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Are Pre-Ban AR-15 rifles still legal in California?
My family owns a AR-15A2 Sporter II carbine in 9mm (also officially known as the Colt Model R6450) since 1994, and since California passed some sort of firearm act restricting telescoping stocks, flash hiders, 30 round magazines, and pistol grips, all of which our AR15A2 has.
Ever since California's ever-changing firearm policies, we have been scared to take it out of the house, since we were afraid that we might get arrested.
I've been wondering if a rifle purchased in 1994 can still be used as of now *legally*.
13 Answers
- Jerry HLv 71 decade agoFavorite Answer
The short answer is "no." If you didn't register it as an "assault weapon" during the specified period when the law was passed, you're out of luck. It doesn't matter how long ago you owned it. The registration period expired long ago, the state is no longer registering "assault weapons" (the Bradys sued and forced them to stop) and possession of an unregistered one in California is illegal.
Sorry about that. Good luck.
Source(s): I'm a firearms instructor in California (for my sins). - John TLv 61 decade ago
Because you are asking this question I must assume that this weapon has not been properly(legally) transferred into your possession. If it was not properly registered and properly transferred to the person who currently possessed the weapon then you have a problem. It may not be a drag you off to prison problem, but it is likely a have to go to court never own a firearm again problem. Do yourself a favor and consult an attorney who is a specialist in California Firearms statutes, especially those that pertain to assault weapons. There is one firm listed at calguns.net, but I know nothing about them--can't vouch for them or caution you against them. Just giving you a place to start. By the way, the California AR ban preceeded the federal ban. Good luck, I suspect you're going to need it.
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- Anonymous1 decade ago
the 1994 law is a nation wide ban known as the "Assault Weapons Ban".
while the rest of the nation (or most of it) was released from the 1994 AWB in 2004, California had already enacted a second AWB in 2000 that doesn't expire and basically forced registration of all existing pre-ban AWB weapons, and prohibits ownership of any AWB weapons after 2000 or even after 2004.
so basically if your AR15 rifle wasn't purchased prior to the 1994 ban and registered in or around 2000, then its a felony to possess in California. Hopefully you do have it registered, right? otherwise you better sneak it out of California or destroy it right away before someone from CA government learns that you have a non-registered pre-ban AR15 in your house! If you don't have it registered, they'll come by and confiscate it, put you and your family away on a felony charge, and ban you from ever owning firearms again.
- GlacierwolfLv 71 decade ago
I live in Alaska.
People I have meet from Ca have told me stories about how they registered thier AR's during the amnesty period - only to have the rifles confiscated a few months later.
You should talk with a local gun shop - if any still exist. Get the real scoop. I would not trust anything found online or written by the state - go talk to someone in the business. There is always a huge gap between what the law 'says' and what the lawyers and police think it 'means'.
- 5 years ago
Go out of state and buy it out of state to get around all of kalifornistans laws? No. Has to be kalifornistan legal and most are not. Will have to probably be special oredered or bought in state to be legal. Besides there are no dealers that live in other states that will even bother with kalifornistan residents. Because if you buy a gun in another state it MUST go through a kalifornistan FFL transfer. Bringing it in from another state when your moving to kallifornistan also no. You need to have one of those super neutered ones. With the weird looking rifle stock, no flash supressor, and a 10 round mag pinned to the receiver.
- FatefingerLv 71 decade ago
I may be wrong. If I am someone send me a message telling me and specifying where I was.
Actually no. There is no grandfathering clause. Only for "only-ones" If the gun was registered the state would of surely threatened you to surrender it. Their ban is basically a list of things you cant own. If you own a gun added to that list it must be turned in.
Youtube's NRA channel has some videos on kalifornistan laws. Mostly people who had guns that when the ban first came in were legal. The the state changed it's mind and threatened them unless they turned them in. I believe there are a few pending court cases because of it.
Source(s): "Bitter" - 2ALv 71 decade ago
It may need to be registered and it is a detailed and a big pain in the butt to learn what is legal or not.
Category 1. The Roberti-Roos Assault Weapons Control Act of 1989
This was California’s first assault weapons act. Under this act, any firearm on a list specified in Penal Code
section 12276 is considered an assault weapon. Such assault weapons are controlled (i.e., may not be legally
purchased, kept for sale, offered for sale, exposed for sale, given, lent, manufactured, distributed, or imported)
after December 31, 1991, and were required to be registered as assault weapons with the Department of Justice
on or before March 31, 1992. In addition, the Roberti-Roos Assault Weapons Control Act controlled AK and
AR-15 series assault weapons (Penal Code section 12276, subd (e) and (f) - see Category 2). These assault
weapons are controlled regardless of whether they have Category 3 (Penal Code section 12276.1 - SB 23)
characteristics. The only legal option for Category 1 assault weapons that were not registered on or before
March 31, 1992, is to surrender them to law enforcement pursuant to Penal Code section 12288.
Category 3. Generic Characteristics
As of January 1, 2000, Senate Bill 23 (Chapter 129, Statutes of 1999) provided that firearms that have characteristics
falling under any of the categories listed in Penal Code section 12276.1 are assault weapons. These
assault weapons were controlled as of January 1, 2000, and must have been registered as assault weapons with
the Department of Justice on or before December 31, 2000. However, a person arrested for possession of an
unregistered Category 3 assault weapon on or before December 31, 2001 could have registered it under conditions
specified in Penal Code section 12280(c) pursuant to reducing the charge to an infraction. On and after
January 1, 2002, the only legal option for Category 3 assault weapons that are not registered is to surrender
them to law enforcement pursuant to Penal Code section 12288. An exception for peace officers is addressed
on the next page.
Punishment
• Possession – Felony or misdemeanor -- (Penal Code § 12280(b))
Infraction under limited time and conditions -- (Penal Code § 12280(c))
• Manufacture, distribution, transportation, importation, sale, and transfer of assault weapons -- Felony.
(Penal Code § 12280(a))
Category 2. AK and AR-15 Series Weapons
The California Supreme Court upheld the constitutionality of the Roberti-Roos Assault Weapons Control Act of
1989 in Kasler v. Lockyer. This decision took effect August 16, 2000. Effective August 16, 2000, firearm
models that are variations of the AK or AR-15, with only minor differences from those two models, are assault
weapons under the original Roberti-Roos Assault Weapons Control Act of 1989. AK and AR-15 series weapons
were controlled as of August 16, 2000, and must have been registered as assault weapons with the Department
of Justice on or before January 23, 2001. The only legal option for Category 2 assault weapons that were
not registered on or before January 23, 2001, is to surrender them to law enforcement pursuant to Penal Code
section 12288. These assault weapons are controlled regardless of whether they have Category 3 (Penal Code
section 12276.1 - SB 23) characteristics.
Source(s): http://www.calguns.net/a_california_arak.htm http://caag.state.ca.us/firearms/forms/pdf/awguide...