Anaya Nolan
In the United States, the legality of purchasing and owning noncompliant AR-15 rifles varies from state to state. In California, for example, there are three categories of assault weapons, with the AR-15 series falling under the second category. While there are criminal penalties for individuals who sell, purchase, or possess non-roster handguns, there are exceptions for certain public entities, including law enforcement agencies, to purchase non-roster handguns for official use. In Massachusetts, the sale and possession of assault weapons, including copies or duplicates of banned models such as the AR-15, are prohibited. It's important to refer to the specific laws and regulations of each state to understand the legality of purchasing and owning noncompliant AR-15 rifles.
| Characteristics | Values |
|---|---|
| State | California |
| Categories of assault weapons | 3 |
| Category 1 | Firearms on Roberti-Roos assault weapons list |
| Category 2 | Firearms on AK and AR-15 series weapons list |
| Category 3 | Firearms defined by specific generic characteristics ("SB 23 assault weapons") |
| Criminal penalties | Attach to persons who sell, purchase, give, or transfer a non-roster handgun |
| Exemptions | 3 groups of public entities may purchase non-roster handguns |
| Group 1 entities | DOJ, police department, sheriff's official, marshal's office, Department of Corrections and Rehabilitation, California Highway Patrol, district attorney's office, federal law enforcement agency, military or naval forces |
| Other entities | Los Angeles World Airports, K-12 public school district, municipal water district, county welfare fraud investigator or inspector, coroner or deputy coroner, Supreme Court and courts of appeal, fire department or fire protection agency |
| Registration fee | $15 per transaction |
| Serial numbers | Firearms without government-issued serial numbers cannot be registered |
| State law | Prohibits sale and possession of assault weapons |
| Enforcement Notice | Describes tests to identify guns as "copies" or "duplicates" of banned weapons |
| Features Test | Separate basis for concluding a weapon is a banned assault weapon |
| Compliance | Expected voluntarily from gun dealers and manufacturers |
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What You'll Learn
California's three assault weapon categories
California has some of the strictest gun control laws in the US. The state bans certain assault weapons by name, type, series, and model, as well as by the firearm's general characteristics. These are divided into three categories.
Category One
California bans assault weapons by type, series, and model. Firearms in this category are specified in the Roberti-Roos assault weapons list, which includes the Beretta AR-70, Springfield Armory BM59 and SAR-48, Steyer AUG, Sterling MK-6, and the Bushmaster Assault Rifle. They are listed under Penal Code § 30510(a) through (c).
Category Two
California law bans firearm models that are variations of the AK or AR-15, with only minor differences from those two models. These are listed under Penal Code § 30510 subds.(a)(1) and (f). Category One and Two assault weapons are banned regardless of whether they have a Category Three characteristic.
Category Three
Category Three assault weapons are defined by their specific generic characteristics and are often called "SB 23 assault weapons". They include semi-automatic, centerfire rifles that do not have a fixed magazine but have any one of the following:
- A pistol grip that protrudes conspicuously beneath the action of the weapon
- A thumbhole stock
- A folding or telescoping stock
- A grenade or flare launcher
- A flash suppressor
- A forward pistol grip
These assault weapons are listed by the Department of Justice (DOJ) in the California Code of Regulations, Title 11, Section 5499.
Law Enforcement Exemptions
There are exemptions for law enforcement officers to purchase non-roster handguns. There are three groups of public entities that may purchase non-roster handguns, with varying prerequisites for purchase, eligibility, and restrictions on resale. These groups include:
- The Department of Justice
- A police department
- A sheriff’s official
- A marshal’s office
- The Department of Corrections and Rehabilitation
- The Department of the California Highway Patrol
- Any district attorney’s office
- Any federal law enforcement agency
- The military or naval forces of California or the US
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Criminal penalties for non-roster handgun purchases
In California, criminal penalties may be imposed on individuals who sell, purchase, give, or otherwise transfer a non-roster handgun. However, there are exemptions for three groups of public entities that are permitted to purchase non-roster handguns. These groups are allowed to acquire non-roster handguns for use in their official duties, and their sworn members may also purchase such firearms for personal use under specific conditions.
Group 1, which includes law enforcement agencies, can purchase non-roster handguns for official use. This group comprises the Department of Justice, police departments, sheriff's offices, marshal's offices, the Department of Corrections and Rehabilitation, the California Highway Patrol, district attorney's offices, federal law enforcement agencies, and the state's military and naval forces.
Sworn members of Group 1 agencies who have completed the Peace Officer Standards Training (POST) basic course or the firearms portion of a POST-prescribed training course before January 1, 2021, pursuant to California Penal Code Section 832, are permitted to use non-roster handguns as service weapons. Additionally, they must complete a live-fire qualification prescribed by their employer at least once every six months to maintain this privilege.
Group 2 entities, which include departments such as Parks and Recreation, Alcoholic Beverage Control, and Fish and Wildlife, have more restricted rules. Their sworn members may purchase non-roster handguns for personal use but can only resell or transfer them to sworn members of Groups 1, 2, or 3 entities.
It is important to note that all firearm transactions in California are subject to specific requirements and restrictions. These include a mandatory 10-day waiting period, safety device mandates, proof of residency, and a Firearm Safety Certificate (FSC) for purchasers.
