California Assault Weapon: 2025 Definition, Laws & Statistic

Update: Federal Judge Rules California’s Assault Weapons Ban is Unconstitutional

Do California’s gun laws go too far?

A recent federal court ruling has shaken up the state’s long-standing assault weapons ban, raising new legal questions for gun owners.

On October 19, 2023, U.S. District Judge Roger Benitez ruled that California’s prohibition of semi-automatic firearms violates the constitutional right to bear arms [1]. This means that some of the strictest gun laws in the country may no longer apply—at least for now.

But what does this mean for you as a gun owner? If you own a firearm in California, you must stay updated on these legal changes to avoid legal trouble. Here’s a breakdown of what qualifies as an assault weapon, how compliance works, and the risks of unlawful possession.

Which Guns Qualify as Assault Weapons in California?

Does your firearm meet California’s strict definition of an “assault weapon”? Let’s find out.

According to the California Department of Justice, Senate Bill 23 (effective since January 1, 2000) classifies firearms based on specific features [2].

A firearm is considered an assault weapon if it has one or more of the following:

• A semiautomatic, centerfire rifle capable of accepting a detachable magazine and featuring any of the following:
• A conspicuously protruding pistol grip.
• A thumbhole stock.
• A folding or telescoping stock.
• A grenade launcher or flare launcher.
• A flash suppressor.
• A forward pistol grip.
• A semiautomatic, centerfire rifle with a fixed magazine that can hold more than 10 rounds.
• A semiautomatic, centerfire rifle with an overall length of less than 30 inches.
• A semiautomatic pistol with the ability to accept a detachable magazine and featuring any of the following:
• A threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer.
• A second handgrip.
• A shroud is attached to or encircles the barrel, allowing the shooter to fire the weapon without burning their hand (excluding a barrel-enclosing slide).
• The ability to accept a detachable magazine outside of the pistol grip.
• A semiautomatic pistol with a fixed magazine capacity of more than 10 rounds.
• A semiautomatic shotgun with both of the following:
• A folding or telescoping stock.
• A conspicuously protruding pistol grip, thumbhole stock, or vertical handgrip.
• A semiautomatic shotgun capable of accepting a detachable magazine.
• Any shotgun featuring a revolving cylinder.

What Makes a Weapon California Compliant?

California’s gun laws require extra safety measures.

To be legally owned, firearms must pass rigorous safety tests, including firing 600 rounds with no more than six malfunctions, ensuring structural integrity without cracks or breakages, and undergoing six drop tests without accidental discharges.

No firearm can have a detachable magazine that holds more than 10 rounds. Any modifications that enhance concealability or rapid-fire capability are prohibited. Compliance stickers and serial number registration are also required.

Many gun owners argue that these regulations serve as a backdoor method of restricting modern firearms under the guise of safety.

Also Read: Are Wallet Guns Legal in California?

California Gun Violence Statistics

How big of an issue is gun violence in California?

Here’s what the latest numbers show:

• In California, a gun-related death occurs every three hours, highlighting the significant impact of firearms on the state.
• Californians living with handgun owners face a heightened risk of homicide, with statistics showing they are more than twice as likely to die from such incidents.
• California women living with handgun owners are at an increased risk of dying by suicide.
• Over half of all firearm-related deaths in California are attributed to suicide.
• Beyond the loss of life, gun violence imposes a substantial financial burden on the state, amounting to approximately $18 billion annually. This translates to nearly $500 per Californian and includes costs associated with hiring police to investigate gun crimes and covering medical expenses for gun-related injuries.

Source

: California Department of Justice [3].

Related Articles:

• Steps to Register an Unregistered Gun in California
• Are Butterfly Knives Illegal in California?
• Legal Self-Defense Weapons in California

If you’ve been affected by any of these matters contact our personal injury lawsuit attorneys, and we can help with the deserved compensation.

FAQs

1. What Are the Legal Requirements for Owning an Assault Weapon in California?

To own an assault weapon in California, individuals must register the weapon, adhere to strict storage and transfer regulations, and comply with specific eligibility requirements set by state law.

2. Are There Any Exceptions or Exemptions for Military or Law Enforcement Personnel Regarding Assault Weapons in California?

Yes, military and law enforcement personnel may have exemptions from certain regulations, but they must comply with specific requirements and demonstrate official use or need to possess assault weapons.

3. What Are the Penalties for Unlawfully Possessing or Transferring an Assault Weapon in California?

Penalties for unlawfully possessing or transferring an assault weapon in California can include severe fines, imprisonment, and felony charges, depending on the circumstances and specifics of the violation.

Get a Free Lawsuit Evaluation With Our Lawyers

If you or a loved one is facing legal trouble related to California’s gun laws, the Litigation Group at Schmidt & Clark, LLP  are here to help. We specialize in firearm-related cases and can advise you on the best course of action to protect your rights.

Call us now for a free consultation or schedule a case review.

References:

1. https://oag.ca.gov/firearms/regs/genchar2
2. https://www.npr.org/2023/10/19/1207329132/a-federal-judge-rules-again-that-californias-assault-weapons
3. https://oag.ca.gov/ogvp/data