Do You Own an Unregistered Assault Weapon?
With increasing regularity, I have encountered law-abiding clients charged with ownership or possession of an unregistered illegal assault weapon. Many of these clients purchased these items legally and have maintained them in their original configuration. Individuals are, without fail, surprised and caught off guard that this ownership and/or possession have become illegal. Consequently, individuals who are usually normal, honest and upright, and uninformed regarding the changes in California law, are charged with a criminal offense.
As of September 1, 2020, ownership of “assault weapons” became a criminal offense unless the owner submitted an application for registration prior to December 31, 2021. As such, the application period is now closed, and all weapons meeting the definition of an “assault weapon” now present a precarious legal problem for uninformed owners.
California Penal Code section 30510 describes several previous models of assault weapons, and Penal Code section 30515 further defines what features classify a firearm as an assault weapon. Most notably, Penal Code section 30515, subdivision (1)(A)-(F) reads as follows:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
The aforementioned encompasses most AR-15 platforms which is one of the most common weapons platforms in the country. For this reason, individuals owning AR-15 platforms in the state of California without the previously mentioned registration, and without certain modifications, may be committing a crime punishable by up to three (3) years in prison.
To be clear, owning an AR-15 or similar weapon platform in California is not illegal, and many AR-15 rifles are still available for purchase. The difference is that for a weapon to fall outside of Penal Code section 30515, certain modifications have to be made to the rifle to make it compliant with California law and remove its designation as an assault weapon. These modifications include certain mechanical blocks to stop the magazine feeding device from being rapidly removed, and the popular attachment of fin grips to block use of the pistol grip.
Without such modifications, a weapon system with these articulatable features would be a violation of California’s prohibition of “assault weapons” and punishable criminally. It must be noted that at present the constitutionality of this prohibition is being challenged in the 9th Circuit Court of Appeals.
If you have concerns about the legal status of your weapon or have been accused of owning an assault weapon in violation of California law, Dias Law Firm, inc. can assist you.
