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Guide · California law

What counts as an "assault weapon" in California and can I buy one?

California defines "assault weapon" in two ways: a list of named semiautomatic firearms in Penal Code 30510, and a set of characteristic-based definitions in Penal Code 30515. Selling, giving, lending, importing, or manufacturing one is a felony "except as provided by this chapter" (PC 30600), a person who wishes to acquire one must first obtain a Department of Justice (DOJ) permit (PC 31000(c)), and DOJ says the public registration periods have ended (DOJ FAQ).

Quick facts

  • Two definitions: named models (PC 30510) and listed characteristics (PC 30515).
  • Sale, transfer, import, manufacture: a felony punishable by four, six, or eight years, except as the chapter provides (PC 30600).
  • Possession: punishable by up to one year in county jail or by imprisonment under Penal Code 1170(h), except as the chapter provides (PC 30605).
  • Civil route: unlawful possession is a public nuisance, and prosecutors may bring a civil action in place of criminal prosecution (PC 30800).
  • Registration: closed to the public (DOJ FAQ).
  • Inherited registered assault weapon: 90 days to choose one of four listed options (PC 30915).
  • Court challenge: as of 2026-11-10, Miller v. Bonta is pending in the Ninth Circuit, and the docket copy on CourtListener, last updated September 30, 2026, shows no order lifting the stay of the district court ruling against the law (docket).

What are the two definitions?

DOJ describes three categories (DOJ FAQ):

  1. Category One: firearms on the original Roberti-Roos list (PC 30510(a), (b), and (c)).
  2. Category Two: AK and AR-15 series weapons (PC 30510(e) and (f)).
  3. Category Three: firearms defined by generic characteristics (PC 30515).

Which firearms are named in section 30510?

PC 30510 lists specific semiautomatic rifles, pistols, and shotguns by make and model. Examples from the rifle list include "all AK series," "Colt AR-15 series," UZI and Galil, Steyr AUG, and "SKS with detachable magazine."

Subdivision (f) says "series" includes all other models that are only variations, with minor differences, of the listed models, regardless of the manufacturer. Under PC 30520, the Attorney General prepares identification descriptions of these firearms for law enforcement and adopts regulations for the chapter.

What characteristics does section 30515 use?

Section 30515 begins "Notwithstanding Section 30510," so it adds to the named list. In summary (PC 30515(a)):

  • Rifles: a semiautomatic, centerfire rifle without a fixed magazine that has any one of six characteristics (pistol grip that protrudes conspicuously beneath the action, thumbhole stock, folding or telescoping stock, grenade or flare launcher, flash suppressor, forward pistol grip); or one with a fixed magazine that accepts more than 10 rounds; or one with an overall length under 30 inches.
  • Pistols: a semiautomatic pistol without a fixed magazine that has any one of four characteristics (a threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer; a second handgrip; a barrel shroud; the capacity to accept a detachable magazine outside of the pistol grip); or one with a fixed magazine that accepts more than 10 rounds.
  • Shotguns: a semiautomatic shotgun with both a folding or telescoping stock and a pistol grip, thumbhole stock, or vertical handgrip; a semiautomatic shotgun without a fixed magazine; or any shotgun with a revolving cylinder.
  • Other firearms: a semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun and meets one of three tests in paragraphs (9) through (11).

A "fixed magazine" is one that cannot be removed without disassembly of the firearm action (PC 30515(b)). A DOJ regulation defines the other terms (11 CCR 5471).

Subdivision (d) excludes antique firearms and certain listed Olympic target pistols.

Can a person buy an assault weapon in California?

The chapter starts from a prohibition. Anyone who manufactures, distributes, transports, or imports into the state, keeps or offers for sale, or gives or lends an assault weapon, "except as provided by this chapter," is guilty of a felony (PC 30600). A person who wishes to acquire one must first obtain a permit from DOJ (PC 31000(c)).

The chapter lists exceptions. One example is a sworn peace officer whose agency head gives written authorization (PC 30630). DOJ says sales of registered assault weapons to such officers must occur at a licensed gun dealer that has a Dangerous Weapons Permit (DOJ FAQ).

Can an assault weapon still be registered?

DOJ's answer is "Generally, no." The public registration periods it lists closed in 1992, 2001, and 2000 for the three categories (DOJ FAQ). Two later windows have also closed:

  • Firearms without a fixed magazine ("bullet-button"): the statute required registration "before July 1, 2018" (PC 30900(b)(1)). A court-ordered reopening for people who had tried to register earlier ended April 12, 2022 (DOJ bullet-button page).
  • "Other" category firearms: October 1, 2021, through December 31, 2021 (DOJ "Other" page).