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California's Assault Weapons Control Act of 1989
California was the first state in the US to enact legislation regulating the sale, manufacture, and possession of particularly dangerous firearms classified as assault weapons. This legislation, called the Roberti-Roos Assault Weapons Control Act of 1989, classified a list of semi-automatic firearms by specific names and placed restrictions on their possession, use, sale, and transfer. The law also provided for adding copycat firearms to the list.
In California, there are three categories of assault weapons:
- Firearms specified on the original Roberti-Roos assault weapons list.
- Firearms specified on the AK and AR-15 series weapons listing.
- Firearms defined as assault weapons based on specific generic characteristics, often called “SB 23 assault weapons”.
The Roberti-Roos Assault Weapons Control Act of 1989 was augmented in 1999 with SB23, which defined assault weapons by characteristics. This law was renumbered in 2010 to the current Penal Code § 30515. In 2016, Penal Code § 30515 was amended following the San Bernardino Terrorist Attack, banning the "bullet-button" feature. In 2020, the same code section was amended to address shotguns in order to ban the "bullet-button" feature.
California law defines firearms as restricted assault weapons if they are on a list of specific firearm models and types or if they have certain combinations of assault features. The Attorney General is required to maintain a list specifying which models are restricted assault weapons.
In terms of exemptions, there are three groups of public entities that may purchase non-roster handguns, including law enforcement agencies. These include the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney’s office, and any federal law enforcement agency.
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Massachusetts' ban on assault weapons
Massachusetts has some of the most restrictive gun laws in the United States. The state bans the sale and possession of certain firearms deemed "assault weapons" and "large-capacity" firearms. The Massachusetts Assault Weapons Ban prohibits the sale of certain semi-automatic pistols and their copies or duplicates, including the Intratec TEC-9, TEC-DC9, and TEC-22, and the Action Arms Israeli Military Industries UZI and Galil. The ban also includes revolving-cylinder shotguns like the Street Sweeper and Striker 12.
The state defines "assault weapons" as specific firearms, like the Colt AR-15 and Avtomat Kalashnikov (AK) models, and through a two-point "banned features" test. This test identifies weapons as assault weapons if they are semi-automatic, centerfire rifles with a detachable magazine and any two of the following: a protruding pistol grip, a folding or telescoping stock, or a flash suppressor. The law also bans "copies or duplicates" of these listed weapons, which are defined as weapons with similar construction or internal functional components to those that are expressly banned.
The Massachusetts gun laws also restrict the sale of handguns not on an "approved firearms roster", which is updated periodically. This roster is published by the Massachusetts Executive Office of Public Safety and Security (EOPSS) and includes firearms that have passed state-defined testing by approved independent laboratories. While the laws restrict the sale of certain firearms, an LTC (License to Carry) allows individuals to purchase any firearm legal in Massachusetts, including "large-capacity" firearms. However, magazines holding more than 10 rounds are generally unlawful, except for law enforcement or "pre-ban" magazines manufactured before September 13, 1994.
In 2024, the state enacted An Act Modernizing Firearms Laws (H.4885), which was described as significant gun safety legislation. This act included measures such as requiring live-fire training for prospective gun owners, but some aspects were delayed or faced efforts to suspend them. Despite the strict laws, an estimated 10,000 copycat assault weapons were sold in Massachusetts in 2015, highlighting the challenges of enforcing these regulations.
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Massachusetts' Enforcement Notice on assault weapons
In Massachusetts, it is generally unlawful to sell, offer for sale, transfer, own or possess an "assault-style firearm". However, this does not apply to assault-style firearms that were lawfully possessed before August 1, 2024, by an owner with a license, provided the firearm is registered and serialized.
The Massachusetts Assault Weapons Ban Enforcement Notice defines assault weapons in several ways. The law lists weapons that are prohibited by make and model, and states that "copies or duplicates" of these weapons are also banned. The Attorney General's Enforcement Notice describes two tests used to identify "copies or duplicates":
- The weapon's internal functional components are substantially similar to those of a banned weapon (e.g., a Colt AR-15 or Kalashnikov AK-47).
- The weapon meets the "Features Test", as referenced in state law and set out in the Enforcement Notice.
The Enforcement Notice does not change the law regarding ownership of assault weapons by law enforcement officers. Law enforcement officers may still buy and possess assault weapons. However, the notice clarifies that a weapon labelled "state compliant" or "Massachusetts compliant" by the manufacturer is not necessarily legal to purchase or own in Massachusetts. The legality of a weapon depends on whether it meets the state law's definition of an "assault weapon".
The Massachusetts Assault Weapons Ban prohibits the sale of certain semi-automatic pistols, including the INTRATEC TEC-9, TEC-DC9 and TEC-22, and the Action Arms Israeli Military Industries UZI and Galil. Only these weapons and their copies or duplicates are prohibited under the ban.
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Frequently asked questions
In California, there are three groups of public entities that may purchase non-roster handguns. These include the Department of Justice, police departments, sheriff’s officials, marshal’s offices, and more.
Non-roster handguns are firearms that are not listed by the Department of Justice (DOJ) in the California Code of Regulations.
Yes, the prerequisites for purchase, the eligibility of sworn members of the entities to purchase non-roster handguns for personal use, and the restrictions on resale vary.
Some examples include non-compliant AR-15s and AK-47s.
