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
The National Firearms Act still provides for registration of short-barreled rifles and shotguns, and the federal making and transfer taxes for these firearms are $0 (26 U.S.C. 5801 et seq.). Since October 9, 2026, ATF does not enforce that registration or the prior approval to make or transfer them.[4] California does not recognize this federal registration. An NFA-registered SBR or SBS that is lawful under federal law remains prohibited in California unless an exception in Sections 33220 or 33225 or Chapter 1 beginning with Section 17700 applies. This is a critical distinction for persons relocating to California from states that permit NFA items.
AR Pistols and "Other" Firearms
Federal regulations define a pistol as a weapon originally designed, made, and intended to fire when held in one hand, with the specified chamber and grip configuration. A rifle is designed, made, and intended to be fired from the shoulder. A barrel under 16 inches and a pistol-designated lower receiver alone do not determine an AR-pattern firearm's federal classification. 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. Penal Code Section 672 authorizes a fine of up to $1,000 in addition to the prescribed imprisonment.
Verification
8 of 8 factual claims on this page were matched to their source text as of 2026-10-16.
Show the claims
| Claim | Type | Status | Source | Checked |
|---|---|---|---|---|
| PC 33215Source text: # § 33215 Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state wh | STAT | verified against source | None | 2026-10-16 |
| Penal Code Section 33215Source text: # § 33215 Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state wh | STAT | verified against source | None | 2026-10-16 |
| California Penal Code Section 33215Source text: # § 33215 Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state wh | STAT | verified against source | None | 2026-10-16 |
| Penal Code Sections 17170Source text: # § 17170 As used in this part, “short-barreled rifle” means any of the following: ## (a) A rifle having a barrel or barrels of less than 16 inches in length | STAT | verified against source | None | 2026-10-16 |
| 26 U.S.C. 5801Source text: # § 5801. Imposition of tax ## (a) On 1st engaging in business and thereafter on or before July 1 of each year, every importer, manufacturer, and dealer in fi | STAT | verified against source | None | 2026-10-16 |
| Certified Handguns RosterSource text: Roster of Handguns Certified for Sale: 2026-10 edition, 1003 entries. Source PDF sha256 0b423a31d561ca72ba6c9a96de36c4e96edef4359b40192eb9644180a929329e | ROSTER | verified against source | None | 2026-10-16 |
| Penal Code Section 1170Source text: # § 1170 ## (a) (1) The Legislature finds and declares that the purpose of sentencing is public safety and to reduce recidivism achieved through punishment, r | STAT | verified against source | None | 2026-10-16 |
| Penal Code Section 672Source text: # § 672 Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impo | STAT | verified against source | None | 2026-10-16 |