11 CCR:
Assault Weapon Identification Regulations

Title 11, Division 5, Chapter 39 of the California Code of Regulations ^[1] contains the Department of Justice regulations implementing California's assault weapon identification system. Under 11 CCR Section 5460, the definitions in Section 5471 apply to the identification of assault weapons under Penal Code Section 30515.

The Two-Track Identification System

California uses two parallel methods to classify a firearm as an assault weapon. The first track is the named firearms list established by the original Roberti-Roos Assault Weapons Control Act of 1989, codified at Penal Code Section 30510. This list identifies specific makes and models by name. The second track is the characteristics test added by SB 23 in 1999, now codified at Penal Code Section 30515, which defines assault weapons by functional features rather than model name.

Regulatory Implementation of the Characteristics Test

Under 11 CCR Section 5460, the definitions in Section 5471 apply to the characteristics test in Penal Code Section 30515. ^[2]

- Semiautomatic centerfire rifles: Classified as assault weapons if they have a detachable magazine and any one of six prohibited features (pistol grip, thumbhole stock, folding or telescoping stock, grenade or flare launcher, flash suppressor, or forward pistol grip)
- Semiautomatic centerfire pistols: Classified if they have a detachable magazine and any one of several prohibited features, or have a fixed magazine capacity exceeding 10 rounds
- Semiautomatic shotguns: Classified if they have a folding or telescoping stock together with a pistol grip that protrudes conspicuously beneath the action, a thumbhole stock, or a vertical handgrip. A semiautomatic shotgun without a fixed magazine also qualifies, as does any shotgun with a revolving cylinder

Key Regulatory Definitions

The regulations define critical terms that affect compliance. Under 11 CCR Section 5471(m), a detachable magazine is an ammunition feeding device that can be removed readily from the firearm without disassembly of the firearm action or use of a tool. This definition is central to the "fixed magazine" compliance strategy where owners use devices like the Bullet Button (pre-2017) or magazine locks that require separation of the upper and lower receivers to release the magazine. "Pistol grip" is defined as a grip that protrudes conspicuously beneath the action of the weapon, which drives the "featureless" compliance approach.

Compliance Flowcharts

The DOJ Bureau of Firearms publishes interpretive flowcharts ^[2] to help owners determine whether a particular firearm configuration meets the assault weapon definition. The two primary compliance pathways are going "featureless" (removing all prohibited features so a detachable magazine is permitted) or going "fixed magazine" (using a magazine lock device so prohibited features are permitted).

Penalties

Except where the fine provision in Penal Code Section 30605(b) applies, possession of an unregistered assault weapon under Section 30605 is punishable as a misdemeanor by up to one year in county jail or as a felony by 16 months, two years, or three years in county jail, with state prison required for defendants specified in Section 1170(h)(3). Manufacturing, distributing, transporting, or importing an assault weapon is a felony under Penal Code Section 30600.