What is a Short-Barreled Rifle?

A short-barreled rifle (SBR) is federally defined as a firearm with a rifled barrel and stock, where the barrel is less than 16 inches and/or 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 towards the overall length of an SBR.

Ownership of an SBR means that it has to be registered as an NFA item with the ATF. Just like owning a silencer or a machine gun, it requires payment for a $200 tax stamp, a background check, and the ordeal of fingerprints and a photo. These may not be as intrusive or expensive as they sound. Most SBR owners are more inconvenienced by the extensive waiting period which can take anywhere from 2 months to over a year

What is a Short-Barreled Shotgun?

According to HubAZ, the NFA defines a short-barreled shotgun (SBS) as any shotgun with a barrel length shorter than 18 inches. This includes both shotguns originally manufactured with a short barrel and those modified to reduce barrel length [1].

This definition can sometimes be confusing and there are many guns that seem very similar to short-barreled shotguns but are not technically considered SBSs and therefore aren’t subject to the NFA requirements

The intended firing position is crucial in this definition since shotguns are designed to be fired from the shoulder and typically have a shoulder stock. However, even if a shotgun does not currently have a stock, it is still considered an SBS if it once had a stock and meets the other criteria.

Firearms without stocks that fire shotshells and have barrels shorter than 18 inches often fall under the “any other weapon” (AOW) category of the NFA and are also regulated.

Penal Code 33215 PC – Short-Barreled Rifles and Sawed-Off Shotguns

California enforces strict laws on firearms possession, sale, and use. Penal Code 33215 PC specifically prohibits short-barreled rifles and sawed-off shotguns, aiming to enhance public safety by restricting access to these dangerous and easily concealable weapons.

Penal Code 33215 PC bans the possession, sale, manufacture, import, or transfer of short-barreled rifles and sawed-off shotguns. This law makes it illegal to possess, construct, import, or offer these firearms for sale or transfer.

Regarding “possession,” courts have determined that an individual can be guilty of this crime even if the firearm is disassembled into individual parts, provided the weapon can be quickly reassembled.

PC 33215 says, “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 in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.”

What are the Exceptions to PC 33215?

Several individuals and scenarios are exempt from prosecution for violating PC 33215, similar to how other firearm offenses are treated under California law.

The exemptions include, but are not limited to:

Law Enforcement Officers: Active-duty law enforcement officers may possess short-barreled rifles or sawed-off shotguns as part of their official duties under certain circumstances.
Military Personnel: Active-duty military personnel may possess these firearms in connection with their service.
Licensed Collectors: Antique dealers with valid federal firearms licenses may possess short-barreled rifles or sawed-off shotguns as part of their collection, provided they comply with federal regulations.
Special Permits: The Department of Justice may issue a permit to possess these weapons if the applicant demonstrates “good cause” and the permit “does not endanger public safety” (PC 33300). The permit must be renewed annually, and as long as it is in effect and the holder abides by the rules, they are exempt from prosecution.

Individuals exempt from Penal Code 33215 PC must adhere to California’s firearm registration requirements. This includes registering short-barreled rifles or sawed-off shotguns with the California Department of Justice and complying with all relevant state and federal regulations.

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 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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References:

1. https://www.thehubaz.com/

Are Short-Barreled Rifles and Shotguns Legal in California?