a fixed capacity, but have any of the following:
  • a pistol grip that conspicuously protrudes beneath the weapon’s action,
  • a forward pistol grip,
  • a thumbhole, folding, or telescoping stock,
  • a flash suppressor, or
  • a grenade or flare launcher.⁷

The following semiautomatic pistols are Category 3 assault weapons:

• those that have a fixed magazine of more than 10 rounds, or
• those that do not have a fixed magazine, but does have one of the following aspects:
  • a threaded barrel that is capable of accepting a flash suppressor, silencer, or forward handgrip,
  • a second handgrip,
  • a barrel shroud that allows the weapon to be fired without burning the user’s hand, except a slide that encloses the barrel, or
  • the capacity to accept a detachable magazine outside the pistol grip.⁸

Shotguns with a revolving cylinder are Category 3 assault weapons, as are semiautomatic shotguns if they:

• do not have a fixed magazine, or
• have both of the following:
  • either a folding or telescoping stock, and
  • either a thumbhole stock, vertical handgrip, or a pistol grip that protrudes conspicuously under the weapon’s action.⁹

Finally, other semiautomatic centerfire firearms are Category 3 assault weapons if they:

• have an overall length of less than 30 inches,
• have a fixed magazine with the capacity to carry more than 10 rounds, or
• does not have a fixed magazine, but does have any of the following:
  • a pistol grip that conspicuously protrudes beneath the action of the weapon,
  • a forward pistol grip,
  • a second handgrip,
  • a thumbhole, folding, or telescoping stock,
  • a flare or grenade launcher,
  • a flash suppressor,
  • a threaded barrel that can take a silencer, flash suppressor, or forward handgrip,
  • a barrel shroud to protect the user’s hand from burning, unless it is a slide that encloses the barrel, or
  • the capacity to take a detachable magazine somewhere outside the pistol grip.¹⁰

These are sometimes referred to as “SB 23 assault weapons” because they were added to the state’s ban by Senate Bill 23 in 1999.¹¹ People who already owned one of these firearms were allowed to register them with the California Department of Justice (DOJ) between January 1 and December 31, 2000.

Are there any firearms that are exempted?

Some firearms that would fall under the definition of an assault weapon provided by California law are specifically exempted. These include:

• antique firearms, and
• pistols used in Olympic target shooting events, including the:
  • Benelli:
    • MP90 .22LR and .32 S&W Long, and
    • MP95 .22LR and .32 S&W Long.
  • Hammerli:
    • 280 .22LR and .32 S&W Long, and
    • SP20 .22LR and .32 S&W Long.
  • Pardini:
    • GOP .22 Short,
    • GP-Schumann .22 Short,
    • HP .32 S&W Long,
    • MP .32 S&W Long,
    • SP .22LR, and
    • SPE .22LR.
  • Walther:
    • GSP .22LR and .32 S&W Long,
    • OSP .22 Short, and
    • OSP-2000 .22 Short.¹²

Californians can use, possess, transfer, and import these types of handguns without violating the law.

Did a court overturn the California assault weapons ban?

On June 4, 2021, a federal judge in San Diego, Roger Benitez, overturned California’s assault weapons ban, ruling that it violated the Second Amendment’s right to bear arms.¹³

California Governor Gavin Newsom condemned the ruling, saying that it was a threat to public safety by allowing for gun violence and more mass shootings. The attorney general for the state of California, Rob Bonta, has appealed the decision.

On June 21, the Ninth Circuit issued a stay on the judge’s ruling to leave the ban in place until the appeals could be resolved.¹⁴

On November 30, 2021, this ban on large-capacity magazines (LCMs) was reinstated.¹⁵ An en banc panel for the Ninth Circuit said that the ban does not violate self-defense rights.¹⁶ This overturns the prior ruling by a three-judge 9th Circuit panel.¹⁷

These gun rights rulings come nearly 3 decades after the laws first passed. However, the U.S. Supreme Court’s recent decisions expanded gun rights. Lawsuits challenging California’s laws are based on these decisions.

Judge Benitez issued an order to overturn the assault weapons ban again. The order is stayed while the Ninth Circuit reviews the case.¹⁸

Additional reading

For more in-depth information, refer to these scholarly articles:

• Rational Basis Analysis of Assault Weapon Prohibition – Journal of Contemporary Law.
• How Can You Ban What Doesn’t Exist? Redefining the “Assault Weapon” – Drexel Law Review.
• Assault on the Constitution: Why the Southern District of California Got it Right – Georgia State University Law Review.
• Assault Weapon Myths – Illinois University Law Journal.
• What Is an Assault Weapon? Definitions, Attributes, and Implications regarding Legislation – Gonzaga Law Review.

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