With limited exceptions, California prohibits anyone from possessing an assault weapon unless he or she possessed the firearm prior to the date it was defined as an assault weapon and registered the firearm with the California Department of Justice (“DOJ”) in the timeframe established by state law.1
California also prohibits any person from manufacturing, distributing, transporting, importing, keeping for sale, offering for sale, giving, or lending any assault weapon within the state.2 However, DOJ may, upon a finding of good cause, issue permits for the manufacture, sale, or possession of assault weapons to certain law enforcement agencies and officers and to approved individuals over the age of 18.3 DOJ must conduct a yearly inspection – or every five years if the person to be inspected has fewer than five permitted devices – of every person to whom a permit is issued, for security and safe storage practices, and to reconcile the inventory of assault weapons.4 Generally, no lawfully possessed assault weapon may be sold or transferred to anyone within California other than to a licensed gun dealer or to a police or sheriff’s department.5
California law lists certain firearms that have been deemed assault weapons, including all AK series and Colt AR-15 series.6 California’s Attorney General is required to promulgate a list specifying all such firearms.7 However, a firearm that meets any of the following descriptions is also an “assault weapon”:8