California Penal Code Section 30600[1] prohibits any person from manufacturing, distributing, transporting, importing into the state, keeping for sale, offering or exposing for sale, giving, or lending any assault weapon as defined in Sections 30510,[2] 30515,[3] or 30520.[4] The same prohibition applies to .50 BMG rifles.
The Three Categories of Assault Weapons
California defines assault weapons through three overlapping statutory sections:
- Section 30510 (Category 1): A named list of specific firearm makes and models originally enumerated in the Roberti-Roos Assault Weapons Control Act of 1989.[2] These include specific AK and AR-pattern rifles by manufacturer name.
- Section 30515 (Category 2): A characteristics-based definition added by SB 23 (1999). A semiautomatic centerfire rifle with a detachable magazine and any one prohibited feature (pistol grip, thumbhole stock, folding or telescoping stock, grenade or flare launcher, flash suppressor, or forward pistol grip) is an assault weapon. Semiautomatic centerfire rifles with a fixed magazine capacity exceeding 10 rounds are also included. Similar feature tests apply to semiautomatic pistols and semiautomatic shotguns.
- Section 30520 (Category 3): Firearms declared to be assault weapons by the Attorney General through administrative proceedings under former Penal Code Section 12276.5. These were identified as assault weapons through DOJ determination rather than statute.
Miller v. Bonta: Ongoing Constitutional Challenge
The assault weapons ban is the subject of a major Second Amendment challenge in Miller v. Bonta.[6] In June 2021, Judge Roger Benitez of the U.S. District Court for the Southern District of California issued a sweeping ruling striking down the ban. The Ninth Circuit stayed the ruling, and the Supreme Court subsequently granted certiorari, vacated, and remanded (GVR) the case for reconsideration under the Bruen framework established in NYSRPA v. Bruen[5] (2022).
On remand, Judge Benitez again struck down the assault weapons ban on October 19, 2023, applying the Bruen text, history, and tradition framework and finding no historical tradition supporting the prohibition of commonly owned semiautomatic firearms based on cosmetic features. The state appealed to the Ninth Circuit, where a three-judge panel heard oral arguments on January 24, 2024.
The panel deferred decision pending the Ninth Circuit's en banc ruling in Duncan v. Bonta (large-capacity magazine ban). After the Duncan en banc decision issued on March 20, 2025, the Miller panel ordered supplemental briefing to address the impact of Duncan. Both sides filed supplemental briefs in April 2025, and the case was resubmitted for decision. As of March 2026, the panel has not issued a ruling. The assault weapons ban remains fully enforceable during the appeal.
Penalties
A violation of Section 30600 is a felony, punishable by imprisonment for four, six, or eight years pursuant to subdivision (h) of Section 1170.[1] There is no misdemeanor option -- this is a straight felony. An additional consecutive term of one year applies if the person transfers, lends, sells, or gives an assault weapon or .50 BMG rifle to a minor. Each assault weapon or .50 BMG rifle beyond the first two constitutes a separate and additional offense.
Exemptions
Law enforcement officers, military personnel acting within the scope of their duties, and holders of valid assault weapon permits issued under Penal Code Section 31000 are exempt from the prohibition. Licensed firearms dealers may also possess assault weapons for the purpose of surrendering them to law enforcement.