California Penal Code Section 33215[1] makes it a crime for any person to manufacture, import into the state, keep for sale, offer or expose for sale, give, lend, or possess any short-barreled rifle or short-barreled shotgun.
Definitions
The relevant definitions are found in Penal Code Sections 17170[2] and 17180[3]:
- Short-barreled rifle (SBR): A rifle having one or more barrels less than 16 inches in length, or a rifle with an overall length of less than 26 inches. This includes any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
- Short-barreled shotgun (SBS): A shotgun having one or more barrels less than 18 inches in length, or a shotgun with an overall length of less than 26 inches. This includes any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.
Federal NFA Items in California
Under federal law, short-barreled rifles and shotguns may be legally manufactured and possessed by civilians who register the weapon with the ATF and pay the applicable $200 tax under the National Firearms Act (26 U.S.C. 5801 et seq.). California does not recognize this federal registration. An NFA-registered SBR or SBS that is lawful under federal law remains illegal to possess in California. This is a critical distinction for persons relocating to California from states that permit NFA items.
AR Pistols and "Other" Firearms
An AR-pattern firearm with a barrel under 16 inches that was originally built from a pistol-designated lower receiver is classified as a pistol under federal law, not a short-barreled rifle. However, California's Unsafe Handgun Act and assault weapons laws impose additional restrictions on such firearms, and they cannot be purchased through a dealer unless listed on the Certified Handguns Roster. The practical result is that new AR pistols are generally not available to California consumers through standard retail channels.
Penalties
A violation of Section 33215 is a wobbler offense. As a felony, it is punishable by imprisonment pursuant to subdivision (h) of Penal Code Section 1170 (16 months, two years, or three years in county jail). As a misdemeanor, it is punishable by imprisonment in county jail for up to one year, a fine of up to $1,000, or both.