Need help understanding a California law

[KahrMan]

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.

Edited October 14, 2015 by KahrMan

[E4 No More]

Wouldn't "capacity" in 1 plus 1A add up to their definition of an "Assault Weapon"??? So 1 plus 1A, 1B, 1C, 1D, 1E, or 1F hoses you right off. 2 or 3 hoses you too.

[KahrMan]

The SR9 does not meet the criteria of 2 or 3.  It does not have a fixed magazine and is over 30".

It does fit 1 B  It accepts a detachable mag and has a thumbhole stock.  It does not fit a, c, d,e, or f.

 

My question is does it have to fit into 1, 2 and 3 (all of them) to be an assault rifle or does fitting into just one of the three make it an assault rifle.

Edited October 14, 2015 by KahrMan

[E4 No More]

The SR9 does not meet the criteria of 2 or 3.  It does not have a fixed magazine and is over 30".

It does fit 1 B  It accepts a detachable mag and has a thumbhole stock.  It does not fit a, c, d,e, or f.

 

My question is does it have to fit into 1, 2 and 3 (all of them) to be an assault rifle or does fitting into just one of the three make it an assault rifle.

I read it as fitting into either 1, 2, or 3; not all 3.

 

And SR9 can violate 1A: https://en.wikipedia.org/wiki/Heckler_%26_Koch_SR9

Edited October 14, 2015 by SWJewellTN

[KahrMan]

I read it as fitting into either 1, 2, or 3; not all 3.

 

And SR9 can violate 1A: https://en.wikipedia.org/wiki/Heckler_%26_Koch_SR9

 

Yes and no

SR9 - thumbhole stock only - does not violate 1 A (like mine)

SR9 T and SR9 TC - pistol grips and does violate 1 A

 

So technically we are both correct.   :pleased:

[KahrMan]

I read it as fitting into either 1, 2, or 3; not all 3.

 

 

That is the way I read it also but wanted other peoples opinion because I was not sure

[LI0NSFAN]

My understanding is it needs a thumb hole stock and the mag adapter to make the mag not detachable. I would just say no to be safe. It is a good gun and I am sure you will get an offer from a state that is not that restrictive.

Sent from my SM-N920P using Tapatalk

[monkeylizard]

Wouldn't "capacity" in 1 plus 1A add up to their definition of an "Assault Weapon"??? So 1 plus 1A, 1B, 1C, 1D, 1E, or 1F hoses you right off. 2 or 3 hoses you too.

 

This is the correct reading.

Since yours meets 1 and 1(B ), it's a no-go for California.

[LI0NSFAN]

I might have a thumb hole stock lying around if you are interested. It might help it qualify.

Sent from my SM-N920P using Tapatalk Edited October 14, 2015 by LI0NSFAN

[KahrMan]

I might have a thumb hole stock lying around if you are interested. It might help it qualify.

Sent from my SM-N920P using Tapatalk

 

It already has a thumbhole stock on it.  Thanks though.

[peejman]

If there's any doubt what-so-ever, I wouldn't do it.  There's way too many unpleasant consequences. 

[bud]

. Edited December 7, 2015 by bud

[TrickyNicky]

Instead of trying to demystify the murkiest of waters, call my guy Paul over at Martin B. Rettings. (310) 837-2412

 

If he's not there just tell whoever answers the phone that you are from TN and have a question regarding shipping a weapon for a private sale and then tell them all about it, they'll tell you real fast if you are G2G or not.

[DaveTN]

Does this help?
http://www.calguns.net/caawid/flowchart.pdf

[Shepherd Master]

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.

I had a rather large collection of AKs and others at one time.....sold most of it off. 

 

I had no problem selling to CA, I'm not obliged to obey or conform to CA law. 

The buyer is, not me. 

Once I was paid in full and shipped...>>>>>NOT my problem.

And CA can go pound.......see large middle finger raised.

[KahrMan]

Instead of trying to demystify the murkiest of waters, call my guy Paul over at Martin B. Rettings. (310) 837-2412

 

If he's not there just tell whoever answers the phone that you are from TN and have a question regarding shipping a weapon for a private sale and then tell them all about it, they'll tell you real fast if you are G2G or not.

 

Thanks but I have decided not to sell it to the Cali guy.  

 

Does this help?
http://www.calguns.net/caawid/flowchart.pdf

 

Actually that did help.  It looks like a mess but it was easy to follow and show that it is not allowed in Cali.

 

I had a rather large collection of AKs and others at one time.....sold most of it off. 

 

I had no problem selling to CA, I'm not obliged to obey or conform to CA law. 

The buyer is, not me. 

Once I was paid in full and shipped...>>>>>NOT my problem.

And CA can go pound.......see large middle finger raised.

 

That may be the case but I have decided to not sell it into Cali. 

 

I found another guy that wanted it so I am good to go.

 

Thanks everybody.