What rules apply to a registered assault weapon?

  • Where it may be possessed: only at the places listed in PC 30945, such as the owner's residence, place of business, or other property; certain target ranges; and while transporting it between those places as the section requires.
  • Inheritance: a person who obtains title by bequest or intestate succession must, within 90 days, render it permanently inoperable, sell it to a licensed gun dealer, obtain a DOJ permit, or remove it from the state (PC 30915).
  • Moving into California: a person moving in must obtain a DOJ permit before bringing the firearm into the state, or have it delivered to a licensed gun dealer in California (PC 30925).

What is the status of Miller v. Bonta?

  • On October 19, 2023, a federal district court ruled that the characteristic-based definitions in section 30515(a)(1) through (8), and related provisions, violate the Second Amendment (decision).
  • On October 28, 2023, the Ninth Circuit stayed that ruling. As of 2026-11-10, the copy of the docket on CourtListener was last updated September 30, 2026. Its most recent entry is the July 1, 2026 order described next, and it lists no order lifting the stay. That copy does not show whether any order was entered after September 30, 2026 (docket).
  • On July 1, 2026, the Ninth Circuit vacated submission of the appeal pending the U.S. Supreme Court's decisions in Viramontes v. Cook County and a companion case (docket). As of 2026-11-10, the Supreme Court docket shows argument set for December 2, 2026. It also shows a motion by one petitioner to be dismissed from the case, filed October 29, 2026, and a suggestion of mootness filed by the Cook County respondents on November 5, 2026, with no ruling on either yet listed (Supreme Court docket).

What changed recently

  • 2026-09-20AB 191 (Stats. 2026, ch. 354) amended section 30515's Olympic pistol exemption to cover the 2028 Olympic and Paralympic Games. The current version is repealed January 1, 2029, when a second version becomes operative (PC 30515).
  • 2026-07-01Ninth Circuit order vacating submission in Miller v. Bonta (docket), one day after the U.S. Supreme Court granted review in Viramontes v. Cook County (Supreme Court docket).

FAQ

Is an AR-15 an assault weapon in California?

PC 30510(a)(5) names the "Colt AR-15 series," and subdivision (f) extends "series" to variations with minor differences regardless of manufacturer. Separately, PC 30515 covers semiautomatic, centerfire rifles by their characteristics.

Is it legal to own an assault weapon in California?

Possession is a crime under PC 30605 "except as provided in this chapter." The exceptions include firearms registered during a past registration period and possessed as PC 30945 allows.

Can a family member inherit a registered assault weapon?

Under PC 30915, a person who obtains title by bequest or intestate succession has 90 days to render it permanently inoperable, sell it to a licensed gun dealer, obtain a DOJ permit, or remove it from the state.

Does the Miller v. Bonta ruling mean the law is not enforced?

The Ninth Circuit stayed the district court's ruling on October 28, 2023, and as of 2026-11-10 the copy of the docket on CourtListener, last updated September 30, 2026, shows no later order lifting that stay while the appeal is pending (docket).

Sources

  1. 1.California Penal Code 30510 (assault weapons designated by make and model)
  2. 2.California Penal Code 30515 (assault weapon defined by characteristics, both versions)
  3. 3.California Penal Code 30520 (Attorney General duties)
  4. 4.California Penal Code 30600 (manufacture, import, sale, gift, loan)
  5. 5.California Penal Code 30605 (possession)
  6. 6.California Penal Code 30630 (peace officer exemption)
  7. 7.California Penal Code 30800 (public nuisance and civil fines)
  8. 8.California Penal Code 30900 (registration)
  9. 9.California Penal Code 30915 (inherited assault weapons)
  10. 10.California Penal Code 30925 (moving into California)
  11. 11.California Penal Code 30945 (where a registered assault weapon may be possessed)
  12. 12.California Penal Code 31000 (permits)
  13. 13.California DOJ, Assault Weapons and .50 BMG FAQ
  14. 14.California DOJ, Bullet-Button Assault-Weapon Registration Information
  15. 15.California DOJ, "Other" Assault Weapon Information
  16. 16.11 CCR 5471 (explanation of terms related to assault weapon designation), California Code of Regulations
  17. 17.Miller v. Bonta, No. 19-cv-01537 (S.D. Cal. Oct. 19, 2023), decision
  18. 18.Miller v. Bonta, No. 23-2979 (9th Cir.), docket
  19. 19.Viramontes v. Cook County, No. 25-238, U.S. Supreme Court docket

Last verified Nov 10, 2026Informational only, not legal advice

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