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Roberti–Roos Assault Weapons Control Act of 1989

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The Roberti-Roos Assault Weapons Control Act of 1989 (AWCA) is legislation enacted by the state of California in the United States that prohibited the ownership and transfer of over fifty specific brands and models of firearms; while mostly rifles, some were pistols and shotguns. These semi-automatic firearms were classified as assault weapons under California law. The act also restricted ownership and possession of magazines that can hold more than 10 rounds of ammunition. Firearms and magazines that were legally owned at the time the law was passed were grandfathered in if they were registered with the California Department of Justice DOJ.

California penal code categories

The Colt AR-15 Sporter SP1 Carbine is a semi-automatic rifle that is classified as an assault weapon under California law.

There are three categories of assault weapons under California law:

  • Category I assault weapons are those firearms specified on the original Roberti-Roos assault weapons list. They are identifieded by make and model in Penal Code §30510.
  • Category II assault weapons are those firearms specified in the AK and AR-15 series weapons list. They are also listed in Penal Code §30510.
  • Category III assault weapons are firearms defined as such based on specific generic characteristics, also referred to as "SB 23 assault weapons." They are defined in Penal Code §30515.

The 'Roberti-Roos Assault Weapons Control Act of 1989, was augmented in 1999. It has also inspired follow-on legislation such as .50 Caliber BMG Regulation Act of 2004 and further restrictions on semi-automatic firearms.

Firearms prohibited by make and model

The term assault weapon means the following designated semiautomatic firearms as defined by Penal Code section 30510:
(a) The following specified rifles:

(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) IMI UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93, HK-94, and HK-PSG-1.
(10) The following MAC types:
(A) RPB Industries Inc, sM10 and sM11.
(B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyer AUG.
(16) Valmet M62S, M71S, and M78S.
(17) Armalite AR-180.
(18) Bushmaster Assault Rifle.
(19) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.

(b) The following specified pistols:

(1) IMI UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc, sM10 and sM11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc, M-11.
(D) Military Armament Corp. Ingram —11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.

(c) The following specified shotguns:

(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc, SS/12.

Weapons banned by characteristic

In addition to the list of semiautomatic firearms banned by name, other firearms are banned by characteristic as given in Penal Code section 30515:

(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 .
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.

Kasler v. Lockyer

The California Supreme Court handed down its decision in Kasler v. Lockyer in August 2000. The original suit, in the mid-1990s, challenged the constitutionality of California’s 1989 Roberti-Roos assault weapons ban. The Court held against the plaintiffs; one resulting aspect of this decision was that the AWCA ’89 "series" terminology used for AR and AK type weapons applied to all similar weapons, regardless of nomenclature (manufacturer, model number, version, variant, etc.). This was significant because during the 1990s, tens of thousands of AR15-style and AK-style firearms were sold in California legally. For example, Colt sold the "Sporter" and "Match Target" rifles after the AR15 itself was banned by AWCA ‘89. The Kasler decision declared all such guns as assault weapons, triggering a requirement that they be specially registered with CalJustice. For intents and purposes Kasler declared all AK-style receivers and AR-style lower receivers as "named" assault weapons – regardless of presence of any attached characteristic features (pistol grips, folding stocks, etc.).

Harrott v. Kings County

However, in a contravening ruling, in June 2001, the California Supreme Court handed down its decision in Harrott v. County of Kings (25 P.3d 649 (Cal. 2001). This ruling determined the following:

a) Determination of “series” membership is difficult enough that owners and law enforcement should merely have to consult a list of specific makes and models (in California Code of Regulation) to know if their gun is a banned assault weapon.

b) Trial courts cannot determine if a given firearm/receiver is a member of AR or AK “series”. Banned weapons in AR/AK “series” must be specifically banned by make and model, and the DOJ must promulgate these banned firearms.

c) DOJ does have authority to ‘identify’ and promulgate new members of the AR & AK “series” itself – and this power is only for AR and AK series members.

d) DOJ cannot ban other weapons outside the AR/AK series, but must instead begin an “add-on” procedure filed in certain superior courts, as specified in PC 30520. Here, DOJ can seek a temporary, then permanent, declaration that given firearms are assault weapon.

e) The DOJ determination of AR/AK “series” membership is challengeable.

See also

References

  1. "Assault Weapons Identification Guide", California Department of Justice. Retrieved January 25, 2013.
  2. "Firearms Laws – 2007", California Department of Justice. Retrieved January 25, 2013.
  3. ^ "Kasler v. Lockyer Assault Weapons List", California Department of Justice, October 2, 2000. Retrieved January 25, 2013.
  4. ^ Perata. "ADDITION TO ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989 - ENACTMENT OF GENERIC ASSAULT WEAPON BAN/REGISTRATION REQUIREMENTS AND BAN ON MANUFACTURE, SALE OR TRANSFER OF "LARGE-CAPACITY MAGAZINES". SENATE COMMITTEE ON Public Safety, Senator John Vasconcellos, Chair 1999-2000 Regular Session. Retrieved 13 May 2014.
  5. "What is considered an assault weapon under California law?". oag.ca.gov. California DOJ. 2014. Retrieved May 12, 2014.
  6. Rosenberg, Jeremy. "Behind California's Ban on Assault Weapons". KCET. Retrieved 13 May 2014.
  7. ^ "Penal Code Section 30500-30530". leginfo.ca.gov. Legislative Counsel of California. 2014. Retrieved May 12, 2014.

External links

Article 1. §30500-30530 General Provisions
Article 2. §30600-30675 Unlawful Acts Relating to Assault Weapons and .50 BMG Rifles
Article 3. §30710-30735 SKS Rifles
Article 4. §30800 Assault Weapon or .50 BMG Rifle Constituting Nuisance
Article 5. §30900-30965 Registration of Assault Weapons and .50 BMG Rifles and Related Rules
Article 6. §31000-31005 Permits for Assault Weapons and .50 BMG Rifles
Article 7. §31050-31055 Licensed Gun Dealers
Article 8. §31100-31115 Miscellaneous Provisions
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