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California List of Banned Weapons is Expanded

The following document was published July 17, 2000 by the Firearms Division of the California Department of Justice.  It provides the reasoning and list, by make and model, of firearms that are considered banned from sale in California effective July 29, 2000.  Owners of the firearms (expanded from the original Roberti-Roos list of 1989) are expected by the state gestapo to destroy, remove from the state or register the firearm by December 31, 2000.  Recommended reading: Why I Will Not Obey California's Gun Registration Edict by Brian Puckett
 

TO: ALL LAW ENFORCEMENT AGENCIES
ALL FIREARMS DEALERS AND MANUFACTURERS
ALL PRESIDING JUDGES OF THE SUPERIOR COURTS
ALL DISTRICT ATTORNEYS

Summary
Effective July 29, 2000, unless the California Supreme Court grants a rehearing, copycat/clone “series” AK and AR-15 assault weapons cannot be offered for sale, sold, manufactured, or imported into California. Additionally, such assault weapons possessed prior to July 29, 2000, must be registered on or before December 31, 2000. This bulletin addresses issues surrounding these changes.

Supreme Court Findings / Opinion
On June 29, 2000, the California Supreme Court issued the long awaited decision in Kasler v. Lockyer, a case which addresses the 1989 Roberti-Roos Assault Weapons Control Act (AWCA). The California Supreme Court reversed an earlier Court of Appeal decision which had determined there were constitutional infirmities in the AWCA. In Kasler, the California Supreme Court upheld the constitutionality of the AWCA in its entirety.

An integral part of the AWCA is the provision in Penal Code section 12276.5, which allows the Attorney General to add-on additional weapons which are similar to those listed in subdivisions (a), (b) and (c) of section 12276. In addition, and separate from the add-on provision, Penal Code
section 12276, subdivisions (e) and (f), state that all AK series and AR-15 series weapons are controlled assault weapons even if they are “other models that are only variations, with minor differences, regardless of manufacturer.” There are many copycat/clone “series” AK and AR-15 assault weapons.

The add-on provision of Penal Code section 12276.5 was a major subject of the Kasler litigation which began in 1992. During the pendency of the litigation and due to questions about the constitutionality of the AWCA, Attorney General Daniel Lungren, and later Attorney General Bill Lockyer, did not use the add-on provision to regulate other weapons, nor did the Department of Justice identify the “series” weapons listed in the separate provisions of Penal Code section 12276, subdivisions (e) and (f). Series weapons continued to be manufactured, imported into California, sold, purchased and possessed within California without regard to Penal Code section 12276, subdivisions (e) and (f).

In 1999 the Legislature expanded the assault weapons definition by adding Penal Code section 12276.1, which identifies assault weapons by characteristics. The Kasler decision has affirmed the Attorney General’s authority to identify assault weapons with both the add-on provisions of Penal Code section 12276.5 and identify the “series” AK and AR-15 assault weapons pursuant to Penal Code section 12276 (e)(f). Removal of assault weapon characteristics does not eliminate the need to register AK and AR-15 series weapons.

Department of Justice Obligation
To date, multiple legislative sessions have passed legislation to control assault weapons under three governors. Now with the concurrence of the California Supreme Court, the legislative, executive and judicial branches of government have directly addressed the control of assault weapons. In light of the recent Supreme Court’s determination that the Act is constitutional, the Department of Justice is obligated to identify and enforce the statute with respect to AK and AR-15 copycat/clone “series” weapons. To assist the public in identifying these assault weapons, the Department of Justice has identified the attached list of series weapons. The Department of Justice, with the assistance of experts and other interested parties in the assault weapons field, plans to publish a more current list by October 1, 2000. Thereafter, individuals who lawfully possessed these copycat/clone “series” weapons will have 90 days, October 2, 2000, through December 31, 2000, to register these “series” assault weapons with the Department of Justice. For those who are currently in possession of these assault weapons, the Department of Justice will begin accepting registrations for these copycat/clone “series” assault weapons immediately. Peace officers owning personal assault weapons are not exempt from these requirements.

Effective Dates / Deadlines for “Series” Assault Weapons
On July 29, 2000, the Supreme Court decision in Kasler becomes final unless the California Supreme Court grants a rehearing. As of that date, copycat/clone AK and AR-15 “series” weapons can no longer be manufactured within the state, imported into the state, offered for sale or sold
within California.

In order to comply with the law, an individual in lawful possession of an AK or AR-15 “series” assault weapon must do one of the following:

• lawfully possess the “series” assault weapon on or before July 28, 2000, and register it on
or before December 31, 2000; or

• lawfully possess the “series” assault weapon on or before July 28, 2000, and must either
sell or transfer the “series” assault weapon via the Dealer Record of Sale (DROS) process
on or before July 28, 2000. Starting the DROS process prior to midnight July 28, 2000, is
sufficient. Starting the process includes both submission of the purchaser information to
the Department of Justice and also assignment of the DROS number by the department; or

• render the weapon permanently inoperable, sell the weapon to a licensed assault weapons
dealer, or remove the weapon from this state.

Senate Bill (SB) 23 , Penal Code section 12276.1, in light of Kasler
Senate Bill 23, Penal Code section 12276.1, does not apply to AK and AR-15 “series” assault weapons. These assault weapons must be registered. Removal of a characteristic will not change their status as assault weapons.

Questions
In an effort to assist you in identifying Roberti-Roos and AK and AR-15 “series” weapons, the
Department of Justice will publish an Assault Weapon Identification Guide in the near future. If
you have any questions, please feel free to visit the Firearms Division’s web site at
caag.state.ca.us/firearms, or speak with a Firearms Division Field Representative at
916-227-3703. For more information on SB 23, you may visit the www.regagun.org website or
call the toll-free information line at 877-734-2486.

Sincerely,
RANDY ROSSI, Director
Firearms Division
For BILL LOCKYER
Attorney General
Attachment
ls

AK ASSAULT WEAPONS - ORIGINALLY IDENTIFIED
THESE ASSAULT WEAPONS HAD TO BE REGISTERED BY MARCH 31, 1992.

MAADI CO
     AK47
     ARM
Made in China
     AK
     AKM
     AKS
     AK47
     AK 47S
     56
     56S
     84S
     86S
Norinco
     56
     56 S
     84 S
     86 S
Poly Technologies
     AKS
     AK47

AK SERIES ASSAULT WEAPONS - RECENTLY IDENTIFIED
THESE ASSAULT WEAPONS MUST BE REGISTERED BY DECEMBER 31, 2000.

American Arms
     AK-Y 39
     AK-F 39
     AK-C 47
     AK-F 47
Arsenal
     SLR (all)
     SLG (all)
B-West
     AK-47 (all)
Hesse Arms
     Model 47 (all)
     Wieger STG 940 Rifle
Inter Ordnance - Monroe, NC
     AK-47 (all)
     RPK
     M-97
Kalishnikov USA
     Hunter Rifle
MAADI CO
     MISR (all)
     MISTR (all)
MARS
     Pistol
Mitchell Arms, Inc.
     AK-47 (all)
     AK-47 Cal. 308 (all)
     M-76
RPK
     M-90
Norinco
     AK-47 (all)
     86 (all)
     Hunter Rifle
     Model B (all)
     NHM 90, 90-2, 91 Sport
     RPK Rifle
     Type 81 S (all)
     MAK 90
Ohio Ordnance Works (o.o.w.)
     ROMAK 991
Valmet
     Hunter Rifle
     76 S
WUM
     WUM (all)

AR ASSAULT WEAPONS - ORIGINALLY IDENTIFIED
THESE ASSAULT WEAPONS HAD TO BE REGISTERED BY MARCH 31, 1992.

Colt
     AR-15

AR SERIES ASSAULT WEAPONS - RECENTLY IDENTIFIED
THESE ASSAULT WEAPONS MUST BE REGISTERED BY DECEMBER 31, 2000.

American Spirit
      USA Model
Armalite
      AR 10 (all)
      M15 (all)
      Golden Eagle
Bushmaster
      Bushmaster XM15 (all)
Colt
     Sporter (all)
     Match Target (all)
     Law Enforcement (6920)
Eagle Arms
     M15 (all)
     EA-15 A2 H-BAR
     EA-15 E1
Dalphon
     B.F.D.
DPMS
     Panther (all)
Hesse Arms
     HAR 15A2 (all)
Knights
     SR-15 (all)
     SR-25 (all)
     RAS (all)
Les Baer
     Ultimate AR (all)
Olympic Arms
     AR-15
     Car-97
     PCR (all)
Professional Ordnance, Inc.
     Carbon 15 Rifle
     Carbon 15 Pistol
Palmetto
     SGA (all)
PWA
     All Models
Rock River Arms, Inc.
     Standard A-2
     Car A2
     Standard A-4 Flattop
     Car A4 Flattop
     NM A2 - DCM Legal
     LE Tactical Carbine
Wilson Combat
     AR-15

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