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. These regulations translate the statutory definitions in Penal Code Sections 30510-30530 into operational criteria for law enforcement, dealers, and the public.
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
The DOJ regulations at 11 CCR Sections 5471-5474 provide detailed guidance on applying the characteristics test: [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, a pistol grip, a detachable magazine, or a fixed magazine exceeding 6 rounds
Key Regulatory Definitions
The regulations define critical terms that affect compliance. "Detachable magazine" is defined at 11 CCR Section 5471(a) as a magazine that can be removed from the firearm without disassembly of the firearm action. 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
Possession of an unregistered assault weapon is a wobbler offense under Penal Code Section 30605, punishable as either a misdemeanor (up to one year in county jail) or a felony (16 months, two years, or three years in state prison). Manufacturing, distributing, transporting, or importing an assault weapon is a felony under Penal Code Section 30600.