Published by Short-barreled rifles (SBRs) and short-barreled shotguns (SBSs) are illegal in California. Possessing, manufacturing, or transferring these firearms is prohibited under state law.
Exceptions exist but require specific federal and state permits, making legal ownership extremely limited.
Table Of Contents
- Why This Matters to California Gun Owners
- What is a Short-Barreled Rifle?
- What is a Short-Barreled Shotgun?
- Federal vs. California Regulations
- Penal Code 33215 PC – Short-Barreled Rifles and Sawed-Off Shotguns
- What are the Exceptions to PC 33215?
- Penalties for Violating PC 33215
- How to Stay Compliant with California Law
- Common Misconceptions About SBRs and SBSs
- How to Fight the Charges
- FAQs
- Get a Free Lawsuit Evaluation With Our Lawyers
Why This Matters to California Gun Owners
Gun laws in California are some of the strictest in the country, and misunderstanding firearm classifications can result in serious legal consequences.
Whether you are a collector, law enforcement officer, or firearm enthusiast, it is essential to know what constitutes an illegal firearm and how to remain compliant with state regulations.
What is a Short-Barreled Rifle?
A short-barreled rifle (SBR) is defined under federal law as a firearm with a rifled barrel and stock, where:
- The barrel is less than 16 inches in length
- The overall length is less than 26 inches
For measuring overall length with a folding or telescopic stock, the measurement is taken from the barrel’s crown to the end of the stock when fully extended. Detachable muzzle devices do not count toward this measurement.
SBR ownership requires federal registration under the National Firearms Act (NFA). This includes:
- A $200 tax stamp
- Background checks
- Fingerprints and photos
- Extended waiting periods (ranging from 2 months to over a year)
What is a Short-Barreled Shotgun?
A short-barreled shotgun (SBS) is defined as any shotgun with a barrel shorter than 18 inches. This applies whether the firearm was manufactured this way or later modified.
Key Factors for Classification:
- Designed to be fired from the shoulder
- Typically has a shoulder stock (even if removed later)
- If the firearm lacks a stock but fires shotshells and has a barrel shorter than 18 inches, it may fall under the “Any Other Weapon” (AOW) category of the NFA
Federal vs. California Regulations
While the federal government allows SBR and SBS ownership with proper registration, California strictly prohibits them under state law.
Even if you have federal approval, state law still applies, making possession illegal unless an exemption is granted.
Comparison Table: Legal vs. Illegal Firearms in California
| Firearm Type | Barrel Length | Overall Length | California Legal? |
|---|---|---|---|
| Standard Rifle | 16″+ | 26″+ | Yes |
| Standard Shotgun | 18″+ | N/A | Yes |
| Short-Barreled Rifle | <16″ | <26″ | No |
| Short-Barreled Shotgun | <18″ | N/A | No |
| AOW (Certain Firearms) | Varies | Varies | No (in most cases) |
Penal Code 33215 PC – Short-Barreled Rifles and Sawed-Off Shotguns
California law strictly bans the possession, sale, manufacture, import, or transfer of SBRs and SBSs under Penal Code 33215 PC.
“Except as provided in Sections 33220 and 33225, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment…”
Even disassembled weapons can still count as illegal possession if they can be quickly reassembled.
What are the Exceptions to PC 33215?
Exemptions exist but are highly restrictive. They include:
- Law Enforcement: Officers can possess these weapons when acting in an official capacity.
- Military Personnel: Active-duty service members may use these firearms in connection with their duties.
- Licensed Collectors: Antique dealers with valid federal licenses may possess these weapons for collection purposes.
- Special Permits: The California DOJ may grant special permits under “good cause,” though these are rarely issued.
Example Scenarios:
- A police SWAT team using an SBR for a hostage rescue operation (Legal)
- A gun collector with a federal antique firearms license keeping a registered SBS in a private collection (Legal)
- A civilian purchasing an SBR from another state and bringing it into California (Illegal)
Penalties for Violating PC 33215
A violation of Penal Code 33215 PC is considered a wobbler offense, meaning it can be prosecuted as either a misdemeanor or a felony.
Misdemeanor: Punishable by up to one year in county jail and/or a fine of up to $1,000.
Felony: Punishable by a fine of up to $10,000 and a county jail term of:
- 16 months
- Two years
- Three years
How to Stay Compliant with California Law
To avoid unintentional violations, firearm owners should:
- Verify barrel and overall length before purchasing
- Consult legal experts if unsure about modifications
- Avoid purchasing SBRs/SBSs from out of state without federal and state approvals
Common Misconceptions About SBRs and SBSs
1. “If I have a federal tax stamp, I am legal in California.”
- Incorrect. California law still applies regardless of federal approval.
2. “If I remove the stock from my shotgun, it is no longer an SBS.”
- Not necessarily. If it originally had a stock, it may still be considered an SBS.
How to Fight the Charges
Four effective defenses to PC 33215 charges include:
- Lack of Knowledge: You did not know the weapon was a short-barreled rifle or sawed-off shotgun and did not intentionally violate the law.
- Inaccurate Measurement: The firearms were not measured correctly, and they did not meet the legal definition of short-barreled.
- Lawful Exemption: You fell under a lawful exemption, such as being a police officer or a licensed antique firearms dealer.
- Illegal Search and Seizure: The police found the weapons through an illegal search and seizure. If we can prove your Fourth Amendment rights were violated, any evidence obtained unlawfully may be suppressed, potentially leading to the dismissal of your charges due to insufficient evidence.
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FAQs
Can I own a short-barreled rifle in California with a federal tax stamp?
No. Even with federal approval, California law prohibits civilian ownership of short-barreled rifles. Only certain law enforcement, military personnel, and licensed collectors with special permits may possess them under limited circumstances.
Are pistol-braced AR-15s considered short-barreled rifles in California?
Yes, if the barrel is under 16 inches and the firearm meets the criteria of a rifle, it may be classified as an SBR, making it illegal under California law unless an exemption applies.
What happens if I unknowingly buy a short-barreled rifle?
Ignorance of the law is not a defense. Possessing an SBR in California, even unknowingly, can result in criminal charges. You should immediately consult an attorney to determine the best legal course of action.
Can I modify a shotgun to have a barrel shorter than 18 inches?
No. Modifying a shotgun to have a barrel shorter than 18 inches makes it an illegal short-barreled shotgun under California law. Possession, sale, or transfer of such a firearm is a criminal offense.
If you’ve been affected by any of these matters contact our personal injury lawsuit attorneys, and we can help with the deserved compensation.
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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.