I have a guy in California wanting to buy my H&K SR9. Cali has restrictions on what type of "assault rifle" can be shipped into the state. The buyer seems to think the SR9 is one of the rifles allowed. So I looked up the law controlling the importation of rifles and am a little confused. Here is the law:
CATEGORY 3
Assault Weapon Generic Characteristics (Penal Code Section 12276.1)
The Roberti-Roos Assault Weapons Control Act of 1989 (Penal Code section 12276) regulates specific assault weapons by makes and models. Since its passage in 1989, many manufacturers created new firearm models that have very similar characteristics to controlled assault weapons. In response, the Legislature passed and the governor signed SB 23 (Chapter 129, Statutes of 1999), which created Penal Code section 12276.1 to define assault weapons by generic characteristics. It is important to understand that the Roberti-Roos Assault Weap- ons Control Act of 1989 (Penal Code section 12276), which lists assault weapons by make and model, is still the law and those weapons were required to be registered on or before March 31, 1992 (with the exception of certain AK series and AR-15 series weapons, which were required to be registered on or before January 23, 2001). (Penal Code §§ 12276.1)
Penal Code section 12276.1 complements rather than supersedes the Roberti-Roos Assault Weapons Control Act of 1989. A firearm that is of a type specified in Penal Code Section 12276.1 that has any of the specified characteristics listed for that type of firearm is considered a Category 3 (generic characteristics) assault weapon. Under Penal Code section 12276.1, a firearm’s make, model, or markings have no bearing on whether it is an assault weapon. A firearm’s status as an assault weapon under this category is determined solely by its charac- teristics. There are three general types of firearms that are controlled by the generic characteristics assault weapons laws. These types include semiautomatic centerfire rifles, semiautomatic pistols, and semiautomatic or revolving cylinder shotguns.
Generic Characteristics Defining Assault Weapons:
12276.1 (a) Notwithstanding Penal Code section 12276, “assault weapon” shall also mean the following:
Rifles
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
<B> A thumbhole stock.
<C> A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10
rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
Note: Bayonets and bayonet lugs are not assault weapon characteristics under California law.
My questions is on 12276.1 Does the rifle have to meet all three criteria to be considered an assault rifle or is it an assault rifle if it meets any of the 3 criteria? The SR9 fits number 1 but not number 2 or 3.
Any opinion would be appreciated.
