Cal. BPC § 22949.61 — California Code / Code bpc / Division 8 / Chapter 38 / Section 22949.61
Section 22949.61
Status: in_force

For purposes of this chapter, the following definitions shall apply:

(a) “.50 BMG rifle” means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun. “.50 BMG rifle” does not include any antique firearm, nor any curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

(b) (1) “Assault weapon” means the following designated semiautomatic firearms:

(A) All of the following specified rifles:

(i) All AK series, including, but not limited to, the models identified as follows:

(I) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.

(II) Norinco 56, 56S, 84S, and 86S.

(III) Poly Technologies AKS and AK47.

(IV) MAADI AK47 and ARM.

(ii) UZI and Galil.

(iii) Beretta AR-70.

(iv) CETME Sporter.

(v) Colt AR-15 series.

(vi) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.

(vii) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.

(viii) MAS 223.

(ix) HK-91, HK-93, HK-94, and HK-PSG-1.

(x) The following MAC types:

(I) RPB Industries Inc. sM10 and sM11.

(II) SWD Incorporated M11.

(xi) SKS with detachable magazine.

(xii) SIG AMT, PE-57, SG 550, and SG 551.

(xiii) Springfield Armory BM59 and SAR-48.

(xiv) Sterling MK-6.

(xv) Steyer AUG.

(xvi) Valmet M62S, M71S, and M78S.

(xvii) Armalite AR-180.

(xviii) Bushmaster Assault Rifle.

(xix) Calico M-900.

(xx) J&R ENG M-68.

(xxi) Weaver Arms Nighthawk.

(B) All of the following specified pistols:

(i) UZI.

(ii) Encom MP-9 and MP-45.

(iii) The following MAC types:

(I) RPB Industries Inc. sM10 and sM11.

(II) SWD Incorporated M-11.

(III) Advance Armament Inc. M-11.

(IV) Military Armament Corp. Ingram M-11.

(V) Intratec TEC-9.

(VI) Sites Spectre.

(VII) Sterling MK-7.

(VIII) Calico M-950.

(IX) Bushmaster Pistol.

(C) All of the following specified shotguns:

(i) Franchi SPAS 12 and LAW 12.

(ii) Striker 12.

(iii) The Streetsweeper type S/S Inc. SS/12.

(D) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 954 of the Statutes of 1991.

(E) Any firearm included in the list promulgated by the Attorney General pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that 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 paragraph because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.

(F) As used in this paragraph, “series” includes all other models that are only variations, with minor differences, of those models listed in subparagraph (A), regardless of the manufacturer.

(2) (A) Notwithstanding paragraph (1), “assault weapon” also means any of the following:

(i) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:

(I) A pistol grip that protrudes conspicuously beneath the action of the weapon.

(II) A thumbhole stock.

(III) A folding or telescoping stock.

(IV) A grenade launcher or flare launcher.

(V) A flash suppressor.

(VI) A forward pistol grip.

(ii) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

(iii) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

(iv) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:

(I) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.

(II) A second handgrip.

(III) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.

(IV) The capacity to accept a detachable magazine at some location outside of the pistol grip.

(v) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

(vi) A semiautomatic shotgun that has both of the following:

(I) A folding or telescoping stock.

(II) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

(vii) A semiautomatic shotgun that does not have a fixed magazine.

(viii) Any shotgun with a revolving cylinder.

(ix) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following:

(I) A pistol grip that protrudes conspicuously beneath the action of the weapon.

(II) A thumbhole stock.

(III) A folding or telescoping stock.

(IV) A grenade launcher or flare launcher.

(V) A flash suppressor.

(VI) A forward pistol grip.

(VII) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.

(VIII) A second handgrip.

(IX) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.

(X) The capacity to accept a detachable magazine at some location outside of the pistol grip.

(x) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds.

(xi) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches.

(B) For purposes of this paragraph, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

(C) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subparagraph (D).

(D) “Assault weapon” does not include either of the following:

(i) Any antique firearm.

(ii) Any of the following pistols, because they are consistent with the significant public purpose expressed in subparagraph (C):

MANUFACTURER MODEL CALIBER

BENELLI MP90 .22LR
BENELLI MP90 .32 S&W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S&W LONG
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S&W LONG
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S&W LONG
PARDINI GPO .22 SHORT
PARDINI GP-SCHUMANN .22 SHORT
PARDINI HP .32 S&W LONG
PARDINI MP .32 S&W LONG
PARDINI SP .22LR
PARDINI SPE .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S&W LONG
WALTHER OSP .22 SHORT
WALTHER OSP-2000 .22 SHORT

(c) “Federally regulated firearm precursor part” means any firearm precursor part deemed to be a firearm pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto, and that has been imprinted with a serial number by a federal licensee authorized to serialize firearms in compliance with all applicable federal laws and regulations.

(d) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.

(e) (1) “Firearm precursor part” means any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.

(2) Firearm parts that can only be used on antique firearms, as defined in subdivision (c) of Section 16170 of the Penal Code, are not firearm precursor parts.

(f) “Unserialized firearm” means a firearm that does not have a serial number as required by law or has had its serial number altered or obliterated